49-12-202 - Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements.
49-12-202. Participation of employers -- Limitations -- Exclusions -- Admissionrequirements -- Exceptions -- Nondiscrimination requirements.
(1) (a) Unless excluded under Subsection (2), an employer is a participating employerand may not withdraw from participation in this system.
(b) In addition to their participation in this system, participating employers may provideor participate in public or private retirement, supplemental or defined contribution plan, eitherdirectly or indirectly, for their employees.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in thissystem prior to January 1, 1982 if:
(i) the employer elects not to provide or participate in any type of private or publicretirement, supplemental or defined contribution plan, either directly or indirectly, for itsemployees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and hascontinued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school sponsored by the State Board of Education or aschool district that makes an election of nonparticipation in accordance with Section 53A-1a-512unless the charter school makes a one-time, irrevocable retraction of the election ofnonparticipation in accordance with Subsection 53A-1a-512(9); or
(c) an employer that is a hospital created as a special service district under Title 17D,Chapter 1, Special Service District Act, that makes an election of nonparticipation in accordancewith Subsection (4).
(3) An employer who did not become a participating employer in this system prior toJuly 1, 1986, may not participate in this system.
(4) (a) Until June 30, 2009, a employer that is a hospital created as a special servicedistrict under Title 17D, Chapter 1, Special Service District Act, may make an election ofnonparticipation as an employer for retirement programs under this chapter.
(b) An election provided under Subsection (4)(a):
(i) is a one-time election made no later than the time specified under Subsection (4)(a);
(ii) shall be documented by a resolution adopted by the governing body of the specialservice district;
(iii) is irrevocable; and
(iv) applies to the special service district as the employer and to all employees of thespecial service district.
(c) The governing body of the special service district may offer employee benefit plansfor its employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act; or
(ii) under any other program.
(5) If a participating employer purchases service credit on behalf of regular full-timeemployees for service rendered prior to the participating employer's admission to this system, theservice credit shall be purchased in a nondiscriminatory manner on behalf of all current andformer regular full-time employees who were eligible for service credit at the time service wasrendered.
Amended by Chapter 51, 2009 General Session
Amended by Chapter 165, 2009 General Session