From Deseret News archives:
Former constable argues for retirement benefits
The case of John Sindt against the Utah State Retirement Board and Salt Lake County was heard before the Utah Supreme Court on Thursday.
Attorney Lisa Petersen said from 1966 through 1999 Sindt served as either deputy constable or was elected as Salt Lake County constable. During that time, Sindt was under the impression that he was entitled to county retirement benefits, even though he was a contract service worker.
During oral arguments, Peterson acknowledged to the justices that Sindt never made any contributions to the state retirement fund but said he understood that Salt Lake County had been withholding part of his pay for retirement all these years.
Utah's law in 1965 included constables as positions qualifying for retirement benefits, however in 1967 the Utah Legislature removed constables from the statute but did not include constables as part of a list of positions that did not qualify for benefits.
Peterson argued it was the Legislature's continued intent to give retirement benefits to constables.
However, Donald Hansen, attorney for Salt Lake County, said all indications show that Sindt was an independent contractor and that he knew this. Hansen points to the fact that Sindt repeatedly filed his taxes with the IRS as a "non-employee."
Justices said they were troubled by the fact that Sindt did not directly receive pay for his work by Salt Lake County, but rather the county paid directly to Sindt's corporation that he ran. Because of this, some justices said this alone may make him ineligible for retirement.
The court is expected to issue a written ruling in the coming months.
Daniel Andersen, attorney for the Utah State Retirement Board, said even if the court rules in Sindt's favor, both Sindt and Salt Lake County would have to pay all retirement contributions since 1966, plus interest, in order to build a retirement account for him.
E-mail: gfattah@desnews.com
