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H.B. 365
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PUBLIC SAFETY RETIREMENT EXCEPTIONS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Blake D. Chard
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AN ACT RELATING TO RETIREMENT; MODIFYING PUBLIC SAFETY RETIREMENT
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EXCLUSION PROVISIONS FOR ELECTED SHERIFFS; AND PROVIDING AND EFFECTIVE
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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49-4a-206, as last amended by Chapter 224, Laws of Utah 1991
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
49-4a-206
is amended to read:
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49-4a-206. Exclusion of certain employees from coverage -- Exception.
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(1) (a) A public employee serving as the commissioner of public safety, or as the elected
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or appointed sheriff or chief of police of a public safety organization, is excluded from coverage
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under this system if that public employee files a formal written request seeking exclusion from
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coverage[, but the].
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(b) Except as provided in Subsection (1)(c), the public employee [cannot] may not
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continue employment in the same covered employer unit and receive payment from the retirement
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office at the same time.
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(c) An elected sheriff who is eligible to retire under Section
49-4a-401
may:
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(i) retire from the system and receive a retirement payment;
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(ii) continue in the elected office; and
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(iii) file for the exclusion under Subsection (1)(a).
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(2) Any member of the system or any newly hired employee who is eligible for coverage
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and who is drawing a military pension may, by application to the retirement administrator, be
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exempted from participating in the system.
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Section 2. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 2-1-99 2:13 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.