Ark. Code Ann. § 24-8-701 — AR Code / Title 24 / Chapter 8 / Subchapter 7 / Section 24-8-701
Legislative history, findings, and intent
Status: in_force

(a) It is found and determined by the General Assembly that the creation of the Tier Two Actual Judicial Service Benefit Plan is part of a history of judicial retirement legislation that has sought to develop a more equitable retirement system for judges and thereby remove the need for judges to be involved in the political process through lobbying for retirement benefits and privileges. (b) (1) At one time member contributions were not sufficient to fund the system and therefore it was necessary for the Chief Justice of the Supreme Court and other members of the judicial system to ask the General Assembly for funds to pay benefits for retired judges and justices. In 1983 the need for members of the judiciary to be involved in the political process was reduced by the establishment of an actuarial funding method and by transfer of the administration of the Arkansas Judicial Retirement System to the Arkansas Public Employees' Retirement System. (2) Initially the Arkansas Judicial Retirement System allowed a judge with fifteen (15) years of elective service to retire upon reaching sixty-five (65) years of age. However, this system was awkward and some judges with many years of service did not qualify for benefits because the system did not provide for graduated benefits. Because of this "all or nothing" plan, the law has been amended a number of times to help judges qualify for benefits through use of credited service. (3) The use of credited service substantially changed the Arkansas Judicial Retirement System. The system was changed to allow an active member with ten (10) years of credited service to retire upon reaching sixty-five (65) years of age and to allow other members with twenty (20) years of credited service to retire regardless of age, or a member with fourteen (14) years of service to retire upon reaching sixty-five (65) years of age. At the time of the passage of this act, the average retirement benefit paid by the Arkansas Judicial Retirement System was based on approximately twelve (12) years of actual service. (4) The reasons for including credited service are not as strong as they once were because reciprocity exists among state-supported retirement systems. A judge with military service and who is employed or becomes employed in a position covered by another state-supported retirement system may obtain credited service in the other system for that military service. (5) In 1997 legislation was adopted to authorize the establishment of a judicial deferred retirement option plan. The legislation was enacted in response to the average retirement benefit paid by the Arkansas Judicial Retirement System being based on only twelve (12) years of actual service. The General Assembly sought to encourage longer actual service by judges and justices. (6) For two (2) years the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council discussed ways to establish a fair retirement system and to eliminate the need for members of the judicial system to be involved in the political process in order to obtain equitable treatment. It was agreed that the Arkansas Judicial Retirement System had good benefits but that other aspects of the system needed revision. After discussion and negotiation between the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council it was agreed that the authorization for a judicial deferred retirement option plan should be repealed and that a new system judicial retirement plan should be established that would be based on actual service and which would provide graduated benefits for judges and justices. (c) It is found and determined by the General Assembly that the legislative history of the development of the Tier Two Actual Judicial Service Benefit Plan demonstrates that the purpose of this subchapter is to provide a fair retirement plan based on actual service and to provide for graduated benefits for retired judges and justices. Therefore, any future attempt to add credited service into this plan would run contrary to the legislative history of this act and the agreements that resulted in the adoption of this plan, and would constitute a major breach of a negotiated change in judicial retirement that balanced the removal of credited service provisions with provisions to allow judges and justices to have graduated benefits and earlier benefit rights. Acts 1999, No. 399, § 1.

(a) It is found and determined by the General Assembly that the creation of the Tier Two Actual Judicial Service Benefit Plan is part of a history of judicial retirement legislation that has sought to develop a more equitable retirement system for judges and thereby remove the need for judges to be involved in the political process through lobbying for retirement benefits and privileges.

(b) (1) At one time member contributions were not sufficient to fund the system and therefore it was necessary for the Chief Justice of the Supreme Court and other members of the judicial system to ask the General Assembly for funds to pay benefits for retired judges and justices. In 1983 the need for members of the judiciary to be involved in the political process was reduced by the establishment of an actuarial funding method and by transfer of the administration of the Arkansas Judicial Retirement System to the Arkansas Public Employees' Retirement System. (2) Initially the Arkansas Judicial Retirement System allowed a judge with fifteen (15) years of elective service to retire upon reaching sixty-five (65) years of age. However, this system was awkward and some judges with many years of service did not qualify for benefits because the system did not provide for graduated benefits. Because of this "all or nothing" plan, the law has been amended a number of times to help judges qualify for benefits through use of credited service. (3) The use of credited service substantially changed the Arkansas Judicial Retirement System. The system was changed to allow an active member with ten (10) years of credited service to retire upon reaching sixty-five (65) years of age and to allow other members with twenty (20) years of credited service to retire regardless of age, or a member with fourteen (14) years of service to retire upon reaching sixty-five (65) years of age. At the time of the passage of this act, the average retirement benefit paid by the Arkansas Judicial Retirement System was based on approximately twelve (12) years of actual service. (4) The reasons for including credited service are not as strong as they once were because reciprocity exists among state-supported retirement systems. A judge with military service and who is employed or becomes employed in a position covered by another state-supported retirement system may obtain credited service in the other system for that military service. (5) In 1997 legislation was adopted to authorize the establishment of a judicial deferred retirement option plan. The legislation was enacted in response to the average retirement benefit paid by the Arkansas Judicial Retirement System being based on only twelve (12) years of actual service. The General Assembly sought to encourage longer actual service by judges and justices. (6) For two (2) years the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council discussed ways to establish a fair retirement system and to eliminate the need for members of the judicial system to be involved in the political process in order to obtain equitable treatment. It was agreed that the Arkansas Judicial Retirement System had good benefits but that other aspects of the system needed revision. After discussion and negotiation between the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council it was agreed that the authorization for a judicial deferred retirement option plan should be repealed and that a new system judicial retirement plan should be established that would be based on actual service and which would provide graduated benefits for judges and justices.

