Ark. Code Ann. § 24-6-209 — AR Code / Title 24 / Chapter 6 / Subchapter 2 / Section 24-6-209
Employer's contribution
Status: in_force

(a) The Division of Arkansas State Police, as employer, shall make contributions to the State Police Retirement System of twenty-six percent (26%) of active member payroll. (b) (1) At the request of the Executive Secretary of the State Police Retirement System, the Secretary of the Department of Finance and Administration shall make annual transfers on each June 30 to the system from the remainder of insurance premium taxes enumerated in § 19-6-301(27) before those taxes are transferred to general revenues enumerated in § 19-6-201(19) the amounts of money necessary to amortize the unfunded liabilities over a period not to exceed thirty (30) years. (2) These transfers are intended to cover the unfunded accrued actuarial liabilities of the system and shall not be used for the purpose of providing any benefit enhancements for the system. (3) Members of the system shall not be entitled to any benefit enhancements from these transfers unless funds from sources other than insurance premium taxes are found to provide for the retirement benefit enhancements. (4) The amount of the transfer shall be determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section and the driver's license reinstatement fees provided by § 27-16-808 . (5) These transfers shall be limited in use solely for the purpose of paying the unfunded accrued actuarial liabilities. (6) If the transfers under this section exceed eight hundred thousand dollars ($800,000) per fiscal year, the executive secretary shall notify the Joint Interim Committee on Public Retirement and Social Security Programs, which shall then review the use of the funds and the benefit provisions of the system and the actuarial reports on the system to ensure compliance with the intended purpose of the funds. Amended by Act 2021, No. 415,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3556, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3555, eff. 7/1/2019. Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, § 2; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 1997, No. 1071, § 3; 2001, No. 151, § 56; 2005, No. 1023, § 1; 2007, No. 404, § 2; 2009, No. 654, § 1.

(a) The Division of Arkansas State Police, as employer, shall make contributions to the State Police Retirement System of twenty-six percent (26%) of active member payroll.

(b) (1) At the request of the Executive Secretary of the State Police Retirement System, the Secretary of the Department of Finance and Administration shall make annual transfers on each June 30 to the system from the remainder of insurance premium taxes enumerated in § 19-6-301(27) before those taxes are transferred to general revenues enumerated in § 19-6-201(19) the amounts of money necessary to amortize the unfunded liabilities over a period not to exceed thirty (30) years. (2) These transfers are intended to cover the unfunded accrued actuarial liabilities of the system and shall not be used for the purpose of providing any benefit enhancements for the system. (3) Members of the system shall not be entitled to any benefit enhancements from these transfers unless funds from sources other than insurance premium taxes are found to provide for the retirement benefit enhancements. (4) The amount of the transfer shall be determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section and the driver's license reinstatement fees provided by § 27-16-808 . (5) These transfers shall be limited in use solely for the purpose of paying the unfunded accrued actuarial liabilities. (6) If the transfers under this section exceed eight hundred thousand dollars ($800,000) per fiscal year, the executive secretary shall notify the Joint Interim Committee on Public Retirement and Social Security Programs, which shall then review the use of the funds and the benefit provisions of the system and the actuarial reports on the system to ensure compliance with the intended purpose of the funds.

(1) At the request of the Executive Secretary of the State Police Retirement System, the Secretary of the Department of Finance and Administration shall make annual transfers on each June 30 to the system from the remainder of insurance premium taxes enumerated in § 19-6-301(27) before those taxes are transferred to general revenues enumerated in § 19-6-201(19) the amounts of money necessary to amortize the unfunded liabilities over a period not to exceed thirty (30) years.

(2) These transfers are intended to cover the unfunded accrued actuarial liabilities of the system and shall not be used for the purpose of providing any benefit enhancements for the system.

(3) Members of the system shall not be entitled to any benefit enhancements from these transfers unless funds from sources other than insurance premium taxes are found to provide for the retirement benefit enhancements.

(4) The amount of the transfer shall be determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section and the driver's license reinstatement fees provided by § 27-16-808 .

(5) These transfers shall be limited in use solely for the purpose of paying the unfunded accrued actuarial liabilities.

(6) If the transfers under this section exceed eight hundred thousand dollars ($800,000) per fiscal year, the executive secretary shall notify the Joint Interim Committee on Public Retirement and Social Security Programs, which shall then review the use of the funds and the benefit provisions of the system and the actuarial reports on the system to ensure compliance with the intended purpose of the funds.

Amended by Act 2021, No. 415,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3556, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3555, eff. 7/1/2019.

Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, § 2; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 1997, No. 1071, § 3; 2001, No. 151, § 56; 2005, No. 1023, § 1; 2007, No. 404, § 2; 2009, No. 654, § 1.
Ark. Code Ann. § 24-4-517 — AR Code / Title 24 / Chapter 4 / Subchapter 5 / Section 24-4-517
State service under a federal grant - Definition
Status: in_force

(a) As used in this section, "state service under a federal grant" means service rendered to any state agency while detailed or assigned to the agency under the terms of a federal grant agreement between an agency of the federal government and a state agency to perform services for the state agency and to be under the supervision of state administrators while being paid from federal grant funds awarded to the state agency and withheld from the federal grant moneys. (b) From and after January 1, 1995, any person who is or was a member of the Arkansas Public Employees' Retirement System shall be entitled to purchase credited service in the system for a period not to exceed three (3) years for state service under a federal grant, but only if the person: (1) Has at least ten (10) years of actual service with the system; (2) Is not receiving or was not eligible to receive any retirement benefits paid by another retirement system for the period of time for which he or she is claiming state service under a federal grant, except for Social Security benefits, if the person had left on deposit the contributions to the other system; (3) (A) Pays or causes to be paid all employee contributions at the rate and on the compensation that would have been paid had he or she been a member of the system during that time, all employer contributions based on the employer normal cost from the most recently completed regular annual actuarial valuation and the compensation that would have been paid had he or she been a member during that time, and regular interest on the employee and employer contributions computed from the date the service was rendered to the date payment is received by the system. (B) The member may purchase all of the service or any portion thereof in multiples of one (1) year. (C) The payment of funds shall be made in one (1) lump sum; and (4) Has otherwise complied with all other rules as the Board of Trustees of the Arkansas Public Employees' Retirement System may from time to time adopt under this section. Amended by Act 2019, No. 315,§ 2857, eff. 7/24/2019. Acts 1995, No. 1264, § 1; 1997, No. 239, § 1; 1997, No. 299, § 18; 2001, No. 151, § 28.

(a) As used in this section, "state service under a federal grant" means service rendered to any state agency while detailed or assigned to the agency under the terms of a federal grant agreement between an agency of the federal government and a state agency to perform services for the state agency and to be under the supervision of state administrators while being paid from federal grant funds awarded to the state agency and withheld from the federal grant moneys.

(b) From and after January 1, 1995, any person who is or was a member of the Arkansas Public Employees' Retirement System shall be entitled to purchase credited service in the system for a period not to exceed three (3) years for state service under a federal grant, but only if the person: (1) Has at least ten (10) years of actual service with the system; (2) Is not receiving or was not eligible to receive any retirement benefits paid by another retirement system for the period of time for which he or she is claiming state service under a federal grant, except for Social Security benefits, if the person had left on deposit the contributions to the other system; (3) (A) Pays or causes to be paid all employee contributions at the rate and on the compensation that would have been paid had he or she been a member of the system during that time, all employer contributions based on the employer normal cost from the most recently completed regular annual actuarial valuation and the compensation that would have been paid had he or she been a member during that time, and regular interest on the employee and employer contributions computed from the date the service was rendered to the date payment is received by the system. (B) The member may purchase all of the service or any portion thereof in multiples of one (1) year. (C) The payment of funds shall be made in one (1) lump sum; and (4) Has otherwise complied with all other rules as the Board of Trustees of the Arkansas Public Employees' Retirement System may from time to time adopt under this section.

(1) Has at least ten (10) years of actual service with the system;

(2) Is not receiving or was not eligible to receive any retirement benefits paid by another retirement system for the period of time for which he or she is claiming state service under a federal grant, except for Social Security benefits, if the person had left on deposit the contributions to the other system;

(3) (A) Pays or causes to be paid all employee contributions at the rate and on the compensation that would have been paid had he or she been a member of the system during that time, all employer contributions based on the employer normal cost from the most recently completed regular annual actuarial valuation and the compensation that would have been paid had he or she been a member during that time, and regular interest on the employee and employer contributions computed from the date the service was rendered to the date payment is received by the system. (B) The member may purchase all of the service or any portion thereof in multiples of one (1) year. (C) The payment of funds shall be made in one (1) lump sum; and

(A) Pays or causes to be paid all employee contributions at the rate and on the compensation that would have been paid had he or she been a member of the system during that time, all employer contributions based on the employer normal cost from the most recently completed regular annual actuarial valuation and the compensation that would have been paid had he or she been a member during that time, and regular interest on the employee and employer contributions computed from the date the service was rendered to the date payment is received by the system.

(B) The member may purchase all of the service or any portion thereof in multiples of one (1) year.

(C) The payment of funds shall be made in one (1) lump sum; and

(4) Has otherwise complied with all other rules as the Board of Trustees of the Arkansas Public Employees' Retirement System may from time to time adopt under this section.

Amended by Act 2019, No. 315,§ 2857, eff. 7/24/2019.

Acts 1995, No. 1264, § 1; 1997, No. 239, § 1; 1997, No. 299, § 18; 2001, No. 151, § 28.
Ark. Code Ann. § 24-8-219 — AR Code / Title 24 / Chapter 8 / Subchapter 2 / Section 24-8-219
Rights of surviving unremarried spouses of certain judges
Status: in_force

(a) The surviving unremarried spouse, sixty-five (65) years of age or older, of any person who served as a justice of the Supreme Court, as a judge of the Court of Appeals, or as a judge of any circuit or chancery court of the State of Arkansas for a period of eight (8) years or longer, who is not now receiving, or entitled to receive, survivors' benefits under the Arkansas Judicial Retirement System shall be entitled to receive survivors' benefits under the system upon meeting the qualifications therefor and otherwise complying with the provisions of this section. (b) (1) Any person desiring to apply for and draw benefits provided for in this section shall make application to the Auditor of State. (2) The application shall be supported and accompanied by proof satisfactory to the Auditor of State that the applicant is an unmarried spouse, sixty-five (65) years of age or older, of a person who served either on the Supreme Court, as a judge of the Court of Appeals, or as a circuit or chancery judge for a period of eight (8) years or longer, and that the applicant was married to the deceased justice or judge for at least five (5) years, was married to him or her at the time of his or her death, and was living with him or her in marriage at the time of his or her death. (c) Upon receipt of the application and proof, the Auditor of State shall determine the total amount of compensation received by the deceased judge subsequent to July 1, 1953, and shall compute four percent (4%) of that amount as the amount the applicant shall pay to the Auditor of State if the applicant desires to qualify for survivor benefits under the system as permitted in this section. (d) The Auditor of State shall also determine the amount which would have been paid to the applicant had the deceased spouse been qualified under the system. (e) (1) The Auditor of State shall credit the amount as determined in subsection (d) of this section against the amount which has been computed as the four-percent amount which the applicant is required to pay under subsection (c) of this section. (2) The applicant shall be required to pay to the Auditor of State only the amount by which the four-percent figure exceeds the credit. (3) This payment shall be deposited into the State Survivor's Account by the Auditor of State. (f) Upon payment of the adjusted amount as required and prescribed in this section, if payment is due after application of credits, the applicant shall be entitled to draw survivors' benefits as prescribed in the system from the first day of the month following payment of the adjusted amount to the Auditor of State, or from the first day after the accounts are adjusted if no payment is due. (g) Survivors' benefits provided for in this section shall be paid in the same manner as other survivors' benefits under the system are paid. Amended by Act 2017, No. 265,§ 3, eff. 8/1/2017. Acts 1975, No. 484, §§ 1-7; 1979, No. 636, §§ 1, 2; 1981, No. 909, §§ 1-3; A.S.A. 1947, §§ 22-949 -- 22-955.

(a) The surviving unremarried spouse, sixty-five (65) years of age or older, of any person who served as a justice of the Supreme Court, as a judge of the Court of Appeals, or as a judge of any circuit or chancery court of the State of Arkansas for a period of eight (8) years or longer, who is not now receiving, or entitled to receive, survivors' benefits under the Arkansas Judicial Retirement System shall be entitled to receive survivors' benefits under the system upon meeting the qualifications therefor and otherwise complying with the provisions of this section.

(b) (1) Any person desiring to apply for and draw benefits provided for in this section shall make application to the Auditor of State. (2) The application shall be supported and accompanied by proof satisfactory to the Auditor of State that the applicant is an unmarried spouse, sixty-five (65) years of age or older, of a person who served either on the Supreme Court, as a judge of the Court of Appeals, or as a circuit or chancery judge for a period of eight (8) years or longer, and that the applicant was married to the deceased justice or judge for at least five (5) years, was married to him or her at the time of his or her death, and was living with him or her in marriage at the time of his or her death.

(1) Any person desiring to apply for and draw benefits provided for in this section shall make application to the Auditor of State.

(2) The application shall be supported and accompanied by proof satisfactory to the Auditor of State that the applicant is an unmarried spouse, sixty-five (65) years of age or older, of a person who served either on the Supreme Court, as a judge of the Court of Appeals, or as a circuit or chancery judge for a period of eight (8) years or longer, and that the applicant was married to the deceased justice or judge for at least five (5) years, was married to him or her at the time of his or her death, and was living with him or her in marriage at the time of his or her death.

(c) Upon receipt of the application and proof, the Auditor of State shall determine the total amount of compensation received by the deceased judge subsequent to July 1, 1953, and shall compute four percent (4%) of that amount as the amount the applicant shall pay to the Auditor of State if the applicant desires to qualify for survivor benefits under the system as permitted in this section.

(d) The Auditor of State shall also determine the amount which would have been paid to the applicant had the deceased spouse been qualified under the system.

(e) (1) The Auditor of State shall credit the amount as determined in subsection (d) of this section against the amount which has been computed as the four-percent amount which the applicant is required to pay under subsection (c) of this section. (2) The applicant shall be required to pay to the Auditor of State only the amount by which the four-percent figure exceeds the credit. (3) This payment shall be deposited into the State Survivor's Account by the Auditor of State.

(1) The Auditor of State shall credit the amount as determined in subsection (d) of this section against the amount which has been computed as the four-percent amount which the applicant is required to pay under subsection (c) of this section.

(2) The applicant shall be required to pay to the Auditor of State only the amount by which the four-percent figure exceeds the credit.

