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H.B. 230

             1     

RETIREMENT OF PUBLIC SAFETY

             2     
OFFICIALS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Ron Bigelow

             6      This act modifies the Utah State Retirement Act by opening a conversion window for the
             7      Public Safety Noncontributory Retirement System S for chiefs of police s . This act allows an
             7a      appointed chief of
             8      police to retire within the Public Safety Retirement System and to continue in the office with
             9      a retirement exclusion. This act takes effect on July 1, 2002.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          49-4a-205, as last amended by Chapter 268, Laws of Utah 1998
             13          49-4a-206, as last amended by Chapter 305, Laws of Utah 1999
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 49-4a-205 is amended to read:
             16           49-4a-205. Conversion to system -- Time schedule.
             17          The following laws govern conversion to the Public Safety Noncontributory Retirement
             18      System:
             19          (1) For persons governed by Subsection 49-4a-203 (2), the election to participate in the
             20      noncontributory system shall be made within six months of the effective date of this chapter.
             21          (2) (a) For political subdivisions governed by Subsection 49-4a-203 (3), the election to
             22      participate as a local government unit shall be made within six months of the effective date of this
             23      chapter. The political subdivision shall indicate whether or not it elects to participate by enacting
             24      a resolution or ordinance to that effect. Prior to the enactment of the resolution or ordinance, a
             25      hearing shall be held by the political subdivision, at which all public safety employees of the
             26      political subdivision shall be given an opportunity to be heard on the question of participating in
             27      this noncontributory retirement system. Notice of the hearing shall be mailed to all employees

             28      within 30 days of the hearing and shall contain the time, place, and purpose of the hearing.
             29          (b) A person in full-time employment with a political subdivision prior to its election to
             30      participate has six months from the date the political subdivision elects to participate in which to
             31      elect to become a member of the noncontributory system.
             32          (3) Subsections (1) and (2) shall be used to provide a time period of conversion to the
             33      Public Safety Noncontributory Retirement System beginning July 1, 1998, and ending December
             34      31, 1998. A person converting to the system during this time period shall be subject to all the
             35      rights, limitations, terms, and conditions of Title 49, Chapter 4a, Public Safety Noncontributory
             36      Retirement Act.
             37          (4) Subsections (1) and (2) shall be used to provide a time period S [ of conversion ] FOR AN
             37a      APPOINTED CHIEF OF POLICE TO CONVERT s to the
             38      Public Safety Noncontributory Retirement System beginning July 1, 2002, and ending December
             39      31, 2002. A S [ person ] CHIEF OF POLICE s converting to the system during this time period shall
             39a      be subject to all the
             40      rights, limitations, terms, and conditions of Title 49, Chapter S [ 4a ] 15 s , Public Safety Noncontributory
             41      Retirement Act S , INCLUDING AN EMPLOYER'S ELECTION UNDER SUBSECTION (2) s .
             42          Section 2. Section 49-4a-206 is amended to read:
             43           49-4a-206. Exclusion of certain employees from coverage -- Exception.
             44          (1) (a) A public employee serving as the commissioner of public safety, or as the elected
             45      or appointed sheriff or chief of police of a public safety organization, is excluded from coverage
             46      under this system if that public employee files a formal written request seeking exclusion from
             47      coverage.
             48          (b) Except as provided in Subsection (1)(c), the public employee may not continue
             49      employment in the same covered employer unit and receive payment from the retirement office
             50      at the same time.
             51          (c) An elected sheriff or an appointed chief of police who is eligible to retire under Section
             52      49-4a-401 may:
             53          (i) retire from the system and receive a retirement payment;
             54          (ii) continue in the elected or appointed office; and
             55          (iii) file for the exclusion under Subsection (1)(a).
             56          (2) Any member of the system or any newly hired employee who is eligible for coverage
             57      and who is drawing a military pension may, by application to the retirement administrator, be
             58      exempted from participating in the system.

             59          Section 3. Effective date.
             60          This act takes effect on July 1, 2002.




Legislative Review Note
    as of 1-7-02 8:56 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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