(1) At one time member contributions were not sufficient to fund the system and therefore it was necessary for the Chief Justice of the Supreme Court and other members of the judicial system to ask the General Assembly for funds to pay benefits for retired judges and justices. In 1983 the need for members of the judiciary to be involved in the political process was reduced by the establishment of an actuarial funding method and by transfer of the administration of the Arkansas Judicial Retirement System to the Arkansas Public Employees' Retirement System.

(2) Initially the Arkansas Judicial Retirement System allowed a judge with fifteen (15) years of elective service to retire upon reaching sixty-five (65) years of age. However, this system was awkward and some judges with many years of service did not qualify for benefits because the system did not provide for graduated benefits. Because of this "all or nothing" plan, the law has been amended a number of times to help judges qualify for benefits through use of credited service.

(3) The use of credited service substantially changed the Arkansas Judicial Retirement System. The system was changed to allow an active member with ten (10) years of credited service to retire upon reaching sixty-five (65) years of age and to allow other members with twenty (20) years of credited service to retire regardless of age, or a member with fourteen (14) years of service to retire upon reaching sixty-five (65) years of age. At the time of the passage of this act, the average retirement benefit paid by the Arkansas Judicial Retirement System was based on approximately twelve (12) years of actual service.

(4) The reasons for including credited service are not as strong as they once were because reciprocity exists among state-supported retirement systems. A judge with military service and who is employed or becomes employed in a position covered by another state-supported retirement system may obtain credited service in the other system for that military service.

(5) In 1997 legislation was adopted to authorize the establishment of a judicial deferred retirement option plan. The legislation was enacted in response to the average retirement benefit paid by the Arkansas Judicial Retirement System being based on only twelve (12) years of actual service. The General Assembly sought to encourage longer actual service by judges and justices.

(6) For two (2) years the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council discussed ways to establish a fair retirement system and to eliminate the need for members of the judicial system to be involved in the political process in order to obtain equitable treatment. It was agreed that the Arkansas Judicial Retirement System had good benefits but that other aspects of the system needed revision. After discussion and negotiation between the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council it was agreed that the authorization for a judicial deferred retirement option plan should be repealed and that a new system judicial retirement plan should be established that would be based on actual service and which would provide graduated benefits for judges and justices.

(c) It is found and determined by the General Assembly that the legislative history of the development of the Tier Two Actual Judicial Service Benefit Plan demonstrates that the purpose of this subchapter is to provide a fair retirement plan based on actual service and to provide for graduated benefits for retired judges and justices. Therefore, any future attempt to add credited service into this plan would run contrary to the legislative history of this act and the agreements that resulted in the adoption of this plan, and would constitute a major breach of a negotiated change in judicial retirement that balanced the removal of credited service provisions with provisions to allow judges and justices to have graduated benefits and earlier benefit rights.

Acts 1999, No. 399, § 1.
Ark. Code Ann. § 24-11-104 — AR Code / Title 24 / Chapter 11 / Subchapter 1 / Section 24-11-104
Rules
Status: in_force

The Department of Finance and Administration is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of §§ 24-11-301 and 24-11-809 . Amended by Act 2019, No. 315,§ 2897, eff. 7/24/2019. Amended by Act 2013, No. 41,§ 2, eff. 2/6/2013. Acts 1999, No. 1570, § 6.

The Department of Finance and Administration is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of §§ 24-11-301 and 24-11-809 .

Amended by Act 2019, No. 315,§ 2897, eff. 7/24/2019.

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

Acts 1999, No. 1570, § 6.
Ark. Code Ann. § 24-12-129 — AR Code / Title 24 / Chapter 12 / Subchapter 1 / Section 24-12-129
Municipal officials and employees
Status: in_force

When any municipal official or municipal employee age fifty-five (55) or over who has completed twenty (20) years of service to the municipality and who is vested in the retirement system retires, the official or employee may continue to participate in the municipality's healthcare plan, receiving the same medical benefits and paying the same premium as active employees as long as the retired official or employee pays both employer and employee contributions to the healthcare plan. Acts 1995, No. 664, § 1; 1997, No. 1098, § 1.

When any municipal official or municipal employee age fifty-five (55) or over who has completed twenty (20) years of service to the municipality and who is vested in the retirement system retires, the official or employee may continue to participate in the municipality's healthcare plan, receiving the same medical benefits and paying the same premium as active employees as long as the retired official or employee pays both employer and employee contributions to the healthcare plan.

Acts 1995, No. 664, § 1; 1997, No. 1098, § 1.
Ark. Code Ann. § 24-4-212 — AR Code / Title 24 / Chapter 4 / Subchapter 2 / Section 24-4-212
No waiver of sovereign immunity
Status: in_force

Nothing in this chapter shall be taken or interpreted as a waiver of the state's sovereign immunity. Acts 2011, No. 38, § 4.

Nothing in this chapter shall be taken or interpreted as a waiver of the state's sovereign immunity.

Acts 2011, No. 38, § 4.
Ark. Code Ann. § 24-4-739 — AR Code / Title 24 / Chapter 4 / Subchapter 7 / Section 24-4-739
Municipal employees
Status: in_force