(3) This payment shall be deposited into the State Survivor's Account by the Auditor of State.

(f) Upon payment of the adjusted amount as required and prescribed in this section, if payment is due after application of credits, the applicant shall be entitled to draw survivors' benefits as prescribed in the system from the first day of the month following payment of the adjusted amount to the Auditor of State, or from the first day after the accounts are adjusted if no payment is due.

(g) Survivors' benefits provided for in this section shall be paid in the same manner as other survivors' benefits under the system are paid.

Amended by Act 2017, No. 265,§ 3, eff. 8/1/2017.

Acts 1975, No. 484, §§ 1-7; 1979, No. 636, §§ 1, 2; 1981, No. 909, §§ 1-3; A.S.A. 1947, §§ 22-949 -- 22-955.
Ark. Code Ann. § 24-7-1307 — AR Code / Title 24 / Chapter 7 / Subchapter 13 / Section 24-7-1307
Account - Credit
Status: in_force

(a) The member's Teacher Deferred Retirement Option Plan account shall be the account in which shall be accumulated the: (1) Plan deposits made on behalf of the member; and (2) Plan interest. (b) At the end of each fiscal year, the Board of Trustees of the Arkansas Teacher Retirement System shall credit each plan participant's plan account with plan interest on the mean balance in the account for the fiscal year. (c) (1) The board shall determine the plan interest rate to members' plan accounts based on: (A) A fixed interest rate that is adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board; or (B) A variable interest rate formula that is based on investment returns and other factors adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board. (2) In addition to the applicable interest rate for the fiscal year, the board may adopt by board resolution a Teacher Deferred Retirement Option Plan participation incentive rate during a fiscal year if investment returns justify an incentive rate for the fiscal year. (d) If a participant continues covered employment after completing ten (10) consecutive years in the plan, the participant's plan account shall be credited on June 30 of each year or through the date of retirement, whichever occurs first, with ten (10) year plus plan interest as set by the board. (e) For the purposes of this section, the ten (10) year plus plan interest rate shall be the rate determined to be appropriate by the board and adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board. Amended by Act 2021, No. 279,§ 33, eff. 7/1/2021. Amended by Act 2021, No. 279,§ 32, eff. 7/1/2021. Amended by Act 2019, No. 427,§ 20, eff. 7/1/2019. Amended by Act 2017, No. 1049,§ 2, eff. 4/6/2017. Amended by Act 2017, No. 1049,§ 1, eff. 4/6/2017. Acts 1995, No. 1096, § 1; 2005, No. 188, § 2; 2011, No. 45, § 20.

(a) The member's Teacher Deferred Retirement Option Plan account shall be the account in which shall be accumulated the: (1) Plan deposits made on behalf of the member; and (2) Plan interest.

(1) Plan deposits made on behalf of the member; and

(2) Plan interest.

(b) At the end of each fiscal year, the Board of Trustees of the Arkansas Teacher Retirement System shall credit each plan participant's plan account with plan interest on the mean balance in the account for the fiscal year.

(c) (1) The board shall determine the plan interest rate to members' plan accounts based on: (A) A fixed interest rate that is adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board; or (B) A variable interest rate formula that is based on investment returns and other factors adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board. (2) In addition to the applicable interest rate for the fiscal year, the board may adopt by board resolution a Teacher Deferred Retirement Option Plan participation incentive rate during a fiscal year if investment returns justify an incentive rate for the fiscal year.

(1) The board shall determine the plan interest rate to members' plan accounts based on: (A) A fixed interest rate that is adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board; or (B) A variable interest rate formula that is based on investment returns and other factors adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board.

(A) A fixed interest rate that is adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board; or

(B) A variable interest rate formula that is based on investment returns and other factors adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board.

(2) In addition to the applicable interest rate for the fiscal year, the board may adopt by board resolution a Teacher Deferred Retirement Option Plan participation incentive rate during a fiscal year if investment returns justify an incentive rate for the fiscal year.

(d) If a participant continues covered employment after completing ten (10) consecutive years in the plan, the participant's plan account shall be credited on June 30 of each year or through the date of retirement, whichever occurs first, with ten (10) year plus plan interest as set by the board.

(e) For the purposes of this section, the ten (10) year plus plan interest rate shall be the rate determined to be appropriate by the board and adopted by board resolution by the end of the first quarter of the fiscal year in which the interest rate shall apply and that applies to subsequent fiscal years unless modified by the board.

Amended by Act 2021, No. 279,§ 33, eff. 7/1/2021.

Amended by Act 2021, No. 279,§ 32, eff. 7/1/2021.

Amended by Act 2019, No. 427,§ 20, eff. 7/1/2019.

Amended by Act 2017, No. 1049,§ 2, eff. 4/6/2017.

Amended by Act 2017, No. 1049,§ 1, eff. 4/6/2017.

Acts 1995, No. 1096, § 1; 2005, No. 188, § 2; 2011, No. 45, § 20.
Ark. Code Ann. § 24-8-220 — AR Code / Title 24 / Chapter 8 / Subchapter 2 / Section 24-8-220
Restrictions on benefits
Status: in_force

(a) Acts 1953, No. 365, as amended by this act, is to be in all of its sections complementary, except that no person may take benefits under two (2) or more sections of this act at the same time. (b) Retirement and survivors' benefits shall be measured by the salary payable for the position last held by the retired or deceased judge at the time of payment of any particular benefit, so that, should salaries of the judicial positions covered by this act be altered, the amount of benefits payable under this act shall be proportionately altered. Acts 1965, No. 139, § 6; A.S.A. 1947, § 22-911.

(a) Acts 1953, No. 365, as amended by this act, is to be in all of its sections complementary, except that no person may take benefits under two (2) or more sections of this act at the same time.

(b) Retirement and survivors' benefits shall be measured by the salary payable for the position last held by the retired or deceased judge at the time of payment of any particular benefit, so that, should salaries of the judicial positions covered by this act be altered, the amount of benefits payable under this act shall be proportionately altered.

Acts 1965, No. 139, § 6; A.S.A. 1947, § 22-911.
Ark. Code Ann. § 24-12-116 — AR Code / Title 24 / Chapter 12 / Subchapter 1 / Section 24-12-116
Benefits - Permanent total disability retirement
Status: in_force

(a) If any paid nonuniformed employee, while in the performance of his or her duty, shall become physically or mentally totally and permanently disabled by reason of his or her service from performing his or her departmental duties and this fact shall be certified to by the physician on the board of trustees of the pension and relief fund for paid nonuniformed employees, it shall be mandatory on the board to retire the disabled employee from service upon one-half (½) pay, which shall be one-half (½) of the monthly compensation received by the employee at the time of his or her retirement. (b) No such employee shall be retired on a pension of less than six hundred dollars ($600) a year regardless of whether this minimum amount, when broken down into equal monthly installments, should equal one-half (½) of the employee's monthly compensation. (c) (1) If any employee is retired because of any permanent total disability, it shall be the duty of the employee to have an examination made of himself or herself by the physician on the board at least one (1) time every six (6) months. (2) An employee receiving the examination shall pay to the physician a fee of five dollars ($5.00) for the examination so made. (d) If an employee recovers from his or her disability, it shall be the duty of the board to stop payment of his or her pension and place the employee back in service. The time of his or her retirement shall be considered as continuous service in his or her position. Acts 1949, No. 147, §§ 7, 10; A.S.A. 1947, §§ 19-928, 19-931.

(a) If any paid nonuniformed employee, while in the performance of his or her duty, shall become physically or mentally totally and permanently disabled by reason of his or her service from performing his or her departmental duties and this fact shall be certified to by the physician on the board of trustees of the pension and relief fund for paid nonuniformed employees, it shall be mandatory on the board to retire the disabled employee from service upon one-half (½) pay, which shall be one-half (½) of the monthly compensation received by the employee at the time of his or her retirement.

(b) No such employee shall be retired on a pension of less than six hundred dollars ($600) a year regardless of whether this minimum amount, when broken down into equal monthly installments, should equal one-half (½) of the employee's monthly compensation.

(c) (1) If any employee is retired because of any permanent total disability, it shall be the duty of the employee to have an examination made of himself or herself by the physician on the board at least one (1) time every six (6) months. (2) An employee receiving the examination shall pay to the physician a fee of five dollars ($5.00) for the examination so made.

(1) If any employee is retired because of any permanent total disability, it shall be the duty of the employee to have an examination made of himself or herself by the physician on the board at least one (1) time every six (6) months.

(2) An employee receiving the examination shall pay to the physician a fee of five dollars ($5.00) for the examination so made.

(d) If an employee recovers from his or her disability, it shall be the duty of the board to stop payment of his or her pension and place the employee back in service. The time of his or her retirement shall be considered as continuous service in his or her position.

Acts 1949, No. 147, §§ 7, 10; A.S.A. 1947, §§ 19-928, 19-931.
Ark. Code Ann. § 24-6-101 — AR Code / Title 24 / Chapter 6 / Subchapter 1 / Section 24-6-101
System for payment of disability and retirement benefits and medical fees - Rules - Fund
Status: in_force

(a) (1) The Arkansas State Police Commission is authorized and empowered to create and administer a system of paying disability, pension, and retirement pay funds to members of the Division of Arkansas State Police and their dependents and survivors. (2) The commission shall have the authority and power, whenever it deems best, to pay medical expenses, including hospitalization fees and charges, of state police injured while in the performance of their official duties. (3) (A) The commission shall have the authority and power to purchase and maintain in force group life, accident, and disability insurance upon the lives and members of the division upon such terms and conditions as it may deem necessary and proper. (B) However, the purchasing and maintaining of such insurance shall be discretionary, and not mandatory, on the part of the commission. (b) The commission is authorized and empowered to: (1) Promulgate and enforce all rules necessary to create and administer a system of paying medical and hospitalization fees, disability benefits, pensions, and retirement pay to members of the division; (2) Establish and prescribe the eligibility of members of the police force and their dependents and survivors in and to the benefits of the funds; and (3) Do any and all things necessary to carry out the provisions of this act. (c) (1) There is created and established the State Police Retirement Fund, to which shall be credited any and all appropriations made by the General Assembly for the purposes outlined in this section. (2) Any unexpended balance of the appropriation made for the first fiscal year of any biennial period may be used for a like purpose during the second fiscal year. (3) Vouchers drawn upon and payable from the funds shall be drawn and paid in the manner provided by law for payment of obligations of the division. Amended by Act 2019, No. 315,§ 2870, eff. 7/24/2019. Acts 1945, No. 231, §§ 22-24; A.S.A. 1947, §§ 42-422 -- 42-424.

(a) (1) The Arkansas State Police Commission is authorized and empowered to create and administer a system of paying disability, pension, and retirement pay funds to members of the Division of Arkansas State Police and their dependents and survivors. (2) The commission shall have the authority and power, whenever it deems best, to pay medical expenses, including hospitalization fees and charges, of state police injured while in the performance of their official duties. (3) (A) The commission shall have the authority and power to purchase and maintain in force group life, accident, and disability insurance upon the lives and members of the division upon such terms and conditions as it may deem necessary and proper. (B) However, the purchasing and maintaining of such insurance shall be discretionary, and not mandatory, on the part of the commission.

(1) The Arkansas State Police Commission is authorized and empowered to create and administer a system of paying disability, pension, and retirement pay funds to members of the Division of Arkansas State Police and their dependents and survivors.

(2) The commission shall have the authority and power, whenever it deems best, to pay medical expenses, including hospitalization fees and charges, of state police injured while in the performance of their official duties.

(3) (A) The commission shall have the authority and power to purchase and maintain in force group life, accident, and disability insurance upon the lives and members of the division upon such terms and conditions as it may deem necessary and proper. (B) However, the purchasing and maintaining of such insurance shall be discretionary, and not mandatory, on the part of the commission.

(A) The commission shall have the authority and power to purchase and maintain in force group life, accident, and disability insurance upon the lives and members of the division upon such terms and conditions as it may deem necessary and proper.

(B) However, the purchasing and maintaining of such insurance shall be discretionary, and not mandatory, on the part of the commission.

(b) The commission is authorized and empowered to: (1) Promulgate and enforce all rules necessary to create and administer a system of paying medical and hospitalization fees, disability benefits, pensions, and retirement pay to members of the division; (2) Establish and prescribe the eligibility of members of the police force and their dependents and survivors in and to the benefits of the funds; and (3) Do any and all things necessary to carry out the provisions of this act.

(1) Promulgate and enforce all rules necessary to create and administer a system of paying medical and hospitalization fees, disability benefits, pensions, and retirement pay to members of the division;

(2) Establish and prescribe the eligibility of members of the police force and their dependents and survivors in and to the benefits of the funds; and

(3) Do any and all things necessary to carry out the provisions of this act.

(c) (1) There is created and established the State Police Retirement Fund, to which shall be credited any and all appropriations made by the General Assembly for the purposes outlined in this section. (2) Any unexpended balance of the appropriation made for the first fiscal year of any biennial period may be used for a like purpose during the second fiscal year. (3) Vouchers drawn upon and payable from the funds shall be drawn and paid in the manner provided by law for payment of obligations of the division.

(1) There is created and established the State Police Retirement Fund, to which shall be credited any and all appropriations made by the General Assembly for the purposes outlined in this section.

(2) Any unexpended balance of the appropriation made for the first fiscal year of any biennial period may be used for a like purpose during the second fiscal year.

(3) Vouchers drawn upon and payable from the funds shall be drawn and paid in the manner provided by law for payment of obligations of the division.

Amended by Act 2019, No. 315,§ 2870, eff. 7/24/2019.

Acts 1945, No. 231, §§ 22-24; A.S.A. 1947, §§ 42-422 -- 42-424.
Ark. Code Ann. § 24-6-203 — AR Code / Title 24 / Chapter 6 / Subchapter 2 / Section 24-6-203
Creation
Status: in_force

The State Police Retirement System is created and established in conformance with this subchapter. Acts 1951, No. 311, § 1; 1959, No. 484, § 1; A.S.A. 1947, § 42-451.

The State Police Retirement System is created and established in conformance with this subchapter.

