Utah SB 24: S.B. 24 Utah Retirement Systems Revisions

Bill Text

Enrolled Copy S.B. 24
1 UTAH RETIREMENT SYSTEMS REVISIONS
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 House Sponsor: Walt Brooks
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act.
10 Highlighted Provisions:
11 This bill:
12 < requires a participating employer to certify each employee's status for retirement
13 benefits;
14 < provides the time period for which a retiree's retirement allowance is cancelled due
15 to a violation of the earnings limitation for a part-time appointed or elected board
16 member;
17 < aligns the time period for determining final average salary with the time period for
18 calculating years of service credit;
19 < adds the commissioner of the Department of Public Safety and the executive
20 director of the Department of Corrections to the definitions of public safety service
21 employee;
22 < clarifies when an elected official who is initially elected to office on or after July 1,
23 2011, may continue to participate in a retirement plan in which the elected official
24 had previously accrued service credit;
25 < provides that a full-time Tier II employee who begins employment with an
26 institution of higher education and has previously accrued service credit has a
27 one-time irrevocable election to continue participation in the Utah Retirement
28 Systems;

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29 < provides that a member who exempts from participation in the Utah Retirement
30 Systems is exempt from earning years of service credit during the period of
31 exemption;
32 < permits a public safety service employee who is promoted to certain administrative
33 positions to continue participation in a public safety retirement system while the
34 employee remains employed with the same department;
35 < permits a fire department chief to exempt from participation in the New Public
36 Safety and Firefighters Tier II Contributory Retirement Act;
37 < repeals the New Public Safety and Firefighter Tier II Retirement Benefits Restricted
38 Account; and
39 < makes technical and conforming changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill provides a special effective date.
44 Utah Code Sections Affected:
45 AMENDS:
46 49-11-603, as last amended by Laws of Utah 2017, Chapter 141
47 49-11-1207, as last amended by Laws of Utah 2017, Chapter 141
48 49-12-102, as last amended by Laws of Utah 2018, Chapter 415
49 49-13-102, as last amended by Laws of Utah 2018, Chapter 415
50 49-14-102, as last amended by Laws of Utah 2016, Chapter 227
51 49-14-201, as last amended by Laws of Utah 2021, Chapter 344
52 49-15-102, as last amended by Laws of Utah 2016, Chapter 227
53 49-15-201, as last amended by Laws of Utah 2021, Chapter 344
54 49-16-102, as last amended by Laws of Utah 2019, Chapter 349
55 49-22-102, as last amended by Laws of Utah 2018, Chapter 415

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56 49-22-201, as last amended by Laws of Utah 2020, Chapter 24
57 49-22-204, as last amended by Laws of Utah 2020, Chapters 24 and 365
58 49-22-205, as last amended by Laws of Utah 2021, Chapters 64 and 382
59 49-22-401, as last amended by Laws of Utah 2016, Chapter 227
60 49-23-102, as last amended by Laws of Utah 2020, Chapter 180
61 49-23-201, as last amended by Laws of Utah 2015, Chapters 315 and 463
62 49-23-203, as last amended by Laws of Utah 2020, Chapter 24
63 49-23-401, as last amended by Laws of Utah 2020, Chapter 437
64 REPEALS:
65 49-11-904, as enacted by Laws of Utah 2020, Chapter 437
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 49-11-603 is amended to read:
69 49-11-603. Participating employer to report and certify -- Time limit -- Penalties
70 for failure to comply.
71 (1) As soon as administratively possible, but in no event later than 30 days after the
72 end of each pay period, a participating employer shall report and certify to the office:
73 (a) the eligibility for service credit accrual of:
74 (i) each current employee;
75 (ii) each new employee as the new employee begins employment; and
76 (iii) any changes to eligibility for service credit accrual of each employee;
77 (b) the compensation of each current employee eligible for service credit; and
78 (c) other factors relating to the proper administration of this title as required by the
79 executive director.
80 (2) (a) Each participating employer shall submit the reports required under Subsection
81 (1) in a format approved by the office.
82 (b) Each participating employer shall include in the reports a certification, for each

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83 employee, whether the employee is:
84 (i) an eligible employee who is accruing service credit;
85 (ii) an ineligible employee who may not accrue service credit;
86 (iii) a reemployed retiree; or
87 (iv) an employee who is eligible for employer contributions to a defined contribution
88 plan administered under this title.
89 (3) A participatin