49-13-203 - Exclusions from membership in system.
49-13-203. Exclusions from membership in system.
(1) The following employees are not eligible for service credit in this system:
(a) An employee whose employment status is temporary in nature due to the nature or thetype of work to be performed, provided that:
(i) if the term of employment exceeds six months and the employee otherwise qualifiesfor service credit in this system, the participating employer shall report and certify to the officethat the employee is a regular full-time employee effective the beginning of the seventh month ofemployment; and
(ii) if an employee, previously terminated prior to becoming eligible for service credit inthis system, is reemployed within three months of termination by the same participatingemployer, the participating employer shall report and certify to the office that the member is aregular full-time employee when the total of the periods of employment equals six months andthe employee otherwise qualifies for service credit in this system.
(b) (i) A current or future employee of a two-year or four-year college or university whoholds, or is entitled to hold, under Section 49-13-204, a retirement annuity contract with theTeachers' Insurance and Annuity Association of America or with any other public or privatesystem, organization, or company during any period in which required contributions based oncompensation have been paid on behalf of the employee by the employer.
(ii) The employee, upon cessation of the participating employer contributions, shallimmediately become eligible for service credit in this system.
(c) An employee serving as an exchange employee from outside the state.
(d) An executive department head of the state or a legislative director, senior executiveemployed by the governor's office, a member of the State Tax Commission, a member of thePublic Service Commission, and a member of a full-time or part-time board or commission whofiles a formal request for exemption.
(e) An employee of the Department of Workforce Services who is covered under anotherretirement system allowed under Title 35A, Chapter 4, Employment Security Act.
(f) (i) An employee who is employed with an employer that has elected to be excludedfrom participation in this system under Subsection 49-13-202(5), effective on or after the date ofthe employer's election under Subsection 49-13-202(5).
(ii) Notwithstanding the provisions of this Subsection (1)(f), any eligibility for servicecredit earned by an employee under this chapter before the date of the election under Subsection49-13-202(5) is not affected under this Subsection (1)(f).
(2) Upon filing a written request for exemption with the office, the following employeesshall be exempt from coverage under this system:
(a) a full-time student or the spouse of a full-time student and individuals employed in atrainee relationship;
(b) an elected official;
(c) an executive department head of the state, a member of the State Tax Commission, amember of the Public Service Commission, and a member of a full-time or part-time board orcommission;
(d) an employee of the Governor's Office of Planning and Budget;
(e) an employee of the Governor's Office of Economic Development;
(f) an employee of the Commission on Criminal and Juvenile Justice;
(g) an employee of the Governor's Office;
(h) an employee of the State Auditor's Office;
(i) an employee of the State Treasurer's Office;
(j) any other member who is permitted to make an election under Section 49-11-406;
(k) a person appointed as a city manager or chief city administrator or another personemployed by a municipality, county, or other political subdivision, who is an at-will employee;
(l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided throughmembership in a labor organization that provides retirement benefits to its members; and
(m) an employee of the Utah Science Technology and Research Initiative created underTitle 63M, Chapter 2, Utah Technology Research and Governing Authority Act.
(3) (a) Each participating employer shall prepare a list designating those positionseligible for exemption under Subsection (2).
(b) An employee may not be exempted unless the employee is employed in a positiondesignated by the participating employer.
(4) (a) In accordance with this section, a municipality, county, or political subdivisionmay not exempt more than 50 positions or a number equal to 10% of the employees of themunicipality, county, or political subdivision, whichever is lesser.
(b) A municipality, county, or political subdivision may exempt at least one regularfull-time employee.
(5) Each participating employer shall:
(a) file employee exemptions annually with the office; and
(b) update the employee exemptions in the event of any change.
(6) The office may make rules to implement this section.
Amended by Chapter 280, 2010 General Session