(a) (1) Any municipal employee or municipal official, including a municipal judge, municipal court clerk, mayor, city attorney, city treasurer, city clerk, clerk-treasurer, and deputy city clerk, who was erroneously enrolled in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system on or before January 1, 1991, may elect to remain a member of the Arkansas Public Employees' Retirement System or receive service credit in a reciprocal retirement system subject to employer certification that the employee was not enrolled in a local plan at the time of his or her employment. (2) Any employee as listed in subdivision (a)(1) of this section who, prior to this section, has been removed from membership in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system established pursuant to state law or any member of a reciprocal retirement system may restore the refunded service and establish subsequent service by paying or causing to be paid to the Arkansas Public Employees' Retirement System the refunded contributions and the legally required contributions for subsequent service. (3) However, in no instance shall the same service time and related earnings be credited in more than one (1) system established pursuant to state law. (b) (1) The employee or member shall make election in writing to the Arkansas Public Employees' Retirement System and the eligible system within sixty (60) calendar days after being notified by the Arkansas Public Employees' Retirement System of the erroneous enrollment. (2) Failure to make an election within sixty (60) calendar days will result in the employee's or member's being removed from the Arkansas Public Employees' Retirement System. (c) (1) Should the employee or the member elect to become a member of the eligible system, as provided in subsection (a) of this section, or should the employee or member be removed from the Arkansas Public Employees' Retirement System because of failure to elect, as provided in subsection (b) of this section, the Arkansas Public Employees' Retirement System will refund to the employer all contributions, from both employee and employer, that were paid on behalf of the employee or member in question. (2) Upon receipt of the refunded contributions, the employer shall enroll and establish the proper service credit for the employee or member in the eligible system. (d) (1) In the event a local plan is established as provided for by state law, any member of the Arkansas Public Employees' Retirement System who would otherwise be eligible for this local plan may elect to remain in the Arkansas Public Employees' Retirement System or become a member of the local plan. (2) This election shall be made in writing to both plans within thirty (30) days of the establishment of the local plan. (e) (1) Any current member of the Arkansas Public Employees' Retirement System who, prior to January 1, 1991, had employment with a participating municipal employer in which such employment was eligible for membership in a local plan may purchase such service in the Arkansas Public Employees' Retirement System, provided the employer certifies that the person was not a member of a local plan. (2) The service will be credited only after such certification has been provided and the member has paid into the Arkansas Public Employees' Retirement System an amount equal to that which would have been paid had the service been reported at the time rendered plus six percent (6%) interest compounded annually from the date such service was rendered until the date of purchase. Acts 1991, No. 221, §§ 1-3; 1993, No. 104, § 1; 1995, No. 1296, § 82.

(a) (1) Any municipal employee or municipal official, including a municipal judge, municipal court clerk, mayor, city attorney, city treasurer, city clerk, clerk-treasurer, and deputy city clerk, who was erroneously enrolled in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system on or before January 1, 1991, may elect to remain a member of the Arkansas Public Employees' Retirement System or receive service credit in a reciprocal retirement system subject to employer certification that the employee was not enrolled in a local plan at the time of his or her employment. (2) Any employee as listed in subdivision (a)(1) of this section who, prior to this section, has been removed from membership in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system established pursuant to state law or any member of a reciprocal retirement system may restore the refunded service and establish subsequent service by paying or causing to be paid to the Arkansas Public Employees' Retirement System the refunded contributions and the legally required contributions for subsequent service. (3) However, in no instance shall the same service time and related earnings be credited in more than one (1) system established pursuant to state law.

(1) Any municipal employee or municipal official, including a municipal judge, municipal court clerk, mayor, city attorney, city treasurer, city clerk, clerk-treasurer, and deputy city clerk, who was erroneously enrolled in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system on or before January 1, 1991, may elect to remain a member of the Arkansas Public Employees' Retirement System or receive service credit in a reciprocal retirement system subject to employer certification that the employee was not enrolled in a local plan at the time of his or her employment.

(2) Any employee as listed in subdivision (a)(1) of this section who, prior to this section, has been removed from membership in the Arkansas Public Employees' Retirement System because of eligibility for membership in another system established pursuant to state law or any member of a reciprocal retirement system may restore the refunded service and establish subsequent service by paying or causing to be paid to the Arkansas Public Employees' Retirement System the refunded contributions and the legally required contributions for subsequent service.

(3) However, in no instance shall the same service time and related earnings be credited in more than one (1) system established pursuant to state law.

(b) (1) The employee or member shall make election in writing to the Arkansas Public Employees' Retirement System and the eligible system within sixty (60) calendar days after being notified by the Arkansas Public Employees' Retirement System of the erroneous enrollment. (2) Failure to make an election within sixty (60) calendar days will result in the employee's or member's being removed from the Arkansas Public Employees' Retirement System.

(1) The employee or member shall make election in writing to the Arkansas Public Employees' Retirement System and the eligible system within sixty (60) calendar days after being notified by the Arkansas Public Employees' Retirement System of the erroneous enrollment.

(2) Failure to make an election within sixty (60) calendar days will result in the employee's or member's being removed from the Arkansas Public Employees' Retirement System.

(c) (1) Should the employee or the member elect to become a member of the eligible system, as provided in subsection (a) of this section, or should the employee or member be removed from the Arkansas Public Employees' Retirement System because of failure to elect, as provided in subsection (b) of this section, the Arkansas Public Employees' Retirement System will refund to the employer all contributions, from both employee and employer, that were paid on behalf of the employee or member in question. (2) Upon receipt of the refunded contributions, the employer shall enroll and establish the proper service credit for the employee or member in the eligible system.

(1) Should the employee or the member elect to become a member of the eligible system, as provided in subsection (a) of this section, or should the employee or member be removed from the Arkansas Public Employees' Retirement System because of failure to elect, as provided in subsection (b) of this section, the Arkansas Public Employees' Retirement System will refund to the employer all contributions, from both employee and employer, that were paid on behalf of the employee or member in question.

(2) Upon receipt of the refunded contributions, the employer shall enroll and establish the proper service credit for the employee or member in the eligible system.

(d) (1) In the event a local plan is established as provided for by state law, any member of the Arkansas Public Employees' Retirement System who would otherwise be eligible for this local plan may elect to remain in the Arkansas Public Employees' Retirement System or become a member of the local plan. (2) This election shall be made in writing to both plans within thirty (30) days of the establishment of the local plan.

(1) In the event a local plan is established as provided for by state law, any member of the Arkansas Public Employees' Retirement System who would otherwise be eligible for this local plan may elect to remain in the Arkansas Public Employees' Retirement System or become a member of the local plan.

(2) This election shall be made in writing to both plans within thirty (30) days of the establishment of the local plan.

