(1) (a) This part does not apply to employment as an elected official if the elected official's position is not full time as certified by the participating employer. (b) The provisions of this part apply to an elected official whose elected position is full time as certified by the participating employer. (2) (a) This part does not apply to employment as a part-time appointed board member who does not receive any remuneration, stipend, or other benefit for the part-time appointed board member's service. (b) For purposes of this Subsection (2), remuneration, stipend, or other benefit does not include receipt of per diem and travel expenses up to the amounts established by the Division of Finance in: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. (3) This part does not apply to a person who is reemployed as an active senior judge or an active senior justice court judge as described by Utah State Court Rules, appointed to hear cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution. (4) An exemption under this section from the provisions of this part is available only for a member who, at the time of retirement, is at least: (a) 50 years old, if the member is retiring from a public safety system or firefighter retirement system; or (b) 55 years old.
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