49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements.
(1) Unless excluded under Subsection, an employer is a participating employer and may not withdraw from participation in this system. (2) In addition to participation in this system, a participating employer may provide or participate in public or private retirement, supplemental or defined contribution plan, either directly or indirectly, for the participating employer's employees.
(2) The following employers may be excluded from participation in this system: an employer not initially admitted or included as a participating employer in this system prior to January 1, 1982, if: 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 the employer's employees, except for Social Security; or the employer offers another collectively bargained retirement benefit and has continued to do so on an uninterrupted basis since that date; an employer that is a charter school authorized under, and does not elect to participate in accordance with Section; Title 53G, Chapter 5, Part 3, Charter School Authorization 53G-5-407 an employer that is a hospital created as a special service district under, that makes an election of nonparticipation in accordance with Subsection; or Title 17D, Chapter 1, Special Service District Act (4) an employer that is licensed as a nursing care facility under, and created as a special service district under, in a rural area of the state that makes an election of nonparticipation in accordance with Subsection. Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection Title 17D, Chapter 1, Special Service District Act (4)
(3) An employer who did not become a participating employer in this system prior to July 1, 1986, may not participate in this system.
(4) Until June 30, 2009, a employer that is a hospital created as a special service district under, may make an election of nonparticipation as an employer for retirement programs under this chapter. Title 17D, Chapter 1, Special Service District Act Until June 30, 2014, an employer that is licensed as a nursing care facility under, and created as a special service district under, in a rural area of the state may make an election of nonparticipation as an employer for retirement programs under this chapter. Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection Title 17D, Chapter 1, Special Service District Act An election provided under Subsection: (4)(a) is a one-time election made no later than the time specified under Subsection; (4)(a) shall be documented by a resolution adopted by the governing body of the special service district; is irrevocable; and applies to the special service district as the employer and to all employees of the special service district. The governing body of the special service district may offer employee benefit plans for special service district's employees: under; or Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act under any other program.
(5) If a participating employer purchases service credit on behalf of a regular full-time employee for service rendered prior to the participating employer's admission to this system, the participating employer shall: purchase service credit 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; and comply with the provisions of Section, except for the requirement described in Subsection. 49-11-403 49-11-403(2)(a) For a purchase made under this Subsection, an employee is not required to: (5) have at least four years of service credit before the purchase can be made; or forfeit service credit or any defined contribution balance based on the employer contributions under any other retirement system or plan based on the period of employment for which service credit is being purchased.