(e) (1) Any current member of the Arkansas Public Employees' Retirement System who, prior to January 1, 1991, had employment with a participating municipal employer in which such employment was eligible for membership in a local plan may purchase such service in the Arkansas Public Employees' Retirement System, provided the employer certifies that the person was not a member of a local plan. (2) The service will be credited only after such certification has been provided and the member has paid into the Arkansas Public Employees' Retirement System an amount equal to that which would have been paid had the service been reported at the time rendered plus six percent (6%) interest compounded annually from the date such service was rendered until the date of purchase.

(1) Any current member of the Arkansas Public Employees' Retirement System who, prior to January 1, 1991, had employment with a participating municipal employer in which such employment was eligible for membership in a local plan may purchase such service in the Arkansas Public Employees' Retirement System, provided the employer certifies that the person was not a member of a local plan.

(2) The service will be credited only after such certification has been provided and the member has paid into the Arkansas Public Employees' Retirement System an amount equal to that which would have been paid had the service been reported at the time rendered plus six percent (6%) interest compounded annually from the date such service was rendered until the date of purchase.

Acts 1991, No. 221, §§ 1-3; 1993, No. 104, § 1; 1995, No. 1296, § 82.
Ark. Code Ann. § 24-11-437 — AR Code / Title 24 / Chapter 11 / Subchapter 4 / Section 24-11-437
Credited service - Purchase of former law enforcement service
Status: in_force

(a) If the local board of trustees for a policemen's pension and relief fund decides to extend this benefit for its members and if the pension fund will be actuarially sound as determined by the actuary for the Arkansas Fire and Police Pension Review Board after this benefit increase is extended to members, any member of the policemen's pension and relief fund as established by this subchapter shall be entitled to purchase credited service in the system, not to exceed five (5) years, for service rendered by the member as a law enforcement officer in this state prior to the member's employment covered by the policemen's pension and relief fund. (b) The member may purchase the credited service if: (1) The member is an active member with at least twenty (20) years' actual service in the policemen's pension and relief fund and contributes to the pension fund an amount that is the actuarial equivalent of the value of the credited service to be purchased; and (2) The actuarial equivalent is of the time of the purchase of the credited service and shall be determined by the actuary for the Arkansas Fire and Police Pension Review Board, or for a pension fund under administration of the Arkansas Local Police and Fire Retirement System by the actuary for that system. (c) Service that is or will be eligible for benefit payment from another plan shall not be eligible for purchase under the pension fund. (d) The board of trustees of the pension fund shall make the final determination as to the: (1) Length of purchased service credit; (2) Amount of regular interest to be charged; and (3) Manner in which payment is made to the pension fund. (e) Service credit purchased under this section shall be used to determine the member's total credited service under the pension fund but shall not be used to determine his or her final average pay under the pension fund. Amended by Act 2013, No. 41,§ 21, eff. 2/6/2013. Acts 1999, No. 903, § 1.

(a) If the local board of trustees for a policemen's pension and relief fund decides to extend this benefit for its members and if the pension fund will be actuarially sound as determined by the actuary for the Arkansas Fire and Police Pension Review Board after this benefit increase is extended to members, any member of the policemen's pension and relief fund as established by this subchapter shall be entitled to purchase credited service in the system, not to exceed five (5) years, for service rendered by the member as a law enforcement officer in this state prior to the member's employment covered by the policemen's pension and relief fund.

(b) The member may purchase the credited service if: (1) The member is an active member with at least twenty (20) years' actual service in the policemen's pension and relief fund and contributes to the pension fund an amount that is the actuarial equivalent of the value of the credited service to be purchased; and (2) The actuarial equivalent is of the time of the purchase of the credited service and shall be determined by the actuary for the Arkansas Fire and Police Pension Review Board, or for a pension fund under administration of the Arkansas Local Police and Fire Retirement System by the actuary for that system.

(1) The member is an active member with at least twenty (20) years' actual service in the policemen's pension and relief fund and contributes to the pension fund an amount that is the actuarial equivalent of the value of the credited service to be purchased; and

(2) The actuarial equivalent is of the time of the purchase of the credited service and shall be determined by the actuary for the Arkansas Fire and Police Pension Review Board, or for a pension fund under administration of the Arkansas Local Police and Fire Retirement System by the actuary for that system.

(c) Service that is or will be eligible for benefit payment from another plan shall not be eligible for purchase under the pension fund.

(d) The board of trustees of the pension fund shall make the final determination as to the: (1) Length of purchased service credit; (2) Amount of regular interest to be charged; and (3) Manner in which payment is made to the pension fund.

(1) Length of purchased service credit;

(2) Amount of regular interest to be charged; and

(3) Manner in which payment is made to the pension fund.

(e) Service credit purchased under this section shall be used to determine the member's total credited service under the pension fund but shall not be used to determine his or her final average pay under the pension fund.

Amended by Act 2013, No. 41,§ 21, eff. 2/6/2013.

Acts 1999, No. 903, § 1.
Ark. Code Ann. § 24-7-602 — AR Code / Title 24 / Chapter 7 / Subchapter 6 / Section 24-7-602
Military service credit
Status: in_force