Acts 1951, No. 311, § 1; 1959, No. 484, § 1; A.S.A. 1947, § 42-451.
Ark. Code Ann. § 24-2-701 — AR Code / Title 24 / Chapter 2 / Subchapter 7 / Section 24-2-701
Financial objectives and actuarial valuation
Status: in_force

(a) The general financial objective of each Arkansas public employee retirement plan shall be to establish and receive contributions that, expressed as percentages of active member payroll, will remain approximately level from generation to generation of state citizens. More specifically, contributions received each year shall be sufficient both: (1) To fully cover the costs of benefit commitments being made to members for their service being rendered in that year; and (2) (A) To make a level payment that if paid annually over a reasonable period of future years will fully cover the unfunded costs of benefit commitments for service previously rendered. (B) Alternatively, if the costs of benefit commitments for service previously rendered are overfunded, the plan may deduct a level payment that if deducted annually over a reasonable period of future years will fully liquidate the overfunded portion of such costs. (b) Each state public employee retirement plan shall cause an actuarial valuation of the plan or fund to be made at least biennially, and preferably annually, to determine how well the plan is meeting the objectives set forth in subsection (a) of this section. (c) The employer contribution rates to the retirement systems shall be as follows: (1) (A) For the Arkansas Teacher Retirement System, the Board of Trustees of the Arkansas Teacher Retirement System shall establish employer contribution rates prospectively each year. (B) The employer contribution rates shall be based on the actuary's determination of the rate required to fund the plan as necessary to meet the general financial objective set forth in subsection (a) of this section. (C) The employer contribution rates shall be the rates determined by the Board of Trustees of the Arkansas Teacher Retirement System under § 24-7-401(c) and based on the annual actuarial valuation of the Arkansas Teacher Retirement System; (2) For the State Police Retirement System, twenty-six percent (26%); and (3) (A) For the Arkansas Public Employees' Retirement System, the Board of Trustees of the Arkansas Public Employees' Retirement System shall establish employer contribution rates prospectively each year, and the rates shall be based on the actuary's determination of the rate required to fund the plan in accordance with the objectives set forth in subsection (a) of this section. (B) The employer contribution rates shall be the rates determined by the annual actuarial valuation. (d) Subsection (c) of this section shall not be construed as affecting in any way the existing methods of determining the years of credited service for computing benefits or determining retirement eligibility. Amended by Act 2023, No. 249,§ 1, eff. 7/1/2023. Amended by Act 2019, No. 427,§ 1, eff. 7/1/2019. Acts 2001, No. 151, § 8; 2003, No. 340, § 1; 2005, No. 1968, § 1; 2006 (1st Ex. Sess.), No. 19, § 8; 2007, No. 403, § 1.

(a) The general financial objective of each Arkansas public employee retirement plan shall be to establish and receive contributions that, expressed as percentages of active member payroll, will remain approximately level from generation to generation of state citizens. More specifically, contributions received each year shall be sufficient both: (1) To fully cover the costs of benefit commitments being made to members for their service being rendered in that year; and (2) (A) To make a level payment that if paid annually over a reasonable period of future years will fully cover the unfunded costs of benefit commitments for service previously rendered. (B) Alternatively, if the costs of benefit commitments for service previously rendered are overfunded, the plan may deduct a level payment that if deducted annually over a reasonable period of future years will fully liquidate the overfunded portion of such costs.

(1) To fully cover the costs of benefit commitments being made to members for their service being rendered in that year; and

(2) (A) To make a level payment that if paid annually over a reasonable period of future years will fully cover the unfunded costs of benefit commitments for service previously rendered. (B) Alternatively, if the costs of benefit commitments for service previously rendered are overfunded, the plan may deduct a level payment that if deducted annually over a reasonable period of future years will fully liquidate the overfunded portion of such costs.

(A) To make a level payment that if paid annually over a reasonable period of future years will fully cover the unfunded costs of benefit commitments for service previously rendered.

(B) Alternatively, if the costs of benefit commitments for service previously rendered are overfunded, the plan may deduct a level payment that if deducted annually over a reasonable period of future years will fully liquidate the overfunded portion of such costs.

(b) Each state public employee retirement plan shall cause an actuarial valuation of the plan or fund to be made at least biennially, and preferably annually, to determine how well the plan is meeting the objectives set forth in subsection (a) of this section.

(c) The employer contribution rates to the retirement systems shall be as follows: (1) (A) For the Arkansas Teacher Retirement System, the Board of Trustees of the Arkansas Teacher Retirement System shall establish employer contribution rates prospectively each year. (B) The employer contribution rates shall be based on the actuary's determination of the rate required to fund the plan as necessary to meet the general financial objective set forth in subsection (a) of this section. (C) The employer contribution rates shall be the rates determined by the Board of Trustees of the Arkansas Teacher Retirement System under § 24-7-401(c) and based on the annual actuarial valuation of the Arkansas Teacher Retirement System; (2) For the State Police Retirement System, twenty-six percent (26%); and (3) (A) For the Arkansas Public Employees' Retirement System, the Board of Trustees of the Arkansas Public Employees' Retirement System shall establish employer contribution rates prospectively each year, and the rates shall be based on the actuary's determination of the rate required to fund the plan in accordance with the objectives set forth in subsection (a) of this section. (B) The employer contribution rates shall be the rates determined by the annual actuarial valuation.

(1) (A) For the Arkansas Teacher Retirement System, the Board of Trustees of the Arkansas Teacher Retirement System shall establish employer contribution rates prospectively each year. (B) The employer contribution rates shall be based on the actuary's determination of the rate required to fund the plan as necessary to meet the general financial objective set forth in subsection (a) of this section. (C) The employer contribution rates shall be the rates determined by the Board of Trustees of the Arkansas Teacher Retirement System under § 24-7-401(c) and based on the annual actuarial valuation of the Arkansas Teacher Retirement System;

(A) For the Arkansas Teacher Retirement System, the Board of Trustees of the Arkansas Teacher Retirement System shall establish employer contribution rates prospectively each year.

(B) The employer contribution rates shall be based on the actuary's determination of the rate required to fund the plan as necessary to meet the general financial objective set forth in subsection (a) of this section.

(C) The employer contribution rates shall be the rates determined by the Board of Trustees of the Arkansas Teacher Retirement System under § 24-7-401(c) and based on the annual actuarial valuation of the Arkansas Teacher Retirement System;

(2) For the State Police Retirement System, twenty-six percent (26%); and

(3) (A) For the Arkansas Public Employees' Retirement System, the Board of Trustees of the Arkansas Public Employees' Retirement System shall establish employer contribution rates prospectively each year, and the rates shall be based on the actuary's determination of the rate required to fund the plan in accordance with the objectives set forth in subsection (a) of this section. (B) The employer contribution rates shall be the rates determined by the annual actuarial valuation.

(A) For the Arkansas Public Employees' Retirement System, the Board of Trustees of the Arkansas Public Employees' Retirement System shall establish employer contribution rates prospectively each year, and the rates shall be based on the actuary's determination of the rate required to fund the plan in accordance with the objectives set forth in subsection (a) of this section.

(B) The employer contribution rates shall be the rates determined by the annual actuarial valuation.

(d) Subsection (c) of this section shall not be construed as affecting in any way the existing methods of determining the years of credited service for computing benefits or determining retirement eligibility.

Amended by Act 2023, No. 249,§ 1, eff. 7/1/2023.

Amended by Act 2019, No. 427,§ 1, eff. 7/1/2019.

Acts 2001, No. 151, § 8; 2003, No. 340, § 1; 2005, No. 1968, § 1; 2006 (1st Ex. Sess.), No. 19, § 8; 2007, No. 403, § 1.
Ark. Code Ann. § 24-8-312 — AR Code / Title 24 / Chapter 8 / Subchapter 3 / Section 24-8-312
Right of transfer from or purchase of credit in Arkansas Public Employees' Retirement System or reciprocal system
Status: in_force

(a) (1) A judge of a municipal court and a clerk of a municipal court who, on March 23, 1973, were covered by the provisions of the Municipal Section of the Arkansas Public Employees' Retirement System shall, prior to January 1, 1982, make an election in writing as to whether to continue as a member of the Arkansas Public Employees' Retirement System in lieu of participating in the retirement benefits in this subchapter. (2) In the event any such municipal judge or municipal court clerk shall elect to receive retirement benefits under this subchapter, they shall cease to be members of the Arkansas Public Employees' Retirement System. (b) (1) In the case of all municipal judges and municipal court clerks who elected, in the manner provided in this subchapter, to receive retirement benefits under the provisions of this subchapter in lieu of benefits provided as a member of the Arkansas Public Employees' Retirement System, all contributions paid by the municipal judge or the municipal court clerk and all employer matching contributions paid to the Arkansas Public Employees' Retirement System in behalf of the municipal judge or the municipal court clerk shall be remitted, upon written request therefor by the board of trustees, as established in § 24-8-302 by the Arkansas Public Employees' Retirement System from the employer and employee accounts of the Municipal Section of the Arkansas Public Employees' Retirement System Fund to the board of trustees. (2) Upon receipt of the contributions, the board of trustees shall deposit the contributions in the fund established for the payment of retirement benefits to retired municipal judges and municipal court clerks in the city as provided in this subchapter. (c) (1) Any municipal court clerk or former municipal court clerk who was covered by the Arkansas Public Employees' Retirement System at the time of the municipal service or was eligible for coverage at that time who withdrew the service and the accumulated contributions to the system and who later becomes a member of the Arkansas Public Employees' Retirement System or of a reciprocal system shall, upon meeting the requirements prescribed in this subsection, be entitled to have the time of complete municipal service restored to his or her credit. (2) In order for the member of the system or of the reciprocal system to be eligible to have the service credit restored, the member: (A) Shall not be currently receiving benefits under the system or a reciprocal system; (B) Shall be entitled to purchase no more than ten (10) years for the service rendered by the member as a municipal court clerk; (C) Shall have at least ten (10) years' credited service with the system or a reciprocal system at the time of the purchase; (D) Shall not have received credited service in the system or a reciprocal system in another state-supported retirement system or in a retirement system of the city in which the member was employed for the time period for which credit is being sought; and (E) Contributes to the members' deposit account a sum of money equal to the amount he or she, and if the employer contributions were returned, the amount the employer, would have contributed to the account had he or she been a member of the system or a reciprocal system during the period of service with the municipal court for which the member is establishing credit. This amount shall be based upon his or her, and if the employer contributions were returned, the employer's, monthly contribution at the time of the member's service with the municipal court for which the member is establishing credit and interest thereon at the rate of six percent (6%) with interest compounded annually. Acts 1973, No. 432, § 9; 1981, No. 62, § 1; A.S.A. 1947, § 22-922; Acts 1995, No. 1242, § 1.

(a) (1) A judge of a municipal court and a clerk of a municipal court who, on March 23, 1973, were covered by the provisions of the Municipal Section of the Arkansas Public Employees' Retirement System shall, prior to January 1, 1982, make an election in writing as to whether to continue as a member of the Arkansas Public Employees' Retirement System in lieu of participating in the retirement benefits in this subchapter. (2) In the event any such municipal judge or municipal court clerk shall elect to receive retirement benefits under this subchapter, they shall cease to be members of the Arkansas Public Employees' Retirement System.

(1) A judge of a municipal court and a clerk of a municipal court who, on March 23, 1973, were covered by the provisions of the Municipal Section of the Arkansas Public Employees' Retirement System shall, prior to January 1, 1982, make an election in writing as to whether to continue as a member of the Arkansas Public Employees' Retirement System in lieu of participating in the retirement benefits in this subchapter.

(2) In the event any such municipal judge or municipal court clerk shall elect to receive retirement benefits under this subchapter, they shall cease to be members of the Arkansas Public Employees' Retirement System.

(b) (1) In the case of all municipal judges and municipal court clerks who elected, in the manner provided in this subchapter, to receive retirement benefits under the provisions of this subchapter in lieu of benefits provided as a member of the Arkansas Public Employees' Retirement System, all contributions paid by the municipal judge or the municipal court clerk and all employer matching contributions paid to the Arkansas Public Employees' Retirement System in behalf of the municipal judge or the municipal court clerk shall be remitted, upon written request therefor by the board of trustees, as established in § 24-8-302 by the Arkansas Public Employees' Retirement System from the employer and employee accounts of the Municipal Section of the Arkansas Public Employees' Retirement System Fund to the board of trustees. (2) Upon receipt of the contributions, the board of trustees shall deposit the contributions in the fund established for the payment of retirement benefits to retired municipal judges and municipal court clerks in the city as provided in this subchapter.

(1) In the case of all municipal judges and municipal court clerks who elected, in the manner provided in this subchapter, to receive retirement benefits under the provisions of this subchapter in lieu of benefits provided as a member of the Arkansas Public Employees' Retirement System, all contributions paid by the municipal judge or the municipal court clerk and all employer matching contributions paid to the Arkansas Public Employees' Retirement System in behalf of the municipal judge or the municipal court clerk shall be remitted, upon written request therefor by the board of trustees, as established in § 24-8-302 by the Arkansas Public Employees' Retirement System from the employer and employee accounts of the Municipal Section of the Arkansas Public Employees' Retirement System Fund to the board of trustees.

(2) Upon receipt of the contributions, the board of trustees shall deposit the contributions in the fund established for the payment of retirement benefits to retired municipal judges and municipal court clerks in the city as provided in this subchapter.

(c) (1) Any municipal court clerk or former municipal court clerk who was covered by the Arkansas Public Employees' Retirement System at the time of the municipal service or was eligible for coverage at that time who withdrew the service and the accumulated contributions to the system and who later becomes a member of the Arkansas Public Employees' Retirement System or of a reciprocal system shall, upon meeting the requirements prescribed in this subsection, be entitled to have the time of complete municipal service restored to his or her credit. (2) In order for the member of the system or of the reciprocal system to be eligible to have the service credit restored, the member: (A) Shall not be currently receiving benefits under the system or a reciprocal system; (B) Shall be entitled to purchase no more than ten (10) years for the service rendered by the member as a municipal court clerk; (C) Shall have at least ten (10) years' credited service with the system or a reciprocal system at the time of the purchase; (D) Shall not have received credited service in the system or a reciprocal system in another state-supported retirement system or in a retirement system of the city in which the member was employed for the time period for which credit is being sought; and (E) Contributes to the members' deposit account a sum of money equal to the amount he or she, and if the employer contributions were returned, the amount the employer, would have contributed to the account had he or she been a member of the system or a reciprocal system during the period of service with the municipal court for which the member is establishing credit. This amount shall be based upon his or her, and if the employer contributions were returned, the employer's, monthly contribution at the time of the member's service with the municipal court for which the member is establishing credit and interest thereon at the rate of six percent (6%) with interest compounded annually.

(1) Any municipal court clerk or former municipal court clerk who was covered by the Arkansas Public Employees' Retirement System at the time of the municipal service or was eligible for coverage at that time who withdrew the service and the accumulated contributions to the system and who later becomes a member of the Arkansas Public Employees' Retirement System or of a reciprocal system shall, upon meeting the requirements prescribed in this subsection, be entitled to have the time of complete municipal service restored to his or her credit.

