Utah Code 49-13-201. System membership — Eligibility
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(1) Beginning July 1, 1986, the state and its educational institutions shall participate in this system.
Terms Used In Utah Code 49-13-201
- Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
- Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
- Initially entering: includes an employee of a participating employer, except for an employee that is not eligible under a system or plan under this title, who:(29)(c)(i) does not have any prior service credit on file with the office;(29)(c)(ii) is covered by a retirement plan other than a retirement plan created under this title; and(29)(c)(iii) moves to a position with a participating employer that is covered by this title. See Utah Code 49-11-102
- Participating employer: means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202. See Utah Code 49-13-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
- Regular full-time employee: includes :
(5)(b)(i) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;(5)(b)(ii) a classified school employee:(5)(b)(ii)(A) who is hired before July 1, 2013; and(5)(b)(ii)(B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(5)(b)(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;(5)(b)(iv) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and(5)(b)(v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-13-102- Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102
- Service credit: means :
(50)(a) the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and(50)(b) periods of time otherwise purchasable under this title. See Utah Code 49-11-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- System: means the Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102
- Tier I: means a system or plan under this title for which:
(54)(a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or(54)(b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102(1)(a) A person entering regular full-time employment with the state or its educational institutions after July 1, 1986, but before July 1, 2011, is eligible for service credit in this system.(1)(b) A person entering regular full-time employment with the state or its educational institutions after July 1, 2011, who has service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, is eligible for service credit in this system.(1)(c) A regular full-time employee of the state or its educational institutions prior to July 1, 1986, may either become eligible for service credit in this system or remain eligible for service in the system established under Chapter 12, Public Employees’ Contributory Retirement Act, by following the procedures established by the board in accordance with this chapter.(2) An employer, other than the state and its educational institutions, may participate in this system except that once an employer elects to participate in this system, that election is irrevocable and the election must be made before July 1, 2011.(2)(a) Until June 30, 2011, a person initially entering regular full-time employment with a participating employer which elects to participate in this system is eligible for service credit in this system.(2)(b) A person in regular full-time employment with a participating employer prior to the participating employer’s election to participate in this system may either become eligible for service credit in this system or remain eligible for service in the system established under Chapter 12, Public Employees’ Contributory Retirement Act, by following the procedures established by the board in accordance with this chapter.(3) Notwithstanding the provisions of Subsections (1) and (2), a person initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system.