O'Keefe v. Utah State Retirement Board

ZIMMERMAN, Justice:

We granted certiorari to review a court of appeals decision upholding a decision of the Utah State Retirement Board (“the Board”) in which the Board refused to accept retirement contributions from Joseph O’Keefe’s employer, Ogden City, for hours O’Keefe worked in excess of forty per week. See O’Keefe v. Utah State Retirement Bd., 929 P.2d 1112 (Ct.App.1996), cert. granted, 939 P.2d 683 (Utah 1997). The court of appeals held that under section 49-4-103(1)(e)(i) of the Public Safety Retirement Act (“PSRA” or “Act”), see Utah Code Ann. §§ 49-4-101 to -704, work in excess of…