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First Substitute S.B. 271
Senator Scott N. Howell proposes to substitute the following bill:
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PUBLIC SAFETY NONCONTRIBUTORY
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RETIREMENT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Scott N. Howell
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AN ACT RELATING TO RETIREMENT; AMENDING PUBLIC SAFETY RETIREMENT
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EXCLUSION PROVISIONS FOR SHERIFFS AND CHIEFS OF POLICE; AND PROVIDING
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AN EFFECTIVE 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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49-4-205, as last amended by Chapter 224, Laws of Utah 1991
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49-4a-206, as last amended by Chapter 305, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
49-4-205
is amended to read:
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49-4-205. 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].
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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 or an appointed chief of police who is eligible to retire under Section
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S [
49-4a-401
]
49-4-401
s
may:
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(i) retire from the system and receive a retirement payment;
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(ii) continue in the elected or appointed 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.
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.
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(b) Except as provided in Subsection (1)(c), the public employee may not continue
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employment in the same covered employer unit and receive payment from the retirement office
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at the same time.
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(c) An elected sheriff or an appointed chief of police who is eligible to retire under Section
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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 or appointed 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 3. Effective date.
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This act takes effect on July 1, 2000.
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