(a) (1) If a member of the Arkansas Teacher Retirement System enters the United States Armed Forces during a period that a federal military draft was in effect and obtains a refund of member contributions from the system, the compulsory military service required of the member may be established as free credited service under this subchapter, if after an honorable discharge from the United States Armed Forces and before retirement the member repays to the system the actuarial equivalent of the member's refunded service. (2) (A) In addition, a member is eligible to receive free military service credit under this section if the member: (i) Entered the United States Armed Forces during any period that a federal military draft was in effect; and (ii) Becomes an active member after an honorable discharge from the United States Armed Forces. (B) Subdivision (a)(2)(A) of this section applies to a member whether or not the member has five (5) or more years of credited service at the time of the member's reemployment. (3) When a member who is first employed after serving in the United States Armed Forces during a period of time that the military draft was in effect, he or she is eligible to receive free military service credit under this section if the member: (A) Completes five (5) or more years of actual service in the system; and (B) Receives an honorable discharge. (b) (1) All United States Armed Forces service not otherwise creditable under this section shall be creditable, provided the member pays to the system the actuarial equivalent for the service credit. (2) At the member's request, a member's payment for United States Armed Forces service credit under this subsection shall be refunded if the: (A) Member ceases to be an active member before the United States Armed Forces service credit is established as credited service in the system; or (B) United States Armed Forces service credit is not otherwise used to establish the member's eligibility for retirement under the system. (c) (1) (A) A member who leaves employment with a school or employment with a covered employer to serve, on a voluntary or involuntary basis, in the uniformed services of the United States and returns to employment with a school or employment with a covered employer shall be treated as not having incurred a break in service with the employer. (B) The employer shall certify to the system that reemployment was in accordance with the requirements set forth in section 4312 of the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353. (2) Under this subsection, "uniformed services of the United States" is limited to the United States Armed Forces; the Army National Guard and the Air National Guard when engaged in active duty for training, state active duty, inactive duty training, or full-time National Guard duty; the United States Commissioned Corps of the Public Health Service; and any other category of persons designated by the President of the United States in time of war or emergency. (3) The cumulative length of the absence from a position of employment with the employer by reason of service in the uniformed services shall not exceed five (5) years. (4) A member reemployed under this subsection shall be entitled to accrue benefits for the time he or she served in the uniformed services by paying the employee contributions set forth in § 24-7-406 . (5) An employer reemploying a member under this subsection shall pay to the system the employer contributions due for the time the member served in the uniformed services and shall be those required by § 24-3-103 [repealed]. However, should a member not pay the employee contributions due, then no employer contributions shall be due. (6) For the purposes of determining the employee and employer contributions due, the member's compensation during the period of service in the uniformed services shall be computed at: (A) The rate the member would have received had he or she not served in the uniformed services; or (B) The member's average compensation level during the twelve-month period, or shorter, if applicable, immediately preceding the service. (7) If both employee and employer contributions are not paid, the member shall not be entitled to any accrued benefits for the time served in the uniformed services. (d) In no event shall a person be credited with a total of more than five (5) years of armed service, except that service credited under subsection (c) of this section shall be in addition to that amount. (e) In any case of doubt as to the period of the armed service to be credited a member, the Board of Trustees of the Arkansas Teacher Retirement System shall have the power to determine the period. (f) (1) In the case of a death occurring on or after January 1, 2007, if a member dies while performing qualified military service as defined in the Internal Revenue Code, 26 U.S.C. § 414(u)(5) , as it existed on January 1, 2011, the survivors of the member are entitled to any additional benefits, including determining a member's vesting, provided under the Arkansas Teacher Retirement System as if the member had resumed and then terminated employment on account of death. (2) Additional benefits under subdivision (f)(1) of this section do not include benefit accruals relating to the period of qualified military service. Amended by Act 2023, No. 107,§ 30, eff. 7/1/2023. Amended by Act 2023, No. 69,§ 3, eff. 7/1/2023. Amended by Act 2023, No. 55,§ 2, eff. 7/1/2023. Amended by Act 2019, No. 474,§ 4, eff. 7/24/2019. Amended by Act 2015, No. 558,§ 1, eff. 3/20/2015. Amended by Act 2015, No. 301,§ 7, eff. 3/4/2015. Amended by Act 2013, No. 140,§ 4, eff. 8/16/2013. Acts 1973, No. 427, § 5; 1979, No. 681, § 1; 1983, No. 619, § 5; 1983, No. 665, § 5; A.S.A. 1947, § 80-1440; Acts 1987, No. 518, § 1; 1989, No. 652, § 7; 1989, No. 653, § 4; 1991, No. 43, § 5; 1997, No. 142, § 2; 1997, No. 739, § 1; 1997, No. 1053, § 1; 1997, No. 1068, § 1; 2009, No. 468, § 10; 2011, No. 45, § 4; 2011, No. 69, §§ 14, 15.

(a) (1) If a member of the Arkansas Teacher Retirement System enters the United States Armed Forces during a period that a federal military draft was in effect and obtains a refund of member contributions from the system, the compulsory military service required of the member may be established as free credited service under this subchapter, if after an honorable discharge from the United States Armed Forces and before retirement the member repays to the system the actuarial equivalent of the member's refunded service. (2) (A) In addition, a member is eligible to receive free military service credit under this section if the member: (i) Entered the United States Armed Forces during any period that a federal military draft was in effect; and (ii) Becomes an active member after an honorable discharge from the United States Armed Forces. (B) Subdivision (a)(2)(A) of this section applies to a member whether or not the member has five (5) or more years of credited service at the time of the member's reemployment. (3) When a member who is first employed after serving in the United States Armed Forces during a period of time that the military draft was in effect, he or she is eligible to receive free military service credit under this section if the member: (A) Completes five (5) or more years of actual service in the system; and (B) Receives an honorable discharge.

(1) If a member of the Arkansas Teacher Retirement System enters the United States Armed Forces during a period that a federal military draft was in effect and obtains a refund of member contributions from the system, the compulsory military service required of the member may be established as free credited service under this subchapter, if after an honorable discharge from the United States Armed Forces and before retirement the member repays to the system the actuarial equivalent of the member's refunded service.

(2) (A) In addition, a member is eligible to receive free military service credit under this section if the member: (i) Entered the United States Armed Forces during any period that a federal military draft was in effect; and (ii) Becomes an active member after an honorable discharge from the United States Armed Forces. (B) Subdivision (a)(2)(A) of this section applies to a member whether or not the member has five (5) or more years of credited service at the time of the member's reemployment.

(A) In addition, a member is eligible to receive free military service credit under this section if the member: (i) Entered the United States Armed Forces during any period that a federal military draft was in effect; and (ii) Becomes an active member after an honorable discharge from the United States Armed Forces.

(i) Entered the United States Armed Forces during any period that a federal military draft was in effect; and

(ii) Becomes an active member after an honorable discharge from the United States Armed Forces.

