49-22-203 - Exclusions from membership in system.
49-22-203. Exclusions from membership in system.
The following employees are not eligible for service credit in this system:
(1) An employee whose employment status is temporary in nature due to the nature orthe type of work to be performed, provided that:
(a) if the term of employment exceeds six months and the employee otherwise qualifiesfor service credit in this system, the participating employer shall report and certify to the officethat the employee is a regular full-time employee effective the beginning of the seventh month ofemployment; and
(b) if an employee, previously terminated prior to becoming eligible for service credit inthis system, is reemployed within three months of termination by the same participatingemployer, the participating employer shall report and certify to the office that the member is aregular full-time employee when the total of the periods of employment equals six months andthe employee otherwise qualifies for service credit in this system.
(2) (a) A current or future employee of an institution of higher education who holds, or isentitled to hold, under Section 49-22-204, a retirement annuity contract with the Teachers'Insurance and Annuity Association of America or with any other public or private system,organization, or company during any period in which required contributions based oncompensation have been paid on behalf of the employee by the employer.
(b) The employee, upon cessation of the participating employer contributions, shallimmediately become eligible for service credit in this system.
(3) An employee serving as an exchange employee from outside the state.
(4) An employee of the Department of Workforce Services who is covered under anotherretirement system allowed under Title 35A, Chapter 4, Employment Security Act.
Enacted by Chapter 266, 2010 General Session