Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 217 (2020GS)

Sponsor

Sen. Hemmert, D.

Final action

Governor Signed 4/1/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that reemployment as a part-time appointed or elected board member is not subject to postretirement reemployment restrictions under certain circumstances;
• provides that a member is not required to cease service as a part-time appointed or elected board member of a participating employer under certain circumstances to be eligible to retire; and
• imposes minimum age requirements on certain retirees.

Every vote on this bill

Bill text

STATE RETIREMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel Hemmert
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill modifies provisions of the Utah State Retirement and Insurance Benefit Act.
Highlighted Provisions:
This bill:
▸ provides that reemployment as a part-time appointed or elected board member is not
subject to postretirement reemployment restrictions under certain circumstances;
▸ provides that a member is not required to cease service as a part-time appointed or
elected board member of a participating employer under certain circumstances to be
eligible to retire; and
▸ imposes minimum age requirements on certain retirees.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date of July 1, 2020.
Utah Code Sections Affected:
AMENDS:
49-11-1202
, as enacted by Laws of Utah 2016, Chapter 310 and last amended by
Coordination Clause, Laws of Utah 2016, Chapter 310
49-11-1203
, as enacted by Laws of Utah 2016, Chapter 310
49-11-1205
, as last amended by Laws of Utah 2018, Chapter 328
49-12-401
, as last amended by Laws of Utah 2016, Chapter 310
49-13-401
, as last amended by Laws of Utah 2016, Chapter 310
49-14-401
, as last amended by Laws of Utah 2016, Chapter 310
49-15-401
, as last amended by Laws of Utah 2016, Chapter 310
49-16-401
, as last amended by Laws of Utah 2016, Chapter 310
49-22-304
, as last amended by Laws of Utah 2016, Chapter 310
49-23-303
, as last amended by Laws of Utah 2016, Chapter 310
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-11-1202
 is amended to read:
49-11-1202.
Definitions.
As used in this part:
(1) (a) "Affiliated emergency services worker" means a person who:
(i) is employed by a participating employer;
(ii) performs emergency services for another participating employer that is a different
agency;
(iii) is trained in techniques and skills required for the emergency service;
(iv) continues to receive regular training required for the service;
(v) is on the rolls as a trained affiliated emergency services worker of the participating
employer; and
(vi) provides ongoing service for a participating employer, which service may include
service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker,
emergency medical technician, ambulance worker, park ranger, or public utilities worker.
(b) "Affiliated emergency services worker" does not include a person who performs
work or service but does not meet the requirements of Subsection (1)(a).
(2) "Amortization rate" means the amortization rate, as defined in Section 
49-11-102
,
to be applied to the system that would have covered the retiree if the retiree's reemployed
position were deemed to be an eligible, full-time position within that system.
(3) "Part-time appointed or elected board member" means an individual who:
(a) serves in a position:
(i) as a member of a board, commission, council, committee, panel, or other body of a
participating employer; and
(ii) that is designated in the participating employer's governing statute, charter, creation
document, or similar document;
(b) is appointed or elected to the position for a definite and fixed term of office by
official and duly recorded action of the participating employer;
(c) except for the service in the position, does not perform other work or service for
compensation for the participating employer, whether as an employee or under a contract; and
(d) retires from a participating employer that is different than the participating
employer with the position in which the person serves.
[
(3)
] 
(4)
 (a) "Reemployed," "reemploy," or "reemployment" means work or service
performed for a participating employer after retirement, in exchange for compensation.
(b) Reemployment includes work or service performed on a contract for a participating
employer if the retiree is:
(i) listed as the contractor; or
(ii) an owner, partner, or principal of the contractor.
[
(4)
] 
(5)
 "Retiree":
(a) means a person who:
(i) retired from a participating employer; and
(ii) begins reemployment on or after July 1, 2010, with a participating employer; and
(b) does not include a person:
(i) (A) who was reemployed by a participating employer before July 1, 2010; and
(B) whose participating employer that reemployed the person under Subsection
(4)(b)(i)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
Section 
49-11-621
 on or after July 1, 2010; or
(ii) who is working under a phased retirement agreement in accordance with Title 49,
Chapter 11, Part 13, Phased Retirement.
Section 2. Section 
49-11-1203
 is amended to read:
49-11-1203.
Applicability.
(1) (a) This part does not apply to employment as an elected official if the elected
official's position is not full time as certified by the participating employer.
(b) The provisions of this part apply to an elected official whose elected position is full
time as certified by the participating employer.
(2) (a) This part does not apply to employment as a part-time appointed board member
who does not receive any remuneration, stipend, or other benefit for the part-time appointed
board member's service.
(b) For purposes of this Subsection (2), remuneration, stipend, or other benefit does not
include receipt of per diem and travel expenses up to the amounts established by the Division
of Finance in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(3) This part does not apply to a person who is reemployed as an active senior judge or
an active senior justice court judge as described by Utah State Court Rules, appointed to hear
cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution.
(4) An exemption under this section from the provisions of this part is available only
for a member who, at the time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
retirement system; or
(b) 55 years old.
Section 3. Section 
49-11-1205
 is amended to read:
49-11-1205.
Postretirement reemployment restriction exceptions.
(1) (a) The office may not cancel the retirement allowance of a retiree who is
reemployed with a participating employer within one year of the retiree's retirement date if:
(i) the retiree is not reemployed by a participating employer for a period of at least 60
days from the retiree's retirement date;
(ii) upon reemployment after the break in service under Subsection (1)(a)(i), the retiree
does not receive any employer paid benefits, including:
(A) retirement service credit or retirement-related contributions;
(B) medical benefits;
(C) dental benefits;
(D) other insurance benefits except for workers' compensation as provided under Title
34A, Chapter 2, Workers' Compensation Act, Title 34A, Chapter 3, Utah Occupational Disease
Act, and withholdings required by federal or state law for social security, Medicare, and
unemployment insurance; or
(E) paid time off, including sick, annual, or other type of leave; and
(iii) (A) the retiree does not earn in any calendar year of reemployment an amount in
excess of the lesser of $15,000 or one-half of the retiree's final average salary upon which the
retiree's retirement allowance is based; or
(B) the retiree is reemployed as a judge as defined under Section 
78A-11-102
.
(b) Beginning January 1, 2013, the board shall adjust the amounts under Subsection
(1)(a)(iii) by the annual change in the Consumer Price Index during the previous calendar year
as measured by a United States Bureau of Labor Statistics Consumer Price Index average as
determined by the board.
(2) A retiree shall be considered as having completed the one-year separation from
employment with a participating employer required under Section 
49-11-1204
, if the retiree:
(a) before retiring:
(i) was employed with a participating employer as a public safety service employee as
defined in Section 
49-14-102
, 
49-15-102
, or 
49-23-102
;
(ii) and during the employment under Subsection (2)(a)(i), suffered a physical injury
resulting from external force or violence while performing the duties of the employment, and
for which injury the retiree would have been approved for total disability in accordance with
the provisions under Chapter 21, Public Employees' Long-Term Disability Act, if years of
service are not considered;
(iii) had less than 30 years of service credit but had sufficient service credit to retire,
with an unreduced allowance making the public safety service employee ineligible for
long-term disability payments under Chapter 21, Public Employees' Long-Term Disability Act,
or a substantially similar long-term disability program; and
(iv) does not receive any long-term disability benefits from any participating employer;
and
(b) is reemployed by a different participating employer.
(3) (a) The office may not cancel the retirement allowance of a retiree who is employed
as an affiliated emergency services worker within one year of the retiree's retirement date if the
affiliated emergency services worker does not receive any compensation, except for:
(i) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money or
cash equivalent payment not tied to productivity and paid periodically for services;
(ii) a length-of-service award;
(iii) insurance policy premiums paid by the participating employer in the event of death
of an affiliated emergency services worker or a line-of-duty accidental death or disability; or
(iv) reimbursement of expenses incurred in the performance of duties.
(b) For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax
credits, vouchers, and payments to an affiliated emergency services worker may not exceed
$500 per month.
(c) Beginning January 1, 2016, the board shall adjust the amount under Subsection
(3)(b) by the annual change in the Consumer Price Index during the previous calendar year as
measured by a United States Bureau of Labor Statistics Consumer Price Index average as
determined by the board.
(4) (a) The office may not cancel the retirement allowance of a retiree employed as a
part-time appointed or elected board member within one year after the retiree's retirement date
if the part-time appointed or elected board member does not receive any compensation
exceeding the amount described in this Subsection (4).
(b) A retiree who is a part-time appointed or elected board member for one or more
boards, commissions, councils, committees, panels, or other bodies of participating employers:
(i) may receive an aggregate amount of compensation, remuneration, a stipend, or other
benefit for service on a single or multiple boards, commissions, councils, committees, panels,
or other bodies of no more than $5,000 per year; and
(ii) may not receive an employer paid retirement service credit or retirement-related
contribution.
(c) For purposes of Subsection (4)(b)(i):
(i) a part-time appointed or elected board member's compensation includes:
(A) an amount paid for the part-time appointed or elected board member's coverage in
a group insurance plan provided by the participating employer; and
(B) the part-time appointed or elected board member's receipt of any other benefit
provided by the participating employer; and
(ii) the part-time appointed or elected board member's compensation does not include:
(A) an amount the participating employer pays for employer-matching employment
taxes, if the participating employer treats the part-time appointed or elected board member as
an employee for federal tax purposes; or
(B) an amount that the part-time appointed or elected board member receives for per
diem and travel expenses for up to 12 approved meetings or activities of the government board
per year, if the per diem and travel expenses do not exceed the amounts established by the
Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
 or by rules made by the
Division of Finance according to Sections 
63A-3-106
 and 
63A-3-107
.
(d) Beginning January 1, 2021, the board shall adjust the amount under Subsection
(4)(b)(i) by the annual change in the Consumer Price Index during the previous calendar year
as measured by a United States Bureau of Labor Statistics Consumer Price Index average, as
determined by the board.
[
(4)
] 
(5)
 (a) If a retiree is reemployed under the provisions of Subsection (1) 
or (4)
, the
termination date of the reemployment, as confirmed in writing by the participating employer, is
considered the retiree's retirement date for the purpose of calculating the separation
requirement under Section 
49-11-1204
.
(b) The office shall cancel the retirement allowance of a retiree for the remainder of the
calendar year if the reemployment with a participating employer exceeds the limitation under
Subsection (1)(a)(iii) [
or
]
,
 (3)(b)
, or (4)(b)
.
Section 4. Section 
49-12-401
 is amended to read:
49-12-401.
Eligibility for an allowance -- Date of retirement -- Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least four years of service credit and has attained an age
of 65 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age
of 60 years; or
(iv) the member has accrued at least 30 years of service credit.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 5. Section 
49-13-401
 is amended to read:
49-13-401.
Eligibility for an allowance -- Date of retirement -- Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least four years of service credit and has attained an age
of 65 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age
of 60 years;
(iv) the member has accrued at least 30 years of service credit; or
(v) the member has accrued at least 25 years of service credit, in which case the
member shall be subject to the reduction under Subsection 
49-13-402
(2)(b).
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 6. Section 
49-14-401
 is amended to read:
49-14-401.
Eligibility for service retirement -- Date of retirement --
Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least 20 years of service credit;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 60 years; or
(iii) the member has accrued at least four years of service credit and has attained an age
of 65 years.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 7. Section 
49-15-401
 is amended to read:
49-15-401.
Eligibility for service retirement -- Date of retirement --
Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least 20 years of service credit;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 60 years; or
(iii) the member has accrued at least four years of service and has attained an age of 65
years.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 8. Section 
49-16-401
 is amended to read:
49-16-401.
Eligibility for service retirement -- Date of retirement --
Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least 20 years of service credit;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 60 years; or
(iii) the member has accrued at least four years of service credit and has attained an age
of 65 years.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the firefighter service
employee;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 9. Section 
49-22-304
 is amended to read:
49-22-304.
Defined benefit eligibility for an allowance -- Date of retirement --
Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least four years of service credit and has attained an age
of 65 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age
of 60 years; or
(iv) the member has accrued at least 35 years of service credit.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 10. Section 
49-23-303
 is amended to read:
49-23-303.
Defined benefit eligibility for an allowance -- Date of retirement --
Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every
participating employer that employs the member before the member's retirement date and
provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the
member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least four years of service credit and has attained an age
of 65 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age
of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age
of 60 years; or
(iv) the member has accrued at least 25 years of service credit.
(2) (a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by
the office.
(b) Except as provided under Subsection (3), a member may not be employed by a
participating employer in the system established by this chapter on the retirement date selected
under Subsection (2)(a)(i).
(3) (a) A member who is employed by a participating employer and who is also an
elected official is not required to cease service as an elected official to be qualified to receive
an allowance under Subsection (1), unless the member is retiring from service as an elected
official.
(b) A member who is employed by a participating employer and who is also a part-time
appointed board member
, as described in Subsection 
49-11-1203
(2),
 is not required to cease
service as a part-time appointed board member to be qualified to receive an allowance under
Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated
emergency services worker as defined in Section 
49-11-1202
 for a different agency, is not
required to cease service as an affiliated emergency services worker to be qualified to receive
an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time
appointed or elected board member, as defined in Section 
49-11-1202
, for a different agency is
not required to cease service as a part-time appointed or elected board member to be qualified
to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to
receive an allowance as provided in Subsection (3) is available only for a member who, at the
time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter
system; or
(b) 55 years old.
Section 11. 
Effective date.
This bill takes effect on July 1, 2020.