(2) In order for the member of the system or of the reciprocal system to be eligible to have the service credit restored, the member: (A) Shall not be currently receiving benefits under the system or a reciprocal system; (B) Shall be entitled to purchase no more than ten (10) years for the service rendered by the member as a municipal court clerk; (C) Shall have at least ten (10) years' credited service with the system or a reciprocal system at the time of the purchase; (D) Shall not have received credited service in the system or a reciprocal system in another state-supported retirement system or in a retirement system of the city in which the member was employed for the time period for which credit is being sought; and (E) Contributes to the members' deposit account a sum of money equal to the amount he or she, and if the employer contributions were returned, the amount the employer, would have contributed to the account had he or she been a member of the system or a reciprocal system during the period of service with the municipal court for which the member is establishing credit. This amount shall be based upon his or her, and if the employer contributions were returned, the employer's, monthly contribution at the time of the member's service with the municipal court for which the member is establishing credit and interest thereon at the rate of six percent (6%) with interest compounded annually.

(A) Shall not be currently receiving benefits under the system or a reciprocal system;

(B) Shall be entitled to purchase no more than ten (10) years for the service rendered by the member as a municipal court clerk;

(C) Shall have at least ten (10) years' credited service with the system or a reciprocal system at the time of the purchase;

(D) Shall not have received credited service in the system or a reciprocal system in another state-supported retirement system or in a retirement system of the city in which the member was employed for the time period for which credit is being sought; and

(E) Contributes to the members' deposit account a sum of money equal to the amount he or she, and if the employer contributions were returned, the amount the employer, would have contributed to the account had he or she been a member of the system or a reciprocal system during the period of service with the municipal court for which the member is establishing credit. This amount shall be based upon his or her, and if the employer contributions were returned, the employer's, monthly contribution at the time of the member's service with the municipal court for which the member is establishing credit and interest thereon at the rate of six percent (6%) with interest compounded annually.

Acts 1973, No. 432, § 9; 1981, No. 62, § 1; A.S.A. 1947, § 22-922; Acts 1995, No. 1242, § 1.
Ark. Code Ann. § 24-10-613 — AR Code / Title 24 / Chapter 10 / Subchapter 6 / Section 24-10-613
Disposition of accumulated contributions
Status: in_force

(a) (1) On or after July 1, 2013, if a retirant and his or her eligible beneficiary, if any, both die before they have received in annuity payments a total amount equal to the accumulated contributions standing to the retirant's credit in the Arkansas Local Police and Fire Retirement System at the time of his or her retirement, the difference between the accumulated contributions and the total amount of annuities received by them shall be paid to the persons the retirant nominated in a manner prescribed by the system and filed with the Board of Trustees of the Arkansas Local Police and Fire Retirement System. (2) If no designated person survives the retirant and his or her beneficiary, the difference shall be paid to the estates of the survivor of the retirant and his or her beneficiary. (b) In the event a member ceases to be a member, other than by death, before the date he or she becomes vested to receive an annuity payable by the system, he or she shall be paid the accumulated contributions standing to his or her credit in the members' deposit account upon his or her proper application filed with the board. (c) (1) In the event a member dies and no annuity becomes or will become payable by the system on account of his or her death, the accumulated contributions standing to his or her credit in the members' deposit account at the time of his or her death shall be paid to the persons he or she nominated in a manner prescribed by the system and filed with the board. (2) If there are no designated persons surviving the member, the accumulated contributions shall be paid to his or her surviving spouse or to his or her estate, if there is no surviving spouse. (d) (1) In the event a member's membership in the system terminates and no annuity becomes or will become payable on his or her account, any accumulated contributions standing to his or her credit in the members' deposit account and unclaimed by the member or his or her legal representative within three (3) years from and after the date his or her membership terminated shall be transferred to the income-expense account. (2) If, thereafter, proper application is made for the accumulated contributions, the board shall pay them from the income-expense account but without interest after the date payment was first due. Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013. Amended by Act 2013, No. 1065,§ 11, eff. 4/11/2013. Amended by Act 2013, No. 40,§ 13, eff. 2/6/2013. Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; 1999, No. 1070, § 4.

(a) (1) On or after July 1, 2013, if a retirant and his or her eligible beneficiary, if any, both die before they have received in annuity payments a total amount equal to the accumulated contributions standing to the retirant's credit in the Arkansas Local Police and Fire Retirement System at the time of his or her retirement, the difference between the accumulated contributions and the total amount of annuities received by them shall be paid to the persons the retirant nominated in a manner prescribed by the system and filed with the Board of Trustees of the Arkansas Local Police and Fire Retirement System. (2) If no designated person survives the retirant and his or her beneficiary, the difference shall be paid to the estates of the survivor of the retirant and his or her beneficiary.

(1) On or after July 1, 2013, if a retirant and his or her eligible beneficiary, if any, both die before they have received in annuity payments a total amount equal to the accumulated contributions standing to the retirant's credit in the Arkansas Local Police and Fire Retirement System at the time of his or her retirement, the difference between the accumulated contributions and the total amount of annuities received by them shall be paid to the persons the retirant nominated in a manner prescribed by the system and filed with the Board of Trustees of the Arkansas Local Police and Fire Retirement System.

(2) If no designated person survives the retirant and his or her beneficiary, the difference shall be paid to the estates of the survivor of the retirant and his or her beneficiary.

(b) In the event a member ceases to be a member, other than by death, before the date he or she becomes vested to receive an annuity payable by the system, he or she shall be paid the accumulated contributions standing to his or her credit in the members' deposit account upon his or her proper application filed with the board.

(c) (1) In the event a member dies and no annuity becomes or will become payable by the system on account of his or her death, the accumulated contributions standing to his or her credit in the members' deposit account at the time of his or her death shall be paid to the persons he or she nominated in a manner prescribed by the system and filed with the board. (2) If there are no designated persons surviving the member, the accumulated contributions shall be paid to his or her surviving spouse or to his or her estate, if there is no surviving spouse.

(1) In the event a member dies and no annuity becomes or will become payable by the system on account of his or her death, the accumulated contributions standing to his or her credit in the members' deposit account at the time of his or her death shall be paid to the persons he or she nominated in a manner prescribed by the system and filed with the board.

(2) If there are no designated persons surviving the member, the accumulated contributions shall be paid to his or her surviving spouse or to his or her estate, if there is no surviving spouse.

(d) (1) In the event a member's membership in the system terminates and no annuity becomes or will become payable on his or her account, any accumulated contributions standing to his or her credit in the members' deposit account and unclaimed by the member or his or her legal representative within three (3) years from and after the date his or her membership terminated shall be transferred to the income-expense account. (2) If, thereafter, proper application is made for the accumulated contributions, the board shall pay them from the income-expense account but without interest after the date payment was first due.

(1) In the event a member's membership in the system terminates and no annuity becomes or will become payable on his or her account, any accumulated contributions standing to his or her credit in the members' deposit account and unclaimed by the member or his or her legal representative within three (3) years from and after the date his or her membership terminated shall be transferred to the income-expense account.

(2) If, thereafter, proper application is made for the accumulated contributions, the board shall pay them from the income-expense account but without interest after the date payment was first due.

Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013.

Amended by Act 2013, No. 1065,§ 11, eff. 4/11/2013.

Amended by Act 2013, No. 40,§ 13, eff. 2/6/2013.

Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; 1999, No. 1070, § 4.
Ark. Code Ann. § 24-4-1107 — AR Code / Title 24 / Chapter 4 / Subchapter 11 / Section 24-4-1107
Redetermination of benefits
Status: in_force

(a) Each July 1 the Arkansas Public Employees' Retirement System shall redetermine the amount of each monthly benefit that has been payable by the system for at least twelve (12) calendar months. The redetermined amount is payable for the following twelve (12) calendar months. (b) The redetermined amount is the amount of the benefit payable as of the immediately preceding July 1 increased by three percent (3%). (c) (1) If a person is first hired by a system-covered employer on or after July 1, 2022, and retires under the eligibility requirements of the system, the monthly benefit for the person shall be redetermined in accordance with subdivision (c)(2) of this section. (2) (A) The redetermined amount for a person described in subdivision (c)(1) of this section shall be the amount of the monthly benefit otherwise payable as of the immediately preceding July 1 increased by the lesser of three percent (3%) or the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers as determined by the United States Department of Labor over the one-year period ending in the December immediately preceding the date for which the redetermined amount is being calculated. (B) The redetermined amount of the monthly benefit to be paid to the person shall not be less than the redetermined amount of the monthly benefit paid to the person in the preceding year. Amended by Act 2021, No. 366,§ 2, eff. 7/28/2021. Acts 2005, No. 2084, § 4.

(a) Each July 1 the Arkansas Public Employees' Retirement System shall redetermine the amount of each monthly benefit that has been payable by the system for at least twelve (12) calendar months. The redetermined amount is payable for the following twelve (12) calendar months.

(b) The redetermined amount is the amount of the benefit payable as of the immediately preceding July 1 increased by three percent (3%).

(c) (1) If a person is first hired by a system-covered employer on or after July 1, 2022, and retires under the eligibility requirements of the system, the monthly benefit for the person shall be redetermined in accordance with subdivision (c)(2) of this section. (2) (A) The redetermined amount for a person described in subdivision (c)(1) of this section shall be the amount of the monthly benefit otherwise payable as of the immediately preceding July 1 increased by the lesser of three percent (3%) or the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers as determined by the United States Department of Labor over the one-year period ending in the December immediately preceding the date for which the redetermined amount is being calculated. (B) The redetermined amount of the monthly benefit to be paid to the person shall not be less than the redetermined amount of the monthly benefit paid to the person in the preceding year.

(1) If a person is first hired by a system-covered employer on or after July 1, 2022, and retires under the eligibility requirements of the system, the monthly benefit for the person shall be redetermined in accordance with subdivision (c)(2) of this section.

(2) (A) The redetermined amount for a person described in subdivision (c)(1) of this section shall be the amount of the monthly benefit otherwise payable as of the immediately preceding July 1 increased by the lesser of three percent (3%) or the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers as determined by the United States Department of Labor over the one-year period ending in the December immediately preceding the date for which the redetermined amount is being calculated. (B) The redetermined amount of the monthly benefit to be paid to the person shall not be less than the redetermined amount of the monthly benefit paid to the person in the preceding year.

(A) The redetermined amount for a person described in subdivision (c)(1) of this section shall be the amount of the monthly benefit otherwise payable as of the immediately preceding July 1 increased by the lesser of three percent (3%) or the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers as determined by the United States Department of Labor over the one-year period ending in the December immediately preceding the date for which the redetermined amount is being calculated.

(B) The redetermined amount of the monthly benefit to be paid to the person shall not be less than the redetermined amount of the monthly benefit paid to the person in the preceding year.

Amended by Act 2021, No. 366,§ 2, eff. 7/28/2021.

Acts 2005, No. 2084, § 4.
Ark. Code Ann. § 24-10-619 — AR Code / Title 24 / Chapter 10 / Subchapter 6 / Section 24-10-619
Limitation on benefits granted by Acts 1997, No. 1136
Status: in_force

No benefit enhancement provided for by §§ 24-10-604 , 24-10-605 , and 24-10-611 shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization. No benefit enhancement provided for by §§ 24-10-604 , 24-10-605 , and 24-10-611 shall be implemented by any publicly supported system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by § 24-1-101 et seq. Acts 1997, No. 1136, § 4.

No benefit enhancement provided for by §§ 24-10-604 , 24-10-605 , and 24-10-611 shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization. No benefit enhancement provided for by §§ 24-10-604 , 24-10-605 , and 24-10-611 shall be implemented by any publicly supported system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by § 24-1-101 et seq.

Acts 1997, No. 1136, § 4.
Ark. Code Ann. § 24-8-410 — AR Code / Title 24 / Chapter 8 / Subchapter 4 / Section 24-8-410
Benefits
Status: in_force

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction: (1) The numerator shall be the number of months of actual service under the provisions of this subchapter; and (2) The denominator shall be two hundred forty (240) months. Acts 1999, No. 1066, § 2.

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction:

(1) The numerator shall be the number of months of actual service under the provisions of this subchapter; and

(2) The denominator shall be two hundred forty (240) months.

Acts 1999, No. 1066, § 2.
Ark. Code Ann. § 24-11-423 — AR Code / Title 24 / Chapter 11 / Subchapter 4 / Section 24-11-423
Benefits - Disability retirement
Status: in_force

(a) (1) (A) If any member of a police department becomes physically or mentally permanently disabled and this fact is certified by a physician named by the local board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years. (B) If the disabling injury or disease occurred while not actually performing work in gainful employment for the police department, the monthly benefit shall be equal to the benefit paid to normal service retirants. (C) (i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer. (iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987. (2) For purposes of computing all benefits under this section, the term "salary" means regular salary only and shall not include overtime pay, payments for unused accrued sick leave or annual leave, or the cash value of any nonrecurring or unusual remuneration. (b) A police officer retired for reasons of disability who has more than twenty (20) years of service shall also be entitled to receive any supplementary benefit for which he or she would otherwise be qualified under this section and § 24-11-422 . (c) (1) If a member of the police department is retired because of any disability and, if he or she shall have recovered from the disability, and this fact is certified by a physician, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department. (d) (1) In addition to the examination under subsection (c) of this section, the local board of trustees may require the member of the police department to have an examination by a physician named by the local board of trustees no more often than one (1) time every six (6) months, and, if the physician determines that the member of the police department has recovered from the disability, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department. (3) The local board of trustees shall pay for the cost of the additional physician's examination. Amended by Act 2013, No. 41,§ 15, eff. 2/6/2013. Acts 1937, No. 250, §§ 7, 9, 10; Pope's Dig., §§ 9862, 9864, 9865; Acts 1941, No. 82, §§ 1, 2; 1945, No. 176, §§ 2, 3; 1957, No. 415, § 2; 1963, No. 210, § 1; 1969, No. 288, § 1; 1971, No. 63, § 1; 1981, No. 987, § 1; 1983, No. 552, §§ 1, 2; A.S.A. 1947, §§ 19-1807, 19-1809, 19-1810; Acts 1987, No. 325, §§ 2, 3.

