Rulemaking. (1) As used in this section, "withdrawing entity" means an entity that: (a) participates in a system or plan under this title prior to July 1, 2014; (b) provides mental health and substance abuse services for a county under Section 17-77-103; (c) after beginning participation with a system or plan under this title, has modified its federal tax status to a nonprofit organization that qualifies under Section 501(c) of the Internal Revenue Code; and (d) is not an institution of higher education as described in Section 53H-1-102. (2) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of its employees with that system or plan as follows: (a) the withdrawing entity shall determine a date that is no later than January 1, 2017, on which the withdrawing entity shall make an election under Subsection (3); and (b) subject to the provisions of Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section, including an actuarially determined short-fall liability contribution and a contingency payment to provide financial protection to the remaining participating employers. (3) The withdrawing entity described under Subsection (2) may elect to: (a) (i) continue its participation for all current employees of the withdrawing entity, who are covered by a system or plan as of the date set under Subsection (2)(a); and (ii) withdraw from participation in all systems or plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); or (b) withdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a). (4) (a) An election provided under Subsection (3): (i) is a one-time election made no later than the date specified under Subsection (2)(a); (ii) shall be documented by a resolution adopted by the governing body of the withdrawing entity; (iii) is irrevocable; and (iv) applies to the withdrawing entity as the employer and to all employees of the withdrawing entity. (b) Notwithstanding an election made under Subsection (3), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (2)(a) is not affected by this section. (5) If a withdrawing entity elects to continue participation under Subsection (3), the withdrawing entity shall continue to be subject to the laws and the rules governing the system or plan in which an employee participates, including the accrual of service credit and payment of contributions. (6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on: (a) the costs described under Subsection (2)(b); and (b) arrangements for the payment of the costs described under Subsection (2)(b). (7) The board shall make rules to implement this section.
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