(B) Subdivision (a)(2)(A) of this section applies to a member whether or not the member has five (5) or more years of credited service at the time of the member's reemployment.

(3) When a member who is first employed after serving in the United States Armed Forces during a period of time that the military draft was in effect, he or she is eligible to receive free military service credit under this section if the member: (A) Completes five (5) or more years of actual service in the system; and (B) Receives an honorable discharge.

(A) Completes five (5) or more years of actual service in the system; and

(B) Receives an honorable discharge.

(b) (1) All United States Armed Forces service not otherwise creditable under this section shall be creditable, provided the member pays to the system the actuarial equivalent for the service credit. (2) At the member's request, a member's payment for United States Armed Forces service credit under this subsection shall be refunded if the: (A) Member ceases to be an active member before the United States Armed Forces service credit is established as credited service in the system; or (B) United States Armed Forces service credit is not otherwise used to establish the member's eligibility for retirement under the system.

(1) All United States Armed Forces service not otherwise creditable under this section shall be creditable, provided the member pays to the system the actuarial equivalent for the service credit.

(2) At the member's request, a member's payment for United States Armed Forces service credit under this subsection shall be refunded if the: (A) Member ceases to be an active member before the United States Armed Forces service credit is established as credited service in the system; or (B) United States Armed Forces service credit is not otherwise used to establish the member's eligibility for retirement under the system.

(A) Member ceases to be an active member before the United States Armed Forces service credit is established as credited service in the system; or

(B) United States Armed Forces service credit is not otherwise used to establish the member's eligibility for retirement under the system.

(c) (1) (A) A member who leaves employment with a school or employment with a covered employer to serve, on a voluntary or involuntary basis, in the uniformed services of the United States and returns to employment with a school or employment with a covered employer shall be treated as not having incurred a break in service with the employer. (B) The employer shall certify to the system that reemployment was in accordance with the requirements set forth in section 4312 of the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353. (2) Under this subsection, "uniformed services of the United States" is limited to the United States Armed Forces; the Army National Guard and the Air National Guard when engaged in active duty for training, state active duty, inactive duty training, or full-time National Guard duty; the United States Commissioned Corps of the Public Health Service; and any other category of persons designated by the President of the United States in time of war or emergency. (3) The cumulative length of the absence from a position of employment with the employer by reason of service in the uniformed services shall not exceed five (5) years. (4) A member reemployed under this subsection shall be entitled to accrue benefits for the time he or she served in the uniformed services by paying the employee contributions set forth in § 24-7-406 . (5) An employer reemploying a member under this subsection shall pay to the system the employer contributions due for the time the member served in the uniformed services and shall be those required by § 24-3-103 [repealed]. However, should a member not pay the employee contributions due, then no employer contributions shall be due. (6) For the purposes of determining the employee and employer contributions due, the member's compensation during the period of service in the uniformed services shall be computed at: (A) The rate the member would have received had he or she not served in the uniformed services; or (B) The member's average compensation level during the twelve-month period, or shorter, if applicable, immediately preceding the service. (7) If both employee and employer contributions are not paid, the member shall not be entitled to any accrued benefits for the time served in the uniformed services.

(1) (A) A member who leaves employment with a school or employment with a covered employer to serve, on a voluntary or involuntary basis, in the uniformed services of the United States and returns to employment with a school or employment with a covered employer shall be treated as not having incurred a break in service with the employer. (B) The employer shall certify to the system that reemployment was in accordance with the requirements set forth in section 4312 of the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353.

(A) A member who leaves employment with a school or employment with a covered employer to serve, on a voluntary or involuntary basis, in the uniformed services of the United States and returns to employment with a school or employment with a covered employer shall be treated as not having incurred a break in service with the employer.

(B) The employer shall certify to the system that reemployment was in accordance with the requirements set forth in section 4312 of the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353.

(2) Under this subsection, "uniformed services of the United States" is limited to the United States Armed Forces; the Army National Guard and the Air National Guard when engaged in active duty for training, state active duty, inactive duty training, or full-time National Guard duty; the United States Commissioned Corps of the Public Health Service; and any other category of persons designated by the President of the United States in time of war or emergency.

(3) The cumulative length of the absence from a position of employment with the employer by reason of service in the uniformed services shall not exceed five (5) years.

(4) A member reemployed under this subsection shall be entitled to accrue benefits for the time he or she served in the uniformed services by paying the employee contributions set forth in § 24-7-406 .

(5) An employer reemploying a member under this subsection shall pay to the system the employer contributions due for the time the member served in the uniformed services and shall be those required by § 24-3-103 [repealed]. However, should a member not pay the employee contributions due, then no employer contributions shall be due.

(6) For the purposes of determining the employee and employer contributions due, the member's compensation during the period of service in the uniformed services shall be computed at: (A) The rate the member would have received had he or she not served in the uniformed services; or (B) The member's average compensation level during the twelve-month period, or shorter, if applicable, immediately preceding the service.

(A) The rate the member would have received had he or she not served in the uniformed services; or

(B) The member's average compensation level during the twelve-month period, or shorter, if applicable, immediately preceding the service.

(7) If both employee and employer contributions are not paid, the member shall not be entitled to any accrued benefits for the time served in the uniformed services.

(d) In no event shall a person be credited with a total of more than five (5) years of armed service, except that service credited under subsection (c) of this section shall be in addition to that amount.

(e) In any case of doubt as to the period of the armed service to be credited a member, the Board of Trustees of the Arkansas Teacher Retirement System shall have the power to determine the period.

(f) (1) In the case of a death occurring on or after January 1, 2007, if a member dies while performing qualified military service as defined in the Internal Revenue Code, 26 U.S.C. § 414(u)(5) , as it existed on January 1, 2011, the survivors of the member are entitled to any additional benefits, including determining a member's vesting, provided under the Arkansas Teacher Retirement System as if the member had resumed and then terminated employment on account of death. (2) Additional benefits under subdivision (f)(1) of this section do not include benefit accruals relating to the period of qualified military service.

