2006 Utah Code - 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 the type of work to be performed, provided that:
     (i) if the term of employment exceeds six months and the employee otherwise qualifies for service credit in this system, the participating employer shall report and certify to the office that the employee is a regular full-time employee effective the beginning of the seventh month of employment; and
     (ii) if an employee, previously terminated prior to becoming eligible for service credit in this system, is reemployed within three months of termination by the same participating employer, the participating employer shall report and certify to the office that the member is a regular full-time employee when the total of the periods of employment equals six months and the 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 who holds, or is entitled to hold, under Section 49-13-204, a retirement annuity contract with the Teachers' Insurance and Annuity Association of America or with any other public or private system, organization, or company during any period in which required contributions based on compensation have been paid on behalf of the employee by the employer.
     (ii) The employee, upon cessation of the participating employer contributions, shall immediately 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 executive employed by the governor's office, a member of the State Tax Commission, a member of the Public Service Commission, and a member of a full-time or part-time board or commission who files a formal request for exemption.
     (e) An employee of the Department of Workforce Services who is covered under another retirement system allowed under Title 35A, Chapter 4, Employment Security Act.
     (2) Upon filing a written request for exemption with the office, the following employees shall be exempt from coverage under this system:
     (a) a full-time student or the spouse of a full-time student and individuals employed in a trainee relationship;
     (b) an elected official;
     (c) an executive department head of the state or a legislative director, senior executive employed by the governor's office, a member of the State Tax Commission, a member of the Public Service Commission, and a member of a full-time or part-time board or commission;
     (d) an at-will employee who:
     (i) is a person appointed by the speaker of the House of Representatives, the House of Representatives minority leader, the president of the Senate, or the Senate minority leader; or
     (ii) is an employee of the Governor's Office of Economic Development who has been hired directly from a position not covered by a system; and
     (e) a person appointed as a city manager or chief city administrator or another person employed by a municipality, county, or other political subdivision, who is not entitled to merit or civil service protection.
     (3) (a) Each participating employer shall prepare a list designating those positions eligible for exemption under Subsection (2).

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     (b) An employee may not be exempted unless they are employed in a position designated by the participating employer.
     (4) (a) In accordance with this section, a municipality, county, or political subdivision may not exempt more than 50 positions or a number equal to 10% of the employees of the municipality, county, or political subdivision, whichever is lesser.
     (b) A municipality, county, or political subdivision may exempt at least one regular full-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 143, 2006 General Session