2006 Utah Code - 49-12-202 — Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements.

     49-12-202.   Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements.
     (1) (a) Unless excluded under Subsection (2) or (3), an employer is a participating employer and may not withdraw from participation in this system.
     (b) In addition to their participation in this system, participating employers may provide or participate in public or private retirement, supplemental or defined contribution plan, either directly or indirectly, for their employees.
     (2) An employer not initially admitted or included as a participating employer in this system prior to January 1, 1982, may be excluded from participation in this system if:
     (a) the employer elects not to provide or participate in any type of private or public retirement, supplemental or defined contribution plan, either directly or indirectly, for its employees, except for Social Security; or
     (b) the employer offers another collectively bargained retirement benefit and has continued to do so on an uninterrupted basis since that date.
     (3) An employer that is a charter school sponsored by the State Board of Education or a school district that makes an election of nonparticipation in accordance with Section 53A-1a-512 may be excluded as a participating employer.
     (4) An employer who did not become a participating employer in this system prior to July 1, 1986, may not participate in this system.
     (5) If a participating employer purchases service credit on behalf of regular full-time employees for service rendered prior to the participating employer's admission to this system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all current and former regular full-time employees who were eligible for service credit at the time service was rendered.

Amended by Chapter 71, 2005 General Session