O'Keefe v. Utah State Retirement Board

OPINION

Before BENCH, GREENWOOD and WILKINS, JJ. GREENWOOD, Judge:

Joseph W. O’Keefe, Jr. (petitioner) seeks review of the State Retirement Board’s (the Board) adoption of the decision of an Administrative Hearing Officer (AHO), refusing to accept retirement system contributions from petitioner’s employer, Ogden City, for hours petitioner worked in excess of forty hours per week. We affirm.

BACKGROUND1

Petitioner is a peace officer employed by Ogden City throughout the entire period of this controversy. On July 1, 1985, Ogden City initiated a program whereby its peace officers, under certain…