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Terms Used In Utah Code 49-23-202

  • 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
  • Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
              (6)(a)(i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department;
              (6)(a)(ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal;
              (6)(a)(iii) a firefighter service employee who is:
                   (6)(a)(iii)(A) hired on or after July 1, 2021;
                   (6)(a)(iii)(B) trained in firefighter techniques;
                   (6)(a)(iii)(C) assigned to a position of hazardous duty; and
                   (6)(a)(iii)(D) employed by the state as a participating employer; or
              (6)(a)(iv) an emergency medical service personnel. See Utah Code 49-23-102
  • Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-23-102
  • Participating employer: means an employer that meets the participation requirements of:
         (9)(a) Sections 49-14-201 and 49-14-202;
         (9)(b) Sections 49-15-201 and 49-15-202;
         (9)(c) Sections 49-16-201 and 49-16-202; or
         (9)(d) Sections 49-23-201 and 49-23-202. See Utah Code 49-23-102
  • Public safety service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
              (10)(a)(i) a law enforcement officer in accordance with Section 53-13-103;
              (10)(a)(ii) a correctional officer in accordance with Section 53-13-104;
              (10)(a)(iii) a special function officer approved in accordance with Sections 49-15-201 and 53-13-105;
              (10)(a)(iv) a dispatcher who is certified in accordance with Section 53-6-303;
              (10)(a)(v) a full-time member of the Board of Pardons and Parole created under Section 77-27-2;
              (10)(a)(vi) the commissioner of the Department of Public Safety; or
              (10)(a)(vii) the executive director of the Department of Corrections. See Utah Code 49-23-102
  • Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-23-102
  • 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
  • System: means the New Public Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
     (1)(a) An employer is a participating employer and may not withdraw from participation in this system.
     (1)(b) A participating employer shall cover the participating employer’s:

          (1)(b)(i) public safety service employees in accordance with Section 49-15-202; and
          (1)(b)(ii) firefighter service employees in accordance with Section 49-16-202.
(2)

     (2)(a) An employer may, by resolution of the employer’s governing body, apply for admission to this system.
     (2)(b) Upon approval of the resolution by the board, the employer is a participating employer in this system and is subject to this title.
(3) If a participating employer purchases service credit on behalf of a public safety service employee or a firefighter service employee for service rendered prior to the participating employer’s admission to this system, the participating employer shall:

     (3)(a) purchase service credit in a nondiscriminatory manner on behalf of all current and former public safety service employees or firefighter service employees who were eligible for service credit at the time service was rendered; and
     (3)(b) comply with the provisions of Section 49-11-403.