(1) In the case of a death occurring on or after January 1, 2007, if a member dies while performing qualified military service as defined in the Internal Revenue Code, 26 U.S.C. § 414(u)(5) , as it existed on January 1, 2011, the survivors of the member are entitled to any additional benefits, including determining a member's vesting, provided under the Arkansas Teacher Retirement System as if the member had resumed and then terminated employment on account of death.

(2) Additional benefits under subdivision (f)(1) of this section do not include benefit accruals relating to the period of qualified military service.

Amended by Act 2023, No. 107,§ 30, eff. 7/1/2023.

Amended by Act 2023, No. 69,§ 3, eff. 7/1/2023.

Amended by Act 2023, No. 55,§ 2, eff. 7/1/2023.

Amended by Act 2019, No. 474,§ 4, eff. 7/24/2019.

Amended by Act 2015, No. 558,§ 1, eff. 3/20/2015.

Amended by Act 2015, No. 301,§ 7, eff. 3/4/2015.

Amended by Act 2013, No. 140,§ 4, eff. 8/16/2013.

Acts 1973, No. 427, § 5; 1979, No. 681, § 1; 1983, No. 619, § 5; 1983, No. 665, § 5; A.S.A. 1947, § 80-1440; Acts 1987, No. 518, § 1; 1989, No. 652, § 7; 1989, No. 653, § 4; 1991, No. 43, § 5; 1997, No. 142, § 2; 1997, No. 739, § 1; 1997, No. 1053, § 1; 1997, No. 1068, § 1; 2009, No. 468, § 10; 2011, No. 45, § 4; 2011, No. 69, §§ 14, 15.
Ark. Code Ann. § 24-6-412 — AR Code / Title 24 / Chapter 6 / Subchapter 4 / Section 24-6-412
Refund of contributions
Status: in_force

(a) (1) In the event a member leaves the employ of the Division of Arkansas State Police prior to the date he or she becomes entitled to retire with a pension payable from the funds of the State Police Retirement System, he or she shall be paid, upon his or her written application filed with the Board of Trustees of the State Police Retirement System, the accumulated contributions standing to his or her credit in the member's deposit account if his or her separation from the employ of the division occurs after five (5) years from the date he or she last became a member of the system. (2) If his or her separation from the employ of the division occurs within a period of five (5) years from and after the date he or she last became a member of the system, he or she shall be paid upon his or her written application filed with the board his or her accumulated contributions standing to his or her credit in the members' deposit account less the total interest credited to his or her individual account therein. (b) (1) In the event a member dies and does not leave a beneficiary entitled to a pension payable from funds of the system, his or her 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 such persons as he or she shall have nominated by written designation duly executed and filed with the board. (2) If there is no designated person surviving the member, his or her accumulated contributions shall be paid in accordance with the laws of descent and distribution of the State of Arkansas. (3) The payments may be made directly to a curator, guardian, administrator, or executor authorized to receive such payments wherever the representative may be with or without the appointment of a representative in this state. (c) Refunds of a member's contributions or accumulated contributions, as the case may be, may be made in equal installments according to the rules that the board may adopt from time to time. Amended by Act 2019, No. 315,§ 2879, eff. 7/24/2019. Acts 1997, No. 1071, § 1.

(a) (1) In the event a member leaves the employ of the Division of Arkansas State Police prior to the date he or she becomes entitled to retire with a pension payable from the funds of the State Police Retirement System, he or she shall be paid, upon his or her written application filed with the Board of Trustees of the State Police Retirement System, the accumulated contributions standing to his or her credit in the member's deposit account if his or her separation from the employ of the division occurs after five (5) years from the date he or she last became a member of the system. (2) If his or her separation from the employ of the division occurs within a period of five (5) years from and after the date he or she last became a member of the system, he or she shall be paid upon his or her written application filed with the board his or her accumulated contributions standing to his or her credit in the members' deposit account less the total interest credited to his or her individual account therein.

(1) In the event a member leaves the employ of the Division of Arkansas State Police prior to the date he or she becomes entitled to retire with a pension payable from the funds of the State Police Retirement System, he or she shall be paid, upon his or her written application filed with the Board of Trustees of the State Police Retirement System, the accumulated contributions standing to his or her credit in the member's deposit account if his or her separation from the employ of the division occurs after five (5) years from the date he or she last became a member of the system.

(2) If his or her separation from the employ of the division occurs within a period of five (5) years from and after the date he or she last became a member of the system, he or she shall be paid upon his or her written application filed with the board his or her accumulated contributions standing to his or her credit in the members' deposit account less the total interest credited to his or her individual account therein.

(b) (1) In the event a member dies and does not leave a beneficiary entitled to a pension payable from funds of the system, his or her 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 such persons as he or she shall have nominated by written designation duly executed and filed with the board. (2) If there is no designated person surviving the member, his or her accumulated contributions shall be paid in accordance with the laws of descent and distribution of the State of Arkansas. (3) The payments may be made directly to a curator, guardian, administrator, or executor authorized to receive such payments wherever the representative may be with or without the appointment of a representative in this state.

(1) In the event a member dies and does not leave a beneficiary entitled to a pension payable from funds of the system, his or her 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 such persons as he or she shall have nominated by written designation duly executed and filed with the board.

(2) If there is no designated person surviving the member, his or her accumulated contributions shall be paid in accordance with the laws of descent and distribution of the State of Arkansas.

(3) The payments may be made directly to a curator, guardian, administrator, or executor authorized to receive such payments wherever the representative may be with or without the appointment of a representative in this state.

(c) Refunds of a member's contributions or accumulated contributions, as the case may be, may be made in equal installments according to the rules that the board may adopt from time to time.

Amended by Act 2019, No. 315,§ 2879, eff. 7/24/2019.

