Ex-S.L. County constable may get retirement perks

Published: Monday, Feb. 12 2007 5:58 p.m. MST

The Utah Supreme Court has ruled a man who spent 33 years working as a Salt Lake County constable could be eligible for public service retirement benefits for some of his years, but not all.

John Sindt served as a constable from 1966 to 1999 as either a deputy constable or an elected constable. Sindt said during this time he was under the impression that he was entitled to county retirement benefits, even though he was considered a contract service worker.

In a ruling handed down earlier this month, the court found that a change in the law by the Utah Legislature eliminated constables from a list of positions eligible for retirement benefits, leaving Sindt only entitled to benefits for the years 1967 to 1974.

However, justices said what is key is whether Sindt was paid directly by the county or if the county paid a constable service company Sindt operated. "Because the record does not provide information as to whether the county paid Mr. Sindt individually or if it instead paid a business entity, we cannot determine whether Mr. Sindt is entitled to participation in the state retirement system," the opinion stated.

Justices have remanded the case back to the Utah State Retirement Board to make that determination. Already the board had determined Sindt was not eligible for benefits, which Sindt appealed to the supreme court.


E-mail: gfattah@desnews.com

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