Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 27 (2015GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that an employee of the Department of Corrections shall continue to earn public safety service credit in the Public Safety Retirement System if the employee's position is no longer covered for new employees and the employee:
• remains employed by the Department of Corrections;
• meets the eligibility requirements of the system;
• was hired into a covered position prior to July 1, 2015; and
• has not had a break in service on or after July 1, 2015; and
• makes technical changes.

Every vote on this bill

Bill text

DEPARTMENT OF CORRECTIONS RETIREMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
Jerry W. Stevenson
LONG TITLE
General Description:
This bill modifies the Public Safety Contributory Retirement Act and the Public Safety
Noncontributory Retirement Act by amending system membership provisions for
employees of the Department of Corrections.
Highlighted Provisions:
This bill:
▸ provides that an employee of the Department of Corrections shall continue to earn
public safety service credit in the Public Safety Retirement System if the employee's
position is no longer covered for new employees and the employee:
• remains employed by the Department of Corrections;
• meets the eligibility requirements of the system;
• was hired into a covered position prior to July 1, 2015; and
• has not had a break in service on or after July 1, 2015; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-14-201
, as last amended by Laws of Utah 2014, Chapter 15
49-15-201
, as last amended by Laws of Utah 2014, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-14-201
 is amended to read:
49-14-201.
System membership -- Eligibility.
(1) Except as provided in Section 
49-15-201
, a public safety service employee of a
participating employer participating in this system is eligible for service credit in this system at
the earliest of:
(a) July 1, 1969, if the public safety service employee was employed by the
participating employer on July 1, 1969, and the participating employer was participating in this
system on that date;
(b) the date the participating employer begins participating in this system if the public
safety service employee was employed by the participating employer on that date; or
(c) the date the public safety service employee is employed by the participating
employer and is eligible to perform public safety service, except that a public safety service
employee 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.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(4) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(5) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(6) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(7) A public safety employee who is transferred or promoted to an administration
position not covered by this system shall continue to earn public safety service credit in this
system as long as the employee remains employed in the same department.
(8) An employee of the Department of Corrections shall continue to earn public safety
service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees
hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system prior to July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
[
(8) Any
] 
(9) An
 employee who is reassigned to the Department of Technology
Services or to the Department of Human Resource Management, and who was a member of
this system, [
shall be
] 
is
 entitled to remain a member of this system.
[
(9)
] 
(10)
 (a) To determine that a position is covered under this system, the office and,
if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that
the position requires the employee to:
(i) place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-13-103
, 
53-13-104
, or 
53-13-105
.
(b) If a position satisfies the requirements of Subsection [
(9)
] 
(10)
(a), the office and the
Peace Officer Standards and Training Council shall consider whether or not the position
requires the employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
[
(10)
] 
(11)
 If a subcommittee is used to recommend the determination of disputes to
the Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection [
(9)
] 
(10)
 in making its recommendation.
[
(11)
] 
(12)
 A final order of the Peace Officer Standards and Training Council regarding
a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
[
(12)
] 
(13)
 Except as provided under Subsection [
(13)
] 
(14)
, if a participating
employer's public safety service employees are not covered by this system or under Chapter 15,
Public Safety Noncontributory Retirement Act, as of January 1, 1998, those public safety
service employees who may otherwise qualify for membership in this system shall, at the
discretion of the participating employer, remain in their current retirement system.
[
(13)
] 
(14)
 (a) A public safety service employee employed by an airport police
department, which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection [
(12)
] 
(13)
, may elect to remain in the
public safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection [
(13)
] 
(14)
(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
[
(14)
] 
(15)
 Notwithstanding any other provision of this section, 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.
Section 2. Section 
49-15-201
 is amended to read:
49-15-201.
System membership -- Eligibility.
(1) (a) A public safety service employee employed by the state after July 1, 1989, but
before July 1, 2011, is eligible for service credit in this system.
(b) A public safety service employee employed by the state prior to July 1, 1989, may
either elect to receive service credit in this system or continue to receive service credit under
the system established under Chapter 14, Public Safety Contributory Retirement Act, by
following the procedures established by the board under this chapter.
(2) (a) Public safety service employees of a participating employer other than the state
that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
System shall be eligible only for service credit in that system.
(b) (i) A participating employer other than the state that elected on or before July 1,
1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
service employee to elect to participate in either this system or the Public Safety Contributory
Retirement System.
(ii) Except as expressly allowed by this title, the election of the public safety service
employee is final and may not be changed.
(c) A public safety service employee hired by a participating employer other than the
state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
(d) A public safety service employee of a participating employer other than the state
who began participation in this system after July 1, 1989, but before July 1, 2011, is only
eligible for service credit in this system.
(e) 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.
(3) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(4) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(5) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(6) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(7) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(8) A public safety service employee who is transferred or promoted to an
administration position not covered by this system shall continue to earn public safety service
credit in this system as long as the employee remains employed in the same department.
(9) An employee of the Department of Corrections shall continue to earn public safety
service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees
hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system prior to July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
[
(9)
] 
(10)
 Any employee who is reassigned to the Department of Technology Services
or to the Department of Human Resource Management, and who was a member in this system,
shall be entitled to remain a member in this system.
[
(10)
] 
(11)
 (a) To determine that a position is covered under this system, the office and,
if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that
the position requires the employee to:
(i) place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-13-103
, 
53-13-104
, or 
53-13-105
.
(b) If a position satisfies the requirements of Subsection [
(10)
] 
(11)
(a), the office and
Peace Officer Standards and Training Council shall consider whether the position requires the
employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
[
(11)
] 
(12)
 If a subcommittee is used to recommend the determination of disputes to
the Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection [
(10)
] 
(11)
 in making its recommendation.
[
(12)
] 
(13)
 A final order of the Peace Officer Standards and Training Council regarding
a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
[
(13)
] 
(14)
 Except as provided under Subsection [
(14)
] 
(15)
, if a participating
employer's public safety service employees are not covered by this system or under Chapter 14,
Public Safety Contributory Retirement Act, as of January 1, 1998, those public safety service
employees who may otherwise qualify for membership in this system shall, at the discretion of
the participating employer, remain in their current retirement system.
[
(14)
] 
(15)
 (a) A public safety service employee employed by an airport police
department, which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection [
(13)
] 
(14)
, may elect to remain in the
public safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection [
(14)
] 
(15)
(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) 
shall be
 documented by written notice to the participating employer; and
(iii) is irrevocable.
[
(15)
] 
(16)
 Notwithstanding any other provision of this section, 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.