Section 49-23-401 - Contributions - Rates(1)(a) Up to the amount allowed by federal law, the participating employer shall make a nonelective contribution of 14% of the participant's compensation to a defined contribution plan.(b) In addition to the nonelective contribution described in Subsection (1)(a), if a participating employer elects under Subsection 49-23-301(2)(c) to pay all or part of the required member contribution on behalf of the participating employer's employees that are members covered under Part 3, Tier II Hybrid Retirement System, the participating employer shall make an additional nonelective contribution to an employee that is a member covered under this part at the same percentage rate of the participant's compensation as the participating employer's election to pay required member contributions on behalf of the participating employer's employees that are members covered under Part 3, Tier II Hybrid Retirement System.(2)(a) The participating employer shall contribute the contributions described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the Internal Revenue Code that:(i) is sponsored by the board; and(ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.(b) The member may make voluntary deferrals to:(i) the qualified 401(k) plan that receives the employer contribution described in this Subsection (2); or(ii) at the member's option, another defined contribution plan established by the participating employer.(c) In addition to the contributions specified under Subsection (2)(a), the participating employer shall pay the corresponding Tier I system amortization rate of the employee's compensation to the office to be applied to the employer's corresponding Tier I system liability.(3)(a) Except as provided under Subsection (3)(c), the total amount contributed by the participating employer under Subsection (2)(a) vests to the member upon accruing four years of service credit under this title.(b) The total amount contributed by the member under Subsection (2)(b) vests to the member's benefit immediately and is nonforfeitable.(c)(i) Upon filing a written request for exemption with the office, an eligible employee is exempt from the vesting requirements of Subsection (3)(a) in accordance with Section 49-23-203.(ii) An employee who is exempt under this Subsection (3)(c) is not eligible for additional service credit in the plan for the period of exempt employment.(d)(i) Years of service credit under Subsection (3)(a) includes any fraction of a year to which the member may be entitled.(ii) At the time of vesting, if a member's years of service credit is within one-tenth of one year of the total years required for vesting, the member shall be considered to have the total years of service credit required for vesting.(4)(a) Contributions made by a participating employer under Subsection (2)(a) shall be invested in a default option selected by the board until the member is vested in accordance with Subsection (3)(a).(b) A member may direct the investment of contributions, including associated investment gains and losses, made by a participating employer under Subsection (2)(a) only after the contributions have vested in accordance with Subsection (3)(a).(c) A member may direct the investment of contributions made by the member under Subsection (3)(b).(5) No loans shall be available from contributions made by a participating employer under Subsection (2)(a).(6) No hardship distributions shall be available from contributions made by a participating employer under Subsection (2)(a).(7)(a) Except as provided in Subsection (7)(b), if a member terminates employment with a participating employer prior to the vesting period described in Subsection (3)(a), all contributions made by a participating employer on behalf of the member under Subsection (2)(a), including associated investment gains and losses are subject to forfeiture.(b) If a member who terminates employment with a participating employer prior to the vesting period described in Subsection (3)(a) subsequently enters employment with the same or another participating employer within 10 years of the termination date of the previous employment:(i) all contributions made by the previous participating employer on behalf of the member, including associated investment gains and losses, shall be reinstated upon the member's employment as a regular full-time employee; and(ii) the length of time that the member worked with the previous employer shall be included in determining whether the member has completed the vesting period under Subsection (3)(a).(c) The office shall establish a forfeiture account and shall specify the uses of the forfeiture account, which may include an offset against administrative costs of employer contributions made under this section.(8) The office may request from any other plan under Subsection (2)(b)(ii) any relevant information pertaining to the maintenance of the plan's tax qualification under the Internal Revenue Code.(9) The office may take any action that in the office's judgment is necessary to maintain the tax-qualified status of the office's 401(k) defined contribution plan under federal law.Amended by Chapter 171, 2022 General Session ,§ 18, eff. 7/1/2022.Amended by Chapter 437, 2020 General Session ,§ 3, eff. 7/1/2020.Amended by Chapter 484, 2019 General Session ,§ 5, eff. 7/1/2020.Amended by Chapter 227, 2016 General Session ,§ 20, eff. 5/10/2016.Amended by Chapter 315, 2015 General Session ,§ 11, eff. 5/12/2015.Amended by Chapter 316, 2013 General Session ,§ 19, eff. 5/14/2013.Amended by Chapter 298, 2012 General Session ,§ 17, eff. 5/8/2012.Amended by Chapter 439, 2011, 2011 General Session