(a) (1) (A) If any member of a police department becomes physically or mentally permanently disabled and this fact is certified by a physician named by the local board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years. (B) If the disabling injury or disease occurred while not actually performing work in gainful employment for the police department, the monthly benefit shall be equal to the benefit paid to normal service retirants. (C) (i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer. (iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987. (2) For purposes of computing all benefits under this section, the term "salary" means regular salary only and shall not include overtime pay, payments for unused accrued sick leave or annual leave, or the cash value of any nonrecurring or unusual remuneration.

(1) (A) If any member of a police department becomes physically or mentally permanently disabled and this fact is certified by a physician named by the local board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years. (B) If the disabling injury or disease occurred while not actually performing work in gainful employment for the police department, the monthly benefit shall be equal to the benefit paid to normal service retirants. (C) (i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer. (iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987.

(A) If any member of a police department becomes physically or mentally permanently disabled and this fact is certified by a physician named by the local board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years.

(B) If the disabling injury or disease occurred while not actually performing work in gainful employment for the police department, the monthly benefit shall be equal to the benefit paid to normal service retirants.

(C) (i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer. (iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987.

(i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater.

(ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer.

(iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987.

(2) For purposes of computing all benefits under this section, the term "salary" means regular salary only and shall not include overtime pay, payments for unused accrued sick leave or annual leave, or the cash value of any nonrecurring or unusual remuneration.

(b) A police officer retired for reasons of disability who has more than twenty (20) years of service shall also be entitled to receive any supplementary benefit for which he or she would otherwise be qualified under this section and § 24-11-422 .

(c) (1) If a member of the police department is retired because of any disability and, if he or she shall have recovered from the disability, and this fact is certified by a physician, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department.

(1) If a member of the police department is retired because of any disability and, if he or she shall have recovered from the disability, and this fact is certified by a physician, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department.

(2) The time of the member's retirement shall be considered as continuous service in the police department.

(d) (1) In addition to the examination under subsection (c) of this section, the local board of trustees may require the member of the police department to have an examination by a physician named by the local board of trustees no more often than one (1) time every six (6) months, and, if the physician determines that the member of the police department has recovered from the disability, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department. (3) The local board of trustees shall pay for the cost of the additional physician's examination.

(1) In addition to the examination under subsection (c) of this section, the local board of trustees may require the member of the police department to have an examination by a physician named by the local board of trustees no more often than one (1) time every six (6) months, and, if the physician determines that the member of the police department has recovered from the disability, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department.

(2) The time of the member's retirement shall be considered as continuous service in the police department.

(3) The local board of trustees shall pay for the cost of the additional physician's examination.

Amended by Act 2013, No. 41,§ 15, eff. 2/6/2013.

Acts 1937, No. 250, §§ 7, 9, 10; Pope's Dig., §§ 9862, 9864, 9865; Acts 1941, No. 82, §§ 1, 2; 1945, No. 176, §§ 2, 3; 1957, No. 415, § 2; 1963, No. 210, § 1; 1969, No. 288, § 1; 1971, No. 63, § 1; 1981, No. 987, § 1; 1983, No. 552, §§ 1, 2; A.S.A. 1947, §§ 19-1807, 19-1809, 19-1810; Acts 1987, No. 325, §§ 2, 3.
Ark. Code Ann. § 24-10-611 — AR Code / Title 24 / Chapter 10 / Subchapter 6 / Section 24-10-611
Termination of covered employment
Status: in_force

(a) A member who terminates covered employment before attaining his or her normal retirement age, for a reason other than death, early retirement, or disability retirement, shall be entitled to an annuity computed in accordance with the provisions of this section, as it provides at the time of the last termination of covered employment, subject to the member's satisfying all of the following conditions: (1) (A) The member has five (5) years of credited service. (B) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement; (2) The member lives to his or her annuity starting date; (3) The member makes proper application for retirement and payment of the annuity to the Arkansas Local Police and Fire Retirement System not less than thirty (30) days nor more than ninety (90) days before the date he or she attains his or her normal retirement age; and (4) The annuity starting date shall be the first day of the calendar month next following the later of: (A) The date the member attains his or her normal retirement age; and (B) The date the proper application is received by the system. (b) (1) The monthly amount of a vested termination annuity shall be computed in the same manner as a normal annuity amount provided for in § 24-10-602 , but based upon his or her credited service and final average pay at the time of termination of covered employment. (2) If the effective date of the annuity is at least twelve (12) full months after termination, an amount of final average pay usable for the purposes of this section shall be redetermined. (3) (A) The redetermined amount shall be the amount of final average pay at the time of termination of covered employment increased by one-half (½) of any percentage increase in the inflation index for the period from three (3) months immediately preceding the termination to three (3) months immediately preceding the annuity effective date. (B) For an annuity with an effective date that is on or after July 1, 2019, the pay used for the annuity computation shall be the final average pay at the time of termination from paid service employment with the system. (4) He or she shall have the right to elect an option provided for in § 24-10-603 . Amended by Act 2019, No. 178,§ 8, eff. 3/31/2019. Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013. Amended by Act 2013, No. 1065,§ 10, eff. 4/11/2013. Amended by Act 2013, No. 40,§ 12, eff. 2/6/2013. Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; Acts 1997, No. 1136, § 3; 1999, No. 1070, § 5; 2007, No. 294, § 2.

(a) A member who terminates covered employment before attaining his or her normal retirement age, for a reason other than death, early retirement, or disability retirement, shall be entitled to an annuity computed in accordance with the provisions of this section, as it provides at the time of the last termination of covered employment, subject to the member's satisfying all of the following conditions: (1) (A) The member has five (5) years of credited service. (B) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement; (2) The member lives to his or her annuity starting date; (3) The member makes proper application for retirement and payment of the annuity to the Arkansas Local Police and Fire Retirement System not less than thirty (30) days nor more than ninety (90) days before the date he or she attains his or her normal retirement age; and (4) The annuity starting date shall be the first day of the calendar month next following the later of: (A) The date the member attains his or her normal retirement age; and (B) The date the proper application is received by the system.

(1) (A) The member has five (5) years of credited service. (B) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement;

(A) The member has five (5) years of credited service.

(B) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement;

(2) The member lives to his or her annuity starting date;

(3) The member makes proper application for retirement and payment of the annuity to the Arkansas Local Police and Fire Retirement System not less than thirty (30) days nor more than ninety (90) days before the date he or she attains his or her normal retirement age; and

(4) The annuity starting date shall be the first day of the calendar month next following the later of: (A) The date the member attains his or her normal retirement age; and (B) The date the proper application is received by the system.

(A) The date the member attains his or her normal retirement age; and

(B) The date the proper application is received by the system.

(b) (1) The monthly amount of a vested termination annuity shall be computed in the same manner as a normal annuity amount provided for in § 24-10-602 , but based upon his or her credited service and final average pay at the time of termination of covered employment. (2) If the effective date of the annuity is at least twelve (12) full months after termination, an amount of final average pay usable for the purposes of this section shall be redetermined. (3) (A) The redetermined amount shall be the amount of final average pay at the time of termination of covered employment increased by one-half (½) of any percentage increase in the inflation index for the period from three (3) months immediately preceding the termination to three (3) months immediately preceding the annuity effective date. (B) For an annuity with an effective date that is on or after July 1, 2019, the pay used for the annuity computation shall be the final average pay at the time of termination from paid service employment with the system. (4) He or she shall have the right to elect an option provided for in § 24-10-603 .

(1) The monthly amount of a vested termination annuity shall be computed in the same manner as a normal annuity amount provided for in § 24-10-602 , but based upon his or her credited service and final average pay at the time of termination of covered employment.

(2) If the effective date of the annuity is at least twelve (12) full months after termination, an amount of final average pay usable for the purposes of this section shall be redetermined.

(3) (A) The redetermined amount shall be the amount of final average pay at the time of termination of covered employment increased by one-half (½) of any percentage increase in the inflation index for the period from three (3) months immediately preceding the termination to three (3) months immediately preceding the annuity effective date. (B) For an annuity with an effective date that is on or after July 1, 2019, the pay used for the annuity computation shall be the final average pay at the time of termination from paid service employment with the system.

(A) The redetermined amount shall be the amount of final average pay at the time of termination of covered employment increased by one-half (½) of any percentage increase in the inflation index for the period from three (3) months immediately preceding the termination to three (3) months immediately preceding the annuity effective date.

(B) For an annuity with an effective date that is on or after July 1, 2019, the pay used for the annuity computation shall be the final average pay at the time of termination from paid service employment with the system.

(4) He or she shall have the right to elect an option provided for in § 24-10-603 .

Amended by Act 2019, No. 178,§ 8, eff. 3/31/2019.

Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013.

Amended by Act 2013, No. 1065,§ 10, eff. 4/11/2013.

Amended by Act 2013, No. 40,§ 12, eff. 2/6/2013.

Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; Acts 1997, No. 1136, § 3; 1999, No. 1070, § 5; 2007, No. 294, § 2.
Ark. Code Ann. § 24-7-301 — AR Code / Title 24 / Chapter 7 / Subchapter 3 / Section 24-7-301
Board of trustees - Members
Status: in_force

The general administration and responsibility for the proper operation of the Arkansas Teacher Retirement System and for making effective the provisions of this act are vested in a board of trustees of fifteen (15) persons as follows: (1) The Bank Commissioner, the Treasurer of State, the Auditor of State, and the Commissioner of Elementary and Secondary Education shall be ex officio trustees; (2) (A) Seven (7) members shall be elected active member trustees, each of whom shall have at least five (5) years of actual service in force and be an active member. For the purpose of this section and § 24-7-302 , participants in the Teacher Deferred Retirement Option Plan shall be considered active members. (B) Four (4) active member trustees shall be employed in a position that requires state licensure, but not an administrator's license. One (1) member trustee will be elected from each of the four (4) congressional districts. The four (4) member trustees shall be elected by the members employed in positions that require state licensure, but not an administrator's license. (C) (i) Two (2) active member trustees shall be employed in a position requiring an administrator's license, one (1) of whom shall be a superintendent or an educational cooperative director. (ii) These two (2) active member trustees shall be elected by members employed in positions requiring an administrator's license. (D) One (1) active member trustee shall be employed in a position not requiring state licensure. This member trustee shall be elected by members employed in positions not requiring state licensure; (3) One (1) trustee shall be a minority, as defined under § 1-2-503 , who: (A) Is an active or retired member of the system; (B) Is elected from the active and retired membership of the system; and (C) Has at least five (5) years of actual service; (4) (A) Three (3) retirees shall be elected retiree trustees by the retirees of the system. (B) Each retiree trustee shall be a retiree with an annuity being paid by the system at the beginning of his or her term of office; (5) The member and retiree trustees shall be elected in accordance with rules as have been adopted by the board to govern the elections; and (6) An employee working for the system is not eligible to be: (A) Elected or appointed to the board; or (B) A candidate to be elected or appointed to the board. Amended by Act 2023, No. 107,§ 21, eff. 7/1/2023. Amended by Act 2021, No. 279,§ 6, eff. 7/1/2021. Amended by Act 2019, No. 427,§ 7, eff. 7/1/2019. Amended by Act 2015, No. 301,§ 2, eff. 3/4/2015. Acts 1973, No. 427, § 3; 1983, No. 126, § 1; A.S.A. 1947, § 80-1438; Acts 1995, No. 523, § 1; 1997, No. 418, § 1; 1999, No. 866, § 1; 2007, No. 97, § 3.

The general administration and responsibility for the proper operation of the Arkansas Teacher Retirement System and for making effective the provisions of this act are vested in a board of trustees of fifteen (15) persons as follows:

(1) The Bank Commissioner, the Treasurer of State, the Auditor of State, and the Commissioner of Elementary and Secondary Education shall be ex officio trustees;

(2) (A) Seven (7) members shall be elected active member trustees, each of whom shall have at least five (5) years of actual service in force and be an active member. For the purpose of this section and § 24-7-302 , participants in the Teacher Deferred Retirement Option Plan shall be considered active members. (B) Four (4) active member trustees shall be employed in a position that requires state licensure, but not an administrator's license. One (1) member trustee will be elected from each of the four (4) congressional districts. The four (4) member trustees shall be elected by the members employed in positions that require state licensure, but not an administrator's license. (C) (i) Two (2) active member trustees shall be employed in a position requiring an administrator's license, one (1) of whom shall be a superintendent or an educational cooperative director. (ii) These two (2) active member trustees shall be elected by members employed in positions requiring an administrator's license. (D) One (1) active member trustee shall be employed in a position not requiring state licensure. This member trustee shall be elected by members employed in positions not requiring state licensure;

(A) Seven (7) members shall be elected active member trustees, each of whom shall have at least five (5) years of actual service in force and be an active member. For the purpose of this section and § 24-7-302 , participants in the Teacher Deferred Retirement Option Plan shall be considered active members.

(B) Four (4) active member trustees shall be employed in a position that requires state licensure, but not an administrator's license. One (1) member trustee will be elected from each of the four (4) congressional districts. The four (4) member trustees shall be elected by the members employed in positions that require state licensure, but not an administrator's license.

(C) (i) Two (2) active member trustees shall be employed in a position requiring an administrator's license, one (1) of whom shall be a superintendent or an educational cooperative director. (ii) These two (2) active member trustees shall be elected by members employed in positions requiring an administrator's license.

(i) Two (2) active member trustees shall be employed in a position requiring an administrator's license, one (1) of whom shall be a superintendent or an educational cooperative director.

(ii) These two (2) active member trustees shall be elected by members employed in positions requiring an administrator's license.

(D) One (1) active member trustee shall be employed in a position not requiring state licensure. This member trustee shall be elected by members employed in positions not requiring state licensure;

(3) One (1) trustee shall be a minority, as defined under § 1-2-503 , who: (A) Is an active or retired member of the system; (B) Is elected from the active and retired membership of the system; and (C) Has at least five (5) years of actual service;

(A) Is an active or retired member of the system;

(B) Is elected from the active and retired membership of the system; and

(C) Has at least five (5) years of actual service;

(4) (A) Three (3) retirees shall be elected retiree trustees by the retirees of the system. (B) Each retiree trustee shall be a retiree with an annuity being paid by the system at the beginning of his or her term of office;

(A) Three (3) retirees shall be elected retiree trustees by the retirees of the system.

(B) Each retiree trustee shall be a retiree with an annuity being paid by the system at the beginning of his or her term of office;

(5) The member and retiree trustees shall be elected in accordance with rules as have been adopted by the board to govern the elections; and

(6) An employee working for the system is not eligible to be: (A) Elected or appointed to the board; or (B) A candidate to be elected or appointed to the board.

(A) Elected or appointed to the board; or

(B) A candidate to be elected or appointed to the board.

Amended by Act 2023, No. 107,§ 21, eff. 7/1/2023.

