§ 49-23-203 — Exemptions from participation in system.

(1) Upon filing a written request for exemption with the office, the following employees are exempt from participation in the system as provided in this section if the employee is a public safety service employee or firefighter service employee and is:

(1)(a) an executive department head of the state;
(1)(b) an elected or appointed sheriff of a county;
(1)(c) an elected or appointed chief of police of a municipality; or
(1)(d) the chief of any fire department or district.
(2) (2)(a) A participating employer shall prepare a list designating those positions eligible for exemption under Subsection (1).
(2)(b) An employee may not be exempted unless the employee is employed in a position designated by the participating employer under Subsection (1).
(3) Each participating employer shall:

(3)(a) file each employee exemption annually with the office; and
(3)(b) update an employee exemption in the event of any change.
(4) Beginning on the effective date of the exemption for an employee who elects to be exempt in accordance with Subsection (1):

(4)(a) for a member of the Tier II defined contribution plan:
(4)(a)(i) the participating employer shall contribute the nonelective contribution and the amortization rate described in Section 49-23-401, except that the contribution is exempt from the vesting requirements of Subsection 49-23-401(3)(a);
(4)(a)(ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
(4)(a)(iii) the member is not eligible for additional service credit in the plan for the period of exempt employment; and
(4)(b) for a member of the Tier II hybrid retirement system:
(4)(b)(i) the participating employer shall contribute the nonelective contribution and the amortization rate described in Section 49-23-401, except that the contribution is exempt from the vesting requirements of Subsection 49-23-401(3)(a);
(4)(b)(ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
(4)(b)(iii) the member is not eligible for additional service credit in the system for the period of exempt employment.
(5) If an employee who is a member of the Tier II hybrid retirement system subsequently revokes the election of exemption made under Subsection (1), the provisions described in Subsection (4)(b) shall no longer be applicable and the coverage for the employee shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
(6) (6)(a) All employer contributions made on behalf of an employee shall be invested in accordance with Subsection 49-23-302(3)(a) or 49-23-401(4)(a) until the one-year election period under Subsection 49-23-201(2)(c) is expired if the employee:
(6)(a)(i) elects to be exempt in accordance with Subsection (1); and
(6)(a)(ii) continues employment with the participating employer through the one-year election period under Subsection 49-23-201(2)(c).
(6)(b) An employee is entitled to receive a distribution of the employer contributions made on behalf of the employee and all associated investment gains and losses if the employee:
(6)(b)(i) elects to be exempt in accordance with Subsection (1); and
(6)(b)(ii) terminates employment prior to the one-year election period under Subsection 49-23-201(2)(c).
(7) (7)(a) The office shall make rules to implement this section.
(7)(b) The rules made under this Subsection (7) shall include provisions to allow the exemption provided under Subsection (1) to apply to all contributions made beginning on or after July 1, 2011, on behalf of an exempted employee who began the employment before May 8, 2012.
(8) An employee's exemption, participation, or election described in this section:

(8)(a) shall be made in accordance with this section; and
(8)(b) is subject to requirements under federal law and rules made by the board.

Legislative History

Amended by Chapter 171, 2022 General Session