49-22-203. Exclusions from membership in system.

578 words·~3 min read·/ut/title-49/chapter-22/49-22-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)The following employees are not eligible for service credit in this system:

(a)subject to the requirements of Subsection

(2), an employee whose employment status is temporary in nature due to the nature or the type of work to be performed;

(b)except as provided under Subsection

(3), an employee of an institution of higher education who participates in a retirement system with a public or private retirement system, organization, or company designated by the Utah Board of Higher Education, or the technical college board of trustees for an employee of each technical college, during any period in which required contributions based on compensation have been paid on behalf of the employee by the employer;

(c)an employee serving as an exchange employee from outside the state for an employer who has not elected to make all of the employer's exchange employees eligible for service credit in this system;

(d)an employee of the Department of Workforce Services who is covered under another retirement system allowed under Title 35A, Chapter 4, Employment Security Act ;

(e)an employee who is employed with a withdrawing entity that has elected under Section 49-11-623 , prior to January 1, 2017, to exclude:

(i)new employees from participation in this system under Subsection 49-11-623(3)(a) ; or

(ii)all employees from participation in this system under Subsection 49-11-623(3)(b) ;

(f)a person who files a written request for exemption with the office under Section 49-22-205 ;

(g)an employee described in Subsection (1)(g)(i) or

(ii)who is employed with a withdrawing entity that has elected under Section 49-11-624 , before January 1, 2018, to exclude:

(i)new employees from participation in this system under Subsection 49-11-624(3)(a) ; or

(ii)all employees from participation in this system under Subsection 49-11-624(3)(b) ;

(h)an employee who is employed with a withdrawing entity that has elected under Section 49-11-625 , before July 1, 2022, to exclude all employees from participation in this system; or

(i)an employee who is employed with a withdrawing entity that elects under Section 49-11-626 to exclude:

(i)new employees from participation in this system under Subsection 49-11-626(3)(a) ; or

(ii)all employees from participation in this system under Subsection 49-11-626(3)(b) .

(2)If an employee whose status is temporary in nature due to the nature of type of work to be performed:

(a)is employed for a term that exceeds six months and the employee otherwise qualifies for service credit in this system, the participating employer shall report and certify to the office that the employee is a regular full-time employee effective the beginning of the seventh month of employment; or

(b)was previously terminated prior to being eligible for service credit in this system and is reemployed within three months of termination by the same participating employer, the participating employer shall report and certify that the member is a regular full-time employee when the total of the periods of employment equals six months and the employee otherwise qualifies for service credits in this system.

(3)Upon cessation of the participating employer contributions, an employee under Subsection (1)(b) is eligible for service credit in this system.

(4)An employee's exclusion, exemption, participation, or election described in this section:

(a)shall be made in accordance with this section; and

(b)is subject to requirements under federal law and rules made by the board.

Amended by Chapter 512 , 2023 General Session