Amended by Act 2021, No. 279,§ 6, eff. 7/1/2021.

Amended by Act 2019, No. 427,§ 7, eff. 7/1/2019.

Amended by Act 2015, No. 301,§ 2, eff. 3/4/2015.

Acts 1973, No. 427, § 3; 1983, No. 126, § 1; A.S.A. 1947, § 80-1438; Acts 1995, No. 523, § 1; 1997, No. 418, § 1; 1999, No. 866, § 1; 2007, No. 97, § 3.
Ark. Code Ann. § 24-11-202 — AR Code / Title 24 / Chapter 11 / Subchapter 2 / Section 24-11-202
Noncompliance with subchapter
Status: in_force

(a) If it is determined that a plan is not complying with the provisions of this subchapter, the Executive Director of the Arkansas Fire and Police Pension Review Board shall certify the noncompliance to the Secretary of the Department of Finance and Administration, who shall withhold all moneys otherwise due the plan from the state until compliance is achieved. (b) All actions taken by the executive director shall be subject to review and acceptance by the Arkansas Fire and Police Pension Review Board. Amended by Act 2019, No. 910,§ 3560, eff. 7/1/2019. Acts 1979, No. 700, § 5; 1981, No. 286, § 5; 1983, No. 512, § 4; 1985, No. 383, § 1; A.S.A. 1947, § 19-5705; Acts 2001, No. 1701, § 1.

(a) If it is determined that a plan is not complying with the provisions of this subchapter, the Executive Director of the Arkansas Fire and Police Pension Review Board shall certify the noncompliance to the Secretary of the Department of Finance and Administration, who shall withhold all moneys otherwise due the plan from the state until compliance is achieved.

(b) All actions taken by the executive director shall be subject to review and acceptance by the Arkansas Fire and Police Pension Review Board.

Amended by Act 2019, No. 910,§ 3560, eff. 7/1/2019.

Acts 1979, No. 700, § 5; 1981, No. 286, § 5; 1983, No. 512, § 4; 1985, No. 383, § 1; A.S.A. 1947, § 19-5705; Acts 2001, No. 1701, § 1.
Ark. Code Ann. § 24-10-607 — AR Code / Title 24 / Chapter 10 / Subchapter 6 / Section 24-10-607
Disability retirement - Definitions
Status: in_force

(a) (1) (A) (i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member. (ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement. (iii) [Repealed.] (iv) [Repealed.] (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board. (b) (1) (A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D) . (2) The member shall have the right to elect an option provided for in § 24-10-603 . (3) The member's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 . (c) (1) (A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member. (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board. (4) (A) A member who is hired on or after July 1, 2013, shall accrue ten (10) years of actual service to be eligible for retirement as provided in this subsection. (B) As used in this subsection: (i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and (ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty. (C) A finding that a member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (d) (1) (A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) However, for the sole purpose of computing the amount of the annuity from volunteer service for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service. (C) (i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board. (ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 . (iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (2) The retirant shall have the right to elect an option provided for in § 24-10-603 . (3) The retirant's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 . (e) (1) At least one (1) time each year following a member's retirement on account of disability, the board may require a disability retirant who has not attained age fifty-five (55) to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. (2) If the retirant refuses to submit to the medical examination, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal. (3) If the refusal of the retirant continues for ninety (90) calendar days, all the rights of the retirant in and to a disability annuity may be revoked by the board. (4) If, upon the medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate. (5) If the former disability retirant does not immediately again become an employee, then, for the purpose of determining his or her eligibility for any other system benefit, he or she shall be considered to have terminated active membership as of the time of disability retirement, but for a reason other than disability or death. (6) (A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit. (B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity. (C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived. (f) (1) Beginning July 1, 2003, a member of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, shall receive the greater benefit of sixty-five percent (65%) of the final average pay of the member or an amount equal to the annuity paid to retirants for each year of paid service resulting from employment. (2) However, the system shall not be responsible for making benefit payments retroactive to the effective date of the disability. (g) Except for a disability retirant, a retirant who again becomes an employee of an employer covered by the system shall not be eligible to apply for or receive benefits under this section if he or she becomes disabled. (h) An approved disability annuity shall be forfeited immediately if a retirant becomes employed in a position that has the retirant perform a duty similar to his or her former employment: (1) As a certified law enforcement officer; (2) As a certified firefighter; (3) As a first responder; or (4) Performing an emergency medical service function. (i) When determining eligibility to apply for or receive a benefit under this section, the following shall not be considered: (1) Workers' compensation laws; (2) Workers' compensation rules; (3) An opinion regarding workers' compensation; or (4) A determination regarding workers' compensation. Amended by Act 2023, No. 436,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 72,§ 10, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 9, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 8, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 7, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 6, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 5, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 4, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 3, eff. 4/1/2021. Amended by Act 2019, No. 638,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 178,§ 7, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 6, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 5, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 4, eff. 3/31/2019. Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013. Amended by Act 2013, No. 1065,§ 7, eff. 4/11/2013. Amended by Act 2013, No. 40,§ 10, eff. 2/6/2013. Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; Acts 1989, No. 9, §§ 1, 2; 1993, No. 1199, § 1; 1995, No. 643, § 1; 2001, No. 1132, § 1; 2003, No. 481, §§ 1, 2; 2003, No. 507, § 2; 2003, No. 1367, §§ 3, 4.

(a) (1) (A) (i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member. (ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement. (iii) [Repealed.] (iv) [Repealed.] (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board.

(1) (A) (i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member. (ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement. (iii) [Repealed.] (iv) [Repealed.] (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired.

(A) (i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member. (ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement. (iii) [Repealed.] (iv) [Repealed.]

(i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member.

(ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement.

(iii) [Repealed.]

(iv) [Repealed.]

(B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired.

(2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership.

(3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board.

(b) (1) (A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D) . (2) The member shall have the right to elect an option provided for in § 24-10-603 . (3) The member's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 .

(1) (A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D) .

(A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602 .

(B) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D) .

(2) The member shall have the right to elect an option provided for in § 24-10-603 .

(3) The member's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 .

(c) (1) (A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member. (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board. (4) (A) A member who is hired on or after July 1, 2013, shall accrue ten (10) years of actual service to be eligible for retirement as provided in this subsection. (B) As used in this subsection: (i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and (ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty. (C) A finding that a member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(1) (A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member. (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired.

(A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member.

(B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired.

(2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership.

(3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board.

(4) (A) A member who is hired on or after July 1, 2013, shall accrue ten (10) years of actual service to be eligible for retirement as provided in this subsection. (B) As used in this subsection: (i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and (ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty. (C) A finding that a member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(A) A member who is hired on or after July 1, 2013, shall accrue ten (10) years of actual service to be eligible for retirement as provided in this subsection.

(B) As used in this subsection: (i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and (ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty.

(i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and

(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;

(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or

(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and

(ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty.

(C) A finding that a member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(d) (1) (A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) However, for the sole purpose of computing the amount of the annuity from volunteer service for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service. (C) (i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board. (ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 . (iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (2) The retirant shall have the right to elect an option provided for in § 24-10-603 . (3) The retirant's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 .

(1) (A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) However, for the sole purpose of computing the amount of the annuity from volunteer service for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service. (C) (i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board. (ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 . (iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602 .

(B) However, for the sole purpose of computing the amount of the annuity from volunteer service for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service.

(C) (i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board. (ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 . (iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board.

(ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or

(b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 .

(a) Sixty-five percent (65%) of the final average pay of the member; or

(b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 .

(iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(a) Fifteen percent (15%) of the final average pay of the member; or

(b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 .

(2) The retirant shall have the right to elect an option provided for in § 24-10-603 .

(3) The retirant's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 .

(e) (1) At least one (1) time each year following a member's retirement on account of disability, the board may require a disability retirant who has not attained age fifty-five (55) to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. (2) If the retirant refuses to submit to the medical examination, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal. (3) If the refusal of the retirant continues for ninety (90) calendar days, all the rights of the retirant in and to a disability annuity may be revoked by the board. (4) If, upon the medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate. (5) If the former disability retirant does not immediately again become an employee, then, for the purpose of determining his or her eligibility for any other system benefit, he or she shall be considered to have terminated active membership as of the time of disability retirement, but for a reason other than disability or death. (6) (A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit. (B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity. (C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived.

(1) At least one (1) time each year following a member's retirement on account of disability, the board may require a disability retirant who has not attained age fifty-five (55) to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board.

(2) If the retirant refuses to submit to the medical examination, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal.

(3) If the refusal of the retirant continues for ninety (90) calendar days, all the rights of the retirant in and to a disability annuity may be revoked by the board.

(4) If, upon the medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate.

(5) If the former disability retirant does not immediately again become an employee, then, for the purpose of determining his or her eligibility for any other system benefit, he or she shall be considered to have terminated active membership as of the time of disability retirement, but for a reason other than disability or death.

(6) (A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit. (B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity. (C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived.

(A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit.

(B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity.

(C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived.

(f) (1) Beginning July 1, 2003, a member of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, shall receive the greater benefit of sixty-five percent (65%) of the final average pay of the member or an amount equal to the annuity paid to retirants for each year of paid service resulting from employment. (2) However, the system shall not be responsible for making benefit payments retroactive to the effective date of the disability.

(1) Beginning July 1, 2003, a member of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, shall receive the greater benefit of sixty-five percent (65%) of the final average pay of the member or an amount equal to the annuity paid to retirants for each year of paid service resulting from employment.

(2) However, the system shall not be responsible for making benefit payments retroactive to the effective date of the disability.

(g) Except for a disability retirant, a retirant who again becomes an employee of an employer covered by the system shall not be eligible to apply for or receive benefits under this section if he or she becomes disabled.

(h) An approved disability annuity shall be forfeited immediately if a retirant becomes employed in a position that has the retirant perform a duty similar to his or her former employment: (1) As a certified law enforcement officer; (2) As a certified firefighter; (3) As a first responder; or (4) Performing an emergency medical service function.

(1) As a certified law enforcement officer;

(2) As a certified firefighter;

(3) As a first responder; or

(4) Performing an emergency medical service function.

(i) When determining eligibility to apply for or receive a benefit under this section, the following shall not be considered: (1) Workers' compensation laws; (2) Workers' compensation rules; (3) An opinion regarding workers' compensation; or (4) A determination regarding workers' compensation.

(1) Workers' compensation laws;

(2) Workers' compensation rules;

(3) An opinion regarding workers' compensation; or

(4) A determination regarding workers' compensation.

Amended by Act 2023, No. 436,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 72,§ 10, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 9, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 8, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 7, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 6, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 5, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 4, eff. 4/1/2021.

Amended by Act 2021, No. 72,§ 3, eff. 4/1/2021.

Amended by Act 2019, No. 638,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 178,§ 7, eff. 3/31/2019.

Amended by Act 2019, No. 178,§ 6, eff. 3/31/2019.

Amended by Act 2019, No. 178,§ 5, eff. 3/31/2019.

Amended by Act 2019, No. 178,§ 4, eff. 3/31/2019.

Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013.

Amended by Act 2013, No. 1065,§ 7, eff. 4/11/2013.

Amended by Act 2013, No. 40,§ 10, eff. 2/6/2013.

Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; Acts 1989, No. 9, §§ 1, 2; 1993, No. 1199, § 1; 1995, No. 643, § 1; 2001, No. 1132, § 1; 2003, No. 481, §§ 1, 2; 2003, No. 507, § 2; 2003, No. 1367, §§ 3, 4.
Ark. Code Ann. § 24-4-901 — AR Code / Title 24 / Chapter 4 / Subchapter 9 / Section 24-4-901
Credited service - Reciprocity
Status: in_force

(a) (1) Upon the retirement of a member whose credited service results from employment covered by: (A) The Arkansas Public Employees' Retirement System; (B) The State Police Retirement System; (C) The Arkansas Teacher Retirement System; (D) The Arkansas State Highway Employees' Retirement System; (E) The Arkansas Judicial Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, the amount of the member's annuity shall be based upon his or her total credited service in force at the time of the member's retirement, exclusive of any minimums. (2) Each retirement system shall be responsible financially for only that portion of the annuity based upon the credited service in the plan or system. (3) (A) The final average compensation on which benefits shall be determined shall be based on the period of total credited service for: (i) The Arkansas Public Employees' Retirement System; (ii) The State Police Retirement System; (iii) The Arkansas Teacher Retirement System; (iv) The Arkansas State Highway Employees' Retirement System; and (v) The Arkansas Local Police and Fire Retirement System, with each plan or system computing the final average compensation by the method as determined by its laws. (B) Compensation for credited service in the Arkansas Judicial Retirement System or an alternate retirement plan as defined in § 24-7-202 shall not be used to determine final average compensation. (4) The final average compensation for persons receiving benefits from the Arkansas State Highway Employees' Retirement System shall be based on the final average compensation at the date of termination of employment covered by that system. (5) The benefit program to be applied to each portion of credited service shall be the benefit program in effect in each plan or system at the time of retirement. (b) (1) Upon the retirement on disability or death in service of a member of either: (A) The Arkansas Public Employees' Retirement System; (B) The Arkansas Teacher Retirement System; (C) The Arkansas State Highway Employees' Retirement System; (D) The Arkansas Judicial Retirement System; (E) The State Police Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, who has credited service in more than one (1) of the plans, an annuity shall be payable based upon the member's total credited service with all systems in force at the time of retirement, with each system being responsible for the payment of such disability or death-in-service benefits as are provided by the applicable provisions of each system's laws or plan's provisions. (2) If the greatest benefit payable to a survivor is a minimum percentage of the deceased member's final pay or a minimum dollar amount, then each reciprocal system that has a minimum benefit provision in its plan shall only pay a proportionate share of the minimum amount based on the ratio of service in the system to the total service in all reciprocal systems. (3) A member who dies in service while a member of one (1) reciprocal system shall be considered as currently employed by all systems in which the member has credited service at the time of death. (4) If a member has service credit in an alternate retirement plan as defined in § 24-7-202 , disability and death-in-service benefits shall be contingent on provision of those benefits having been provided by the alternate retirement plan and having been selected by the member as a benefit. (c) Any person retiring on or after July 1, 1982, with credited service in more than one (1) reciprocal system shall have his or her benefits recomputed based on the provisions of this section. (d) It is the intent of this section to provide reciprocal service credits, as provided by §§ 24-2-401 - 24-2-405 , between contributory and noncontributory members of: (1) The Arkansas Public Employees' Retirement System; (2) The Arkansas Teacher Retirement System; (3) The Arkansas Judicial Retirement System; (4) The Arkansas State Highway Employees' Retirement System; (5) The State Police Retirement System; (6) An alternate retirement plan as defined in § 24-7-202 ; and (7) The Arkansas Local Police and Fire Retirement System. (e) A member of the Arkansas Public Employees' Retirement System who is receiving a retirement annuity from another reciprocal system as defined in subsection (d) of this section shall not be eligible to use the reciprocal provisions of this section or the reciprocal provisions of §§ 24-2-401 - 24-2-405 to determine the benefit payable by the Arkansas Public Employees' Retirement System. Amended by Act 2023, No. 107,§ 11, eff. 7/1/2023. Amended by Act 2023, No. 107,§ 10, eff. 7/1/2023. Amended by Act 2023, No. 107,§ 9, eff. 7/1/2023. Amended by Act 2023, No. 107,§ 8, eff. 7/1/2023. Amended by Act 2023, No. 107,§ 7, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 2368, eff. 7/1/2019. Acts 2001, No. 151, § 53.

