Utah § 49-22-204 Higher education employees' eligibility requirements -- Election between different retirement plans -- Classification requirements -- Transfer between systems.

Utah Statutes

§ 49-22-204 — Higher education employees' eligibility requirements -- Election between different retirement plans -- Classification requirements -- Transfer between systems.

Utah § 49-22-204

Title 49Utah State Retirement and Insurance Benefit Act

Ch. 49-22New Public Employees' Tier II Contributory Retirement Act

Part 49-22-2Membership Eligibility

This text of Utah § 49-22-204 (Higher education employees' eligibility requirements -- Election between different retirement plans -- Classification requirements -- Transfer between systems.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 49-22-204 (2026).

Text

(1)(1)(a) A regular full-time employee of an institution of higher education who is eligible to participate in either this system or in a retirement annuity contract with a public or private system, organization, or company, designated as described in Subsection (1)(c), shall, not later than January 1, 1979, elect to participate exclusively in this system or in an annuity contract allowed under this Subsection (1).

(1)(b) The election is final, and no right exists to make any further election.

(1)(c) The Utah Board of Higher Education shall designate the public or private retirement systems, organizations, or companies that a regular full-time employee of an institution of higher education is eligible to participate in under Subsection (1)(a).

(2)(2)(a) A regular full-time employee hired

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(1) (1)(a) A regular full-time employee of an institution of higher education who is eligible to participate in either this system or in a retirement annuity contract with a public or private system, organization, or company, designated as described in Subsection (1)(c), shall, not later than January 1, 1979, elect to participate exclusively in this system or in an annuity contract allowed under this Subsection (1).
(1)(b) The election is final, and no right exists to make any further election.
(1)(c) The Utah Board of Higher Education shall designate the public or private retirement systems, organizations, or companies that a regular full-time employee of an institution of higher education is eligible to participate in under Subsection (1)(a).
(2) (2)(a) A regular full-time employee hired by an institution of higher education after January 1, 1979, may participate only in the retirement plan designated for the person's employment classification.
(2)(b) Each institution of higher education shall prepare or amend existing employment classifications, under the direction of the Utah Board of Higher Education, so that each classification is assigned with either:
(2)(b)(i) this system; or
(2)(b)(ii) a public or private system, organization, or company designated bythe Utah Board of Higher Education.
(2)(c) Notwithstanding a person's employment classification assignment under Subsection (2)(b), a regular full-time employee who begins employment with an institution of higher education has a one-time irrevocable election to continue participation in this system if the employee:
(2)(c)(i) has service credit in this system before the date of employment with the institution of higher education; and
(2)(c)(ii) makes the election before participating in the system described in Subsection (2)(b)(ii).
(3) A regular full-time employee hired by an institution of higher education on or after July 1, 2011, whose employment classification requires participation in this system may elect to continue participation in this system upon change to an employment classification that requires participation in a public or private system, organization, or company designated by:
(3)(a) except as provided in Subsection (3)(b), the Utah Board of Higher Education; or
(3)(b) the technical college board of trustees of each technical college for regular full-time employees of each technical college.
(4) A regular full-time employee hired by an institution of higher education on or after July 1, 2011, whose employment classification requires participation in this system shall participate in this system.
(5) An employee's participation or election described in this section:
(5)(a) shall be made in accordance with this section; and
(5)(b) is subject to requirements under federal law and rules made by the board.