49-15-203. Exemption of certain employees from coverage.
(1) A public safety service employee is excluded from coverage under this system if the employee: is serving: as the Commissioner of Public Safety; as the executive director of the Department of Corrections; or as the elected or appointed sheriff or chief of police of a public safety organization; and files a formal written request seeking the exemption.
(2) Except as provided in Subsection, the public safety service employee may not continue employment with the same participating employer and receive an allowance from the office based on public safety service at the same time. (3)
(3) The Commissioner of Public Safety, an elected sheriff, or an appointed chief of police who is eligible to retire under Sectionmay until July 1, 2010: 49-15-401 retire from this system and receive an allowance; continue in the elected or appointed position; and file for the exemption under Subsection. (1) A person who makes an election under Subsectionmay continue under the terms of the election. (3)(a)
(4) An employee's exclusion, exemption, participation, or election described in this section: shall be made in accordance with this section; and is subject to requirements under federal law and rules made by the board.