(a) (1) Upon the retirement of a member whose credited service results from employment covered by: (A) The Arkansas Public Employees' Retirement System; (B) The State Police Retirement System; (C) The Arkansas Teacher Retirement System; (D) The Arkansas State Highway Employees' Retirement System; (E) The Arkansas Judicial Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, the amount of the member's annuity shall be based upon his or her total credited service in force at the time of the member's retirement, exclusive of any minimums. (2) Each retirement system shall be responsible financially for only that portion of the annuity based upon the credited service in the plan or system. (3) (A) The final average compensation on which benefits shall be determined shall be based on the period of total credited service for: (i) The Arkansas Public Employees' Retirement System; (ii) The State Police Retirement System; (iii) The Arkansas Teacher Retirement System; (iv) The Arkansas State Highway Employees' Retirement System; and (v) The Arkansas Local Police and Fire Retirement System, with each plan or system computing the final average compensation by the method as determined by its laws. (B) Compensation for credited service in the Arkansas Judicial Retirement System or an alternate retirement plan as defined in § 24-7-202 shall not be used to determine final average compensation. (4) The final average compensation for persons receiving benefits from the Arkansas State Highway Employees' Retirement System shall be based on the final average compensation at the date of termination of employment covered by that system. (5) The benefit program to be applied to each portion of credited service shall be the benefit program in effect in each plan or system at the time of retirement.

(1) Upon the retirement of a member whose credited service results from employment covered by: (A) The Arkansas Public Employees' Retirement System; (B) The State Police Retirement System; (C) The Arkansas Teacher Retirement System; (D) The Arkansas State Highway Employees' Retirement System; (E) The Arkansas Judicial Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, the amount of the member's annuity shall be based upon his or her total credited service in force at the time of the member's retirement, exclusive of any minimums.

(A) The Arkansas Public Employees' Retirement System;

(B) The State Police Retirement System;

(C) The Arkansas Teacher Retirement System;

(D) The Arkansas State Highway Employees' Retirement System;

(E) The Arkansas Judicial Retirement System;

(F) An alternate retirement plan as defined in § 24-7-202 ; or

(G) The Arkansas Local Police and Fire Retirement System, the amount of the member's annuity shall be based upon his or her total credited service in force at the time of the member's retirement, exclusive of any minimums.

the amount of the member's annuity shall be based upon his or her total credited service in force at the time of the member's retirement, exclusive of any minimums.

(2) Each retirement system shall be responsible financially for only that portion of the annuity based upon the credited service in the plan or system.

(3) (A) The final average compensation on which benefits shall be determined shall be based on the period of total credited service for: (i) The Arkansas Public Employees' Retirement System; (ii) The State Police Retirement System; (iii) The Arkansas Teacher Retirement System; (iv) The Arkansas State Highway Employees' Retirement System; and (v) The Arkansas Local Police and Fire Retirement System, with each plan or system computing the final average compensation by the method as determined by its laws. (B) Compensation for credited service in the Arkansas Judicial Retirement System or an alternate retirement plan as defined in § 24-7-202 shall not be used to determine final average compensation.

(A) The final average compensation on which benefits shall be determined shall be based on the period of total credited service for: (i) The Arkansas Public Employees' Retirement System; (ii) The State Police Retirement System; (iii) The Arkansas Teacher Retirement System; (iv) The Arkansas State Highway Employees' Retirement System; and (v) The Arkansas Local Police and Fire Retirement System, with each plan or system computing the final average compensation by the method as determined by its laws.

(i) The Arkansas Public Employees' Retirement System;

(ii) The State Police Retirement System;

(iii) The Arkansas Teacher Retirement System;

(iv) The Arkansas State Highway Employees' Retirement System; and

(v) The Arkansas Local Police and Fire Retirement System, with each plan or system computing the final average compensation by the method as determined by its laws.

with each plan or system computing the final average compensation by the method as determined by its laws.

(B) Compensation for credited service in the Arkansas Judicial Retirement System or an alternate retirement plan as defined in § 24-7-202 shall not be used to determine final average compensation.

(4) The final average compensation for persons receiving benefits from the Arkansas State Highway Employees' Retirement System shall be based on the final average compensation at the date of termination of employment covered by that system.

(5) The benefit program to be applied to each portion of credited service shall be the benefit program in effect in each plan or system at the time of retirement.

(b) (1) Upon the retirement on disability or death in service of a member of either: (A) The Arkansas Public Employees' Retirement System; (B) The Arkansas Teacher Retirement System; (C) The Arkansas State Highway Employees' Retirement System; (D) The Arkansas Judicial Retirement System; (E) The State Police Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, who has credited service in more than one (1) of the plans, an annuity shall be payable based upon the member's total credited service with all systems in force at the time of retirement, with each system being responsible for the payment of such disability or death-in-service benefits as are provided by the applicable provisions of each system's laws or plan's provisions. (2) If the greatest benefit payable to a survivor is a minimum percentage of the deceased member's final pay or a minimum dollar amount, then each reciprocal system that has a minimum benefit provision in its plan shall only pay a proportionate share of the minimum amount based on the ratio of service in the system to the total service in all reciprocal systems. (3) A member who dies in service while a member of one (1) reciprocal system shall be considered as currently employed by all systems in which the member has credited service at the time of death. (4) If a member has service credit in an alternate retirement plan as defined in § 24-7-202 , disability and death-in-service benefits shall be contingent on provision of those benefits having been provided by the alternate retirement plan and having been selected by the member as a benefit.

(1) Upon the retirement on disability or death in service of a member of either: (A) The Arkansas Public Employees' Retirement System; (B) The Arkansas Teacher Retirement System; (C) The Arkansas State Highway Employees' Retirement System; (D) The Arkansas Judicial Retirement System; (E) The State Police Retirement System; (F) An alternate retirement plan as defined in § 24-7-202 ; or (G) The Arkansas Local Police and Fire Retirement System, who has credited service in more than one (1) of the plans, an annuity shall be payable based upon the member's total credited service with all systems in force at the time of retirement, with each system being responsible for the payment of such disability or death-in-service benefits as are provided by the applicable provisions of each system's laws or plan's provisions.

(A) The Arkansas Public Employees' Retirement System;

(B) The Arkansas Teacher Retirement System;

(C) The Arkansas State Highway Employees' Retirement System;

(D) The Arkansas Judicial Retirement System;

(E) The State Police Retirement System;

(F) An alternate retirement plan as defined in § 24-7-202 ; or

(G) The Arkansas Local Police and Fire Retirement System, who has credited service in more than one (1) of the plans, an annuity shall be payable based upon the member's total credited service with all systems in force at the time of retirement, with each system being responsible for the payment of such disability or death-in-service benefits as are provided by the applicable provisions of each system's laws or plan's provisions.

who has credited service in more than one (1) of the plans, an annuity shall be payable based upon the member's total credited service with all systems in force at the time of retirement, with each system being responsible for the payment of such disability or death-in-service benefits as are provided by the applicable provisions of each system's laws or plan's provisions.

(2) If the greatest benefit payable to a survivor is a minimum percentage of the deceased member's final pay or a minimum dollar amount, then each reciprocal system that has a minimum benefit provision in its plan shall only pay a proportionate share of the minimum amount based on the ratio of service in the system to the total service in all reciprocal systems.

(3) A member who dies in service while a member of one (1) reciprocal system shall be considered as currently employed by all systems in which the member has credited service at the time of death.

(4) If a member has service credit in an alternate retirement plan as defined in § 24-7-202 , disability and death-in-service benefits shall be contingent on provision of those benefits having been provided by the alternate retirement plan and having been selected by the member as a benefit.

(c) Any person retiring on or after July 1, 1982, with credited service in more than one (1) reciprocal system shall have his or her benefits recomputed based on the provisions of this section.

(d) It is the intent of this section to provide reciprocal service credits, as provided by §§ 24-2-401 - 24-2-405 , between contributory and noncontributory members of: (1) The Arkansas Public Employees' Retirement System; (2) The Arkansas Teacher Retirement System; (3) The Arkansas Judicial Retirement System; (4) The Arkansas State Highway Employees' Retirement System; (5) The State Police Retirement System; (6) An alternate retirement plan as defined in § 24-7-202 ; and (7) The Arkansas Local Police and Fire Retirement System.

(1) The Arkansas Public Employees' Retirement System;

(2) The Arkansas Teacher Retirement System;

(3) The Arkansas Judicial Retirement System;

(4) The Arkansas State Highway Employees' Retirement System;

(5) The State Police Retirement System;

(6) An alternate retirement plan as defined in § 24-7-202 ; and

(7) The Arkansas Local Police and Fire Retirement System.

(e) A member of the Arkansas Public Employees' Retirement System who is receiving a retirement annuity from another reciprocal system as defined in subsection (d) of this section shall not be eligible to use the reciprocal provisions of this section or the reciprocal provisions of §§ 24-2-401 - 24-2-405 to determine the benefit payable by the Arkansas Public Employees' Retirement System.

Amended by Act 2023, No. 107,§ 11, eff. 7/1/2023.

Amended by Act 2023, No. 107,§ 10, eff. 7/1/2023.

Amended by Act 2023, No. 107,§ 9, eff. 7/1/2023.

Amended by Act 2023, No. 107,§ 8, eff. 7/1/2023.

Amended by Act 2023, No. 107,§ 7, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 2368, eff. 7/1/2019.

Acts 2001, No. 151, § 53.
Ark. Code Ann. § 24-11-819 — AR Code / Title 24 / Chapter 11 / Subchapter 8 / Section 24-11-819
Benefits - Disability retirement
Status: in_force

(a) (1) Any firefighter who becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of personal injury or disease may be retired by the board, upon written application filed by or on behalf of the member, if, after medical examination of the member made by or under the direction of a physician designated by the board, the physician reports in writing that the member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the firefighter should be retired. (2) The benefit amount shall be as follows: (A) If the disabling injury or disease occurred while not actually performing work in gainful employment for the fire department, the monthly benefit shall be equal to the benefit paid to normal service retirants; or (B) (i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) (a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report. (iii) (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age. (iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826 . (3) For purposes of computing all benefits, "salary" means recurring pays which are received for a regularly scheduled workweek and shall not include payments for unused accrued sick leave or annual leave or the cash value of any nonrecurring or unusual remunerations. (4) Any disability benefit approved under this section shall be effective the first day of the calendar month next following the latter of either the firefighter's termination of active membership or six (6) months before the date the written application was filed with the board. (5) In the event that a firefighter's disability ceases, his or her benefit shall also cease, and he or she shall be returned to active service at not less than the same salary he or she received at the time of his or her retirement. (b) (1) No person shall be retired as provided in this section or receive any pension from the fund unless there shall be filed with the board certificates of his or her disability. The certificates shall be subscribed and sworn to by the person and by the city or town physician, if there is one, and by the firemen's relief and pension fund physician. (2) The board may require other evidence of disability before ordering the retirement and payment as provided in this section. (c) (1) At least one (1) time each year during the first five (5) years, or as often as required by the board following a member's retirement for disability and at least one (1) time each three (3) years thereafter, the board may require any disability retirant who has not attained the normal retirement age to undergo a medical examination by or under the direction of a physician or physicians designated by the board. (2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until he or she complies with the provisions of this section. (3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board. (4) If, upon such medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate. Amended by Act 2013, No. 41,§ 28, eff. 2/6/2013. Acts 1921, No. 491, §§ 5-7, 9; Pope's Dig., §§ 7741-7743, 7745; Acts 1955, No. 76, § 1; 1957, No. 95, § 1; 1968 (1st Ex. Sess.), No. 24, § 6; A.S.A. 1947, §§ 19-2205 -- 19-2207, 19-2209; Acts 1987, No. 325, § 1; 1989, No. 375, § 1; 1989, No. 390, § 1; 1989, No. 391, § 1; 1991, No. 391, § 1; 1991, No. 844, § 1; 2001, No. 1806, § 1.

(a) (1) Any firefighter who becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of personal injury or disease may be retired by the board, upon written application filed by or on behalf of the member, if, after medical examination of the member made by or under the direction of a physician designated by the board, the physician reports in writing that the member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the firefighter should be retired. (2) The benefit amount shall be as follows: (A) If the disabling injury or disease occurred while not actually performing work in gainful employment for the fire department, the monthly benefit shall be equal to the benefit paid to normal service retirants; or (B) (i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) (a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report. (iii) (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age. (iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826 . (3) For purposes of computing all benefits, "salary" means recurring pays which are received for a regularly scheduled workweek and shall not include payments for unused accrued sick leave or annual leave or the cash value of any nonrecurring or unusual remunerations. (4) Any disability benefit approved under this section shall be effective the first day of the calendar month next following the latter of either the firefighter's termination of active membership or six (6) months before the date the written application was filed with the board. (5) In the event that a firefighter's disability ceases, his or her benefit shall also cease, and he or she shall be returned to active service at not less than the same salary he or she received at the time of his or her retirement.

(1) Any firefighter who becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of personal injury or disease may be retired by the board, upon written application filed by or on behalf of the member, if, after medical examination of the member made by or under the direction of a physician designated by the board, the physician reports in writing that the member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the firefighter should be retired.

(2) The benefit amount shall be as follows: (A) If the disabling injury or disease occurred while not actually performing work in gainful employment for the fire department, the monthly benefit shall be equal to the benefit paid to normal service retirants; or (B) (i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) (a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report. (iii) (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age. (iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826 .

(A) If the disabling injury or disease occurred while not actually performing work in gainful employment for the fire department, the monthly benefit shall be equal to the benefit paid to normal service retirants; or

(B) (i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) (a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report. (iii) (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age. (iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826 .

(i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater.

