49-22-504. Exemption from vesting requirements for military service members and spouses with orders outside the state.
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Effective 7/1/2025
49-22-504. Exemption from vesting requirements for military service members and spouses with orders outside the state.
(1)As used in this section, "service member" means the same as that term is defined in Section 71A-1-101 .
(2)Employer nonelective contributions made on a member's behalf to a defined contribution plan under Section 49-22-303 or 49-22-401 are exempt from the vesting requirements of Subsections 49-22-303(2)(a) and 49-22-401(3)(a) if:
(a)the member or the member's lawful spouse is a service member;
(b)before the employer nonelective contributions vest in accordance with Subsection 49-22-303(2)(a) or 49-22-401(3)(a) , the member or the member's spouse receives permanent change of station or relocation orders outside the state;
(c)the member has a bona fide termination of employment with all participating employers; and
(d)the member applies in writing to the office requesting an exemption under this section.
(3)After the office receives a written application under this section and determines the member satisfies the conditions described in Subsection
(2), the total amount of employer nonelective contributions made on a member's behalf vest to the member.
Enacted by Chapter 64 , 2025 General Session