49-23-201 - System membership -- Eligibility.
49-23-201. System membership -- Eligibility.
(1) Beginning July 1, 2011, a participating employer that employs public safety serviceemployees or firefighter service employees shall participate in this system.
(2) (a) A public safety service employee or a firefighter service employee enteringemployment with a participating employer on or after July 1, 2011, is eligible:
(i) as a member for service credit and defined contributions under the Tier II hybridretirement system established by Part 3, Tier II Hybrid Retirement System; or
(ii) as a participant for defined contributions under the Tier II defined contributions planestablished by Part 4, Tier II Defined Contribution Plan.
(b) A public safety service employee or a firefighter service employee enteringemployment with a participating employer on or after July 1, 2011, shall:
(i) make an election to participate in the system created under this chapter within 30 daysfrom the date of employment:
(A) as a member for service credit and defined contributions under the Tier II hybridretirement system established by Part 3, Tier II Hybrid Retirement System; or
(B) as a participant for defined contributions under the Tier II defined contribution planestablished by Part 4, Tier II Defined Contribution Plan; and
(ii) submit to the office notification of the member's election under Subsection (2)(b)(i)in a manner approved by the office.
(c) An election made by a public safety service employee or firefighter service employeeentering employment with a participating employer under this Subsection (2) is irrevocable.
(d) If no election is made under Subsection (2)(b)(i), the public safety service employeeor firefighter service employee shall become a member eligible for service credit and definedcontributions under the Tier II hybrid retirement system established by Part 3, Tier II HybridRetirement System.
Enacted by Chapter 266, 2010 General Session