(ii) (a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report.

(a) For purposes of this section, "injured in the line of duty" means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter.

(b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination and report.

(iii) (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age.

(a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen's relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System.

(b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age.

(iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826 .

(3) For purposes of computing all benefits, "salary" means recurring pays which are received for a regularly scheduled workweek and shall not include payments for unused accrued sick leave or annual leave or the cash value of any nonrecurring or unusual remunerations.

(4) Any disability benefit approved under this section shall be effective the first day of the calendar month next following the latter of either the firefighter's termination of active membership or six (6) months before the date the written application was filed with the board.

(5) In the event that a firefighter's disability ceases, his or her benefit shall also cease, and he or she shall be returned to active service at not less than the same salary he or she received at the time of his or her retirement.

(b) (1) No person shall be retired as provided in this section or receive any pension from the fund unless there shall be filed with the board certificates of his or her disability. The certificates shall be subscribed and sworn to by the person and by the city or town physician, if there is one, and by the firemen's relief and pension fund physician. (2) The board may require other evidence of disability before ordering the retirement and payment as provided in this section.

(1) No person shall be retired as provided in this section or receive any pension from the fund unless there shall be filed with the board certificates of his or her disability. The certificates shall be subscribed and sworn to by the person and by the city or town physician, if there is one, and by the firemen's relief and pension fund physician.

(2) The board may require other evidence of disability before ordering the retirement and payment as provided in this section.

(c) (1) At least one (1) time each year during the first five (5) years, or as often as required by the board following a member's retirement for disability and at least one (1) time each three (3) years thereafter, the board may require any disability retirant who has not attained the normal retirement age to undergo a medical examination by or under the direction of a physician or physicians designated by the board. (2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until he or she complies with the provisions of this section. (3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board. (4) If, upon such medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate.

(1) At least one (1) time each year during the first five (5) years, or as often as required by the board following a member's retirement for disability and at least one (1) time each three (3) years thereafter, the board may require any disability retirant who has not attained the normal retirement age to undergo a medical examination by or under the direction of a physician or physicians designated by the board.

(2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until he or she complies with the provisions of this section.

(3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board.

(4) If, upon such medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate.

Amended by Act 2013, No. 41,§ 28, eff. 2/6/2013.

Acts 1921, No. 491, §§ 5-7, 9; Pope's Dig., §§ 7741-7743, 7745; Acts 1955, No. 76, § 1; 1957, No. 95, § 1; 1968 (1st Ex. Sess.), No. 24, § 6; A.S.A. 1947, §§ 19-2205 -- 19-2207, 19-2209; Acts 1987, No. 325, § 1; 1989, No. 375, § 1; 1989, No. 390, § 1; 1989, No. 391, § 1; 1991, No. 391, § 1; 1991, No. 844, § 1; 2001, No. 1806, § 1.
Ark. Code Ann. § 24-8-223 — AR Code / Title 24 / Chapter 8 / Subchapter 2 / Section 24-8-223
Redetermination of benefits
Status: in_force

(a) Each July 1 the Arkansas Judicial Retirement System shall redetermine the amount of each monthly benefit which has been payable by the system for at least twelve (12) full calendar months. The redetermined amount shall be payable for the following twelve (12) calendar months. (b) The redetermined amount shall be the amount of benefit payable as of the immediately preceding July 1 increased by three percent (3%). (c) This method of redetermination of the amount of the retirement benefits shall be applicable to any judge first elected after July 1, 1983. Acts 1995, No. 887, §§ 1-3; 1997, No. 129, § 1; 1999, No. 388, § 1.

(a) Each July 1 the Arkansas Judicial Retirement System shall redetermine the amount of each monthly benefit which has been payable by the system for at least twelve (12) full calendar months. The redetermined amount shall be payable for the following twelve (12) calendar months.

(b) The redetermined amount shall be the amount of benefit payable as of the immediately preceding July 1 increased by three percent (3%).

(c) This method of redetermination of the amount of the retirement benefits shall be applicable to any judge first elected after July 1, 1983.

Acts 1995, No. 887, §§ 1-3; 1997, No. 129, § 1; 1999, No. 388, § 1.
Ark. Code Ann. § 24-2-405 — AR Code / Title 24 / Chapter 2 / Subchapter 4 / Section 24-2-405
Disability benefits
Status: in_force

(a) A member of a reciprocal system with five (5) or more years of credited service in two (2) or more reciprocal systems shall be eligible to apply for disability benefits from each reciprocal system in which he or she has credited service. (b) Each reciprocal system shall make the determination under its respective rules as to whether the member is eligible for disability benefits. (c) The member shall be eligible for a refund of his or her accumulated contributions plus interest, if any, from any reciprocal system in which he or she does not qualify for disability benefits. This refund shall not alter his or her eligibility for benefits from any other reciprocal system. Amended by Act 2019, No. 315,§ 2846, eff. 7/24/2019. Acts 1965, No. 488, § 3; 1971, No. 579, § 3; 1975, No. 611, § 3; A.S.A. 1947, § 12-2539; Acts 2001, No. 151, § 6.

(a) A member of a reciprocal system with five (5) or more years of credited service in two (2) or more reciprocal systems shall be eligible to apply for disability benefits from each reciprocal system in which he or she has credited service.

(b) Each reciprocal system shall make the determination under its respective rules as to whether the member is eligible for disability benefits.

(c) The member shall be eligible for a refund of his or her accumulated contributions plus interest, if any, from any reciprocal system in which he or she does not qualify for disability benefits. This refund shall not alter his or her eligibility for benefits from any other reciprocal system.

Amended by Act 2019, No. 315,§ 2846, eff. 7/24/2019.

Acts 1965, No. 488, § 3; 1971, No. 579, § 3; 1975, No. 611, § 3; A.S.A. 1947, § 12-2539; Acts 2001, No. 151, § 6.
Ark. Code Ann. § 24-4-102 — AR Code / Title 24 / Chapter 4 / Subchapter 1 / Section 24-4-102
Penalty
Status: in_force

Any person who knowingly makes any false statements or who falsifies or permits to be falsified any record in an attempt to defraud the Arkansas Public Employees' Retirement System as the result of such an act shall be guilty of a Class A misdemeanor. Acts 1957, No. 177, § 5; 1959, No. 42, § 5; 1965, No. 153, § 5; 1981, No. 859, § 5; A.S.A. 1947, § 12-2505; Acts 2005, No. 1994, § 362.

Any person who knowingly makes any false statements or who falsifies or permits to be falsified any record in an attempt to defraud the Arkansas Public Employees' Retirement System as the result of such an act shall be guilty of a Class A misdemeanor.

Acts 1957, No. 177, § 5; 1959, No. 42, § 5; 1965, No. 153, § 5; 1981, No. 859, § 5; A.S.A. 1947, § 12-2505; Acts 2005, No. 1994, § 362.
Ark. Code Ann. § 24-12-106 — AR Code / Title 24 / Chapter 12 / Subchapter 1 / Section 24-12-106
List of retired employees
Status: in_force

(a) There shall be kept in the office of the board of trustees pension and relief fund for paid nonuniformed employees, by the secretary, a book known as the "list of retired paid nonuniformed employees". (b) The book shall give the full and complete history and record of action of the board in retiring any and all persons under this act. (c) The record shall give the name, date of joining the service or department, date of retirement and reason thereof, and the date and finding of the physician of each examination made of disabled employees retired under the provisions of this act. Acts 1949, No. 147, § 12; A.S.A. 1947, § 19-933.

(a) There shall be kept in the office of the board of trustees pension and relief fund for paid nonuniformed employees, by the secretary, a book known as the "list of retired paid nonuniformed employees".

(b) The book shall give the full and complete history and record of action of the board in retiring any and all persons under this act.

(c) The record shall give the name, date of joining the service or department, date of retirement and reason thereof, and the date and finding of the physician of each examination made of disabled employees retired under the provisions of this act.

Acts 1949, No. 147, § 12; A.S.A. 1947, § 19-933.
Ark. Code Ann. § 24-11-212 — AR Code / Title 24 / Chapter 11 / Subchapter 2 / Section 24-11-212
Future Supplement Fund
Status: in_force

(a) A Future Supplement Fund is created for the purpose of providing cost-of-living assistance and minimum-benefit-amount assistance to policemen's pension and relief funds and firemen's relief and pension funds. (b) The Future Supplement Fund shall be administered by the Arkansas Fire and Police Pension Review Board. (c) Each year the Future Supplement Fund shall receive moneys from the premium tax allocation under § 24-11-214 based on the total of the amounts listed in subdivision (d)(1) of this section. (d) (1) Beginning on June 30, 2019, and continuing on June 30 of each following year, the Future Supplement Fund may distribute to local policemen's pension and relief funds and local firemen's relief and pension funds to pay retired members, beneficiaries, or members of a deferred retirement option plan the following: (A) Two thousand two hundred forty dollars ($2,240) to each retired member, beneficiary, or member of the deferred retirement option plan of a policemen's pension and relief fund; (B) One thousand six hundred twenty dollars ($1,620) to each retired member, beneficiary, or member of the deferred retirement option plan who was a paid member of a firemen's relief and pension fund; and (C) Three hundred dollars ($300) to each retired member or beneficiary who was a volunteer member of a firemen's relief and pension fund. (2) Beginning on June 30, 2020, and continuing each following year, the amounts listed in subdivision (d)(1) of this section shall be increased by a two-and-five-tenths-percent compound cost-of-living adjustment. (3) Beginning on June 30, 2020, and continuing each following year, the amount distributed to a paid member of the firemen's relief and pension fund shall be increased in seven (7) installments until the amount, beginning on June 30, 2026, is equal to the amount distributed to each member of the policemen's pension and relief fund. (e) At the time that there are no longer any members covered by local policemen's pension and relief funds and local firemen's relief and pension funds, any remainder of the Future Supplement Fund shall be transferred to the Arkansas Local Police and Fire Retirement System to be used solely by a covered employer to defray the covered employer's employer contribution costs to the system. (f) The Arkansas Fire and Police Pension Review Board may use an amount allocated in previous years that has not been distributed for the Future Supplement Fund to: (1) Ensure the distribution of an amount listed in subdivision (d)(1) of this section; and (2) Help offset a reduction described in § 24-11-215 . Amended by Act 2019, No. 465,§ 1, eff. 5/1/2019. Acts 2001, No. 1543, § 3; 2003, No. 1373, § 1; 2005, No. 1962, § 112; 2007, No. 73, § 2; 2007, No. 849, § 1.

(a) A Future Supplement Fund is created for the purpose of providing cost-of-living assistance and minimum-benefit-amount assistance to policemen's pension and relief funds and firemen's relief and pension funds.

(b) The Future Supplement Fund shall be administered by the Arkansas Fire and Police Pension Review Board.

(c) Each year the Future Supplement Fund shall receive moneys from the premium tax allocation under § 24-11-214 based on the total of the amounts listed in subdivision (d)(1) of this section.

(d) (1) Beginning on June 30, 2019, and continuing on June 30 of each following year, the Future Supplement Fund may distribute to local policemen's pension and relief funds and local firemen's relief and pension funds to pay retired members, beneficiaries, or members of a deferred retirement option plan the following: (A) Two thousand two hundred forty dollars ($2,240) to each retired member, beneficiary, or member of the deferred retirement option plan of a policemen's pension and relief fund; (B) One thousand six hundred twenty dollars ($1,620) to each retired member, beneficiary, or member of the deferred retirement option plan who was a paid member of a firemen's relief and pension fund; and (C) Three hundred dollars ($300) to each retired member or beneficiary who was a volunteer member of a firemen's relief and pension fund. (2) Beginning on June 30, 2020, and continuing each following year, the amounts listed in subdivision (d)(1) of this section shall be increased by a two-and-five-tenths-percent compound cost-of-living adjustment. (3) Beginning on June 30, 2020, and continuing each following year, the amount distributed to a paid member of the firemen's relief and pension fund shall be increased in seven (7) installments until the amount, beginning on June 30, 2026, is equal to the amount distributed to each member of the policemen's pension and relief fund.

(1) Beginning on June 30, 2019, and continuing on June 30 of each following year, the Future Supplement Fund may distribute to local policemen's pension and relief funds and local firemen's relief and pension funds to pay retired members, beneficiaries, or members of a deferred retirement option plan the following: (A) Two thousand two hundred forty dollars ($2,240) to each retired member, beneficiary, or member of the deferred retirement option plan of a policemen's pension and relief fund; (B) One thousand six hundred twenty dollars ($1,620) to each retired member, beneficiary, or member of the deferred retirement option plan who was a paid member of a firemen's relief and pension fund; and (C) Three hundred dollars ($300) to each retired member or beneficiary who was a volunteer member of a firemen's relief and pension fund.

(A) Two thousand two hundred forty dollars ($2,240) to each retired member, beneficiary, or member of the deferred retirement option plan of a policemen's pension and relief fund;

(B) One thousand six hundred twenty dollars ($1,620) to each retired member, beneficiary, or member of the deferred retirement option plan who was a paid member of a firemen's relief and pension fund; and

(C) Three hundred dollars ($300) to each retired member or beneficiary who was a volunteer member of a firemen's relief and pension fund.

(2) Beginning on June 30, 2020, and continuing each following year, the amounts listed in subdivision (d)(1) of this section shall be increased by a two-and-five-tenths-percent compound cost-of-living adjustment.

(3) Beginning on June 30, 2020, and continuing each following year, the amount distributed to a paid member of the firemen's relief and pension fund shall be increased in seven (7) installments until the amount, beginning on June 30, 2026, is equal to the amount distributed to each member of the policemen's pension and relief fund.

(e) At the time that there are no longer any members covered by local policemen's pension and relief funds and local firemen's relief and pension funds, any remainder of the Future Supplement Fund shall be transferred to the Arkansas Local Police and Fire Retirement System to be used solely by a covered employer to defray the covered employer's employer contribution costs to the system.

(f) The Arkansas Fire and Police Pension Review Board may use an amount allocated in previous years that has not been distributed for the Future Supplement Fund to: (1) Ensure the distribution of an amount listed in subdivision (d)(1) of this section; and (2) Help offset a reduction described in § 24-11-215 .

(1) Ensure the distribution of an amount listed in subdivision (d)(1) of this section; and

(2) Help offset a reduction described in § 24-11-215 .

Amended by Act 2019, No. 465,§ 1, eff. 5/1/2019.

Acts 2001, No. 1543, § 3; 2003, No. 1373, § 1; 2005, No. 1962, § 112; 2007, No. 73, § 2; 2007, No. 849, § 1.