Acts 1997, No. 1071, § 1.
Ark. Code Ann. § 24-7-1006 — AR Code / Title 24 / Chapter 7 / Subchapter 10 / Section 24-7-1006
[Repealed]
Status: repealed

Repealed by Act 2013, No. 337,§ 3, eff. 7/1/2013. Acts 1945, No. 83, §§ 1, 2; A.S.A. 1947, §§ 80-3007, 80-3008.

Repealed by Act 2013, No. 337,§ 3, eff. 7/1/2013.

Acts 1945, No. 83, §§ 1, 2; A.S.A. 1947, §§ 80-3007, 80-3008.
Ark. Code Ann. § 24-7-411 — AR Code / Title 24 / Chapter 7 / Subchapter 4 / Section 24-7-411
Compelling payment upon delinquency of employer
Status: in_force

(a) (1) If an employer fails to remit moneys that are required by law or rule to the Arkansas Teacher Retirement System by the date and at the frequency established by the Board of Trustees of the Arkansas Teacher Retirement System, the system shall impose an interest penalty equal to the actuarially assumed rate of return on investments of the Arkansas Teacher Retirement System Fund in the form of interest applied on an annual basis to the moneys due. (2) The interest penalty shall be determined by the system on the date the delinquent funds are received, and a statement of the interest penalty shall be sent to the employer. (3) If the interest penalty or delinquent moneys are not received by the system by the last business day of the month in which the moneys were originally due, then the system may transfer the sums of moneys, including the interest penalty, from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) . (4) The interest penalty shall be computed on the actual days of delinquency and shall be paid to the system to reimburse the trust fund for the money that would have been earned on the moneys had they been paid when due. (b) (1) If an employer fails to file with the system a report required by the board by the date established by the board, then the system shall impose a penalty of one hundred fifty dollars ($150) for each late report. (2) A statement of the penalty shall be sent to the employer. (3) If the penalty is not received by the last business day of the month in which the report was due, then the system may transfer the penalty amount from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) . (4) The penalty amounts collected shall be deposited to the credit of the administrative funds of the system to help defray the cost of additional expenses incurred due to the additional work required to process late reports. (5) In addition to the late report penalty under subdivision (b)(1) of this section, the system may impose an additional penalty of five hundred dollars ($500) for a report that is filed with the system over one (1) month late. (c) The board or its designee may waive penalties and interest for an employer delinquency under this section if the board or its designee finds that: (1) The delinquency was not the result of the employer's nondisclosure, fraud, or misrepresentation; and (2) Under the circumstances, requiring payment of the delinquency by the employer would be unduly penal, burdensome, or result in a manifest injustice. (d) (1) If an employer fails to remit system contributions and reports required under subsections (a) and (b) of this section, the amount of delinquent funds including contributions, penalties, and interest owed to the system may be deducted from the operating funds designated to the employer through the department and remitted directly by the department to the system's appropriate account for the use and benefits of the members. (2) The operating funds from which delinquent funds may be deducted for a public school district or open-enrollment public charter school are limited to: (A) State funding distributed under § 6-20-2305 , including without limitation state foundation funding and state categorical funding; (B) Federal funding to the extent allowed under federal law; and (C) The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter. (e) (1) Beginning on July 1, 2022, the member and employer contributions made by an employer as provided in §§ 24-7-401 and 24-7-406 shall be: (A) Reported electronically by the employer through the system portal; and (B) Paid by the employer through electronic transfer. (2) An employer contribution shall be: (A) Paid to the system at the time and at the frequency established by the board; and (B) Paid concurrently with contributions made by the employees of the employer to the system. (f) (1) An employer shall submit a written request for a temporary waiver to the board by July 1, 2022, when the employer is unable to: (A) Report contributions electronically through the system; or (B) Pay contributions to the system by electronic transfer. (2) A request for a temporary waiver submitted under subdivision (f)(1) of this section shall include a timeline for when the employer will be able to comply with the payment and reporting requirements under this section. Amended by Act 2021, No. 220,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 220,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2886, eff. 7/24/2019. Amended by Act 2013, No. 448,§ 1, eff. 7/1/2013. Acts 1973, No. 427, § 8; A.S.A. 1947, § 80-1442; Acts 1993, No. 300, § 1; 2007, No. 97, § 5; 2009, No. 467, § 1.

(a) (1) If an employer fails to remit moneys that are required by law or rule to the Arkansas Teacher Retirement System by the date and at the frequency established by the Board of Trustees of the Arkansas Teacher Retirement System, the system shall impose an interest penalty equal to the actuarially assumed rate of return on investments of the Arkansas Teacher Retirement System Fund in the form of interest applied on an annual basis to the moneys due. (2) The interest penalty shall be determined by the system on the date the delinquent funds are received, and a statement of the interest penalty shall be sent to the employer. (3) If the interest penalty or delinquent moneys are not received by the system by the last business day of the month in which the moneys were originally due, then the system may transfer the sums of moneys, including the interest penalty, from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) . (4) The interest penalty shall be computed on the actual days of delinquency and shall be paid to the system to reimburse the trust fund for the money that would have been earned on the moneys had they been paid when due.

(1) If an employer fails to remit moneys that are required by law or rule to the Arkansas Teacher Retirement System by the date and at the frequency established by the Board of Trustees of the Arkansas Teacher Retirement System, the system shall impose an interest penalty equal to the actuarially assumed rate of return on investments of the Arkansas Teacher Retirement System Fund in the form of interest applied on an annual basis to the moneys due.

(2) The interest penalty shall be determined by the system on the date the delinquent funds are received, and a statement of the interest penalty shall be sent to the employer.

(3) If the interest penalty or delinquent moneys are not received by the system by the last business day of the month in which the moneys were originally due, then the system may transfer the sums of moneys, including the interest penalty, from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) .

(4) The interest penalty shall be computed on the actual days of delinquency and shall be paid to the system to reimburse the trust fund for the money that would have been earned on the moneys had they been paid when due.

(b) (1) If an employer fails to file with the system a report required by the board by the date established by the board, then the system shall impose a penalty of one hundred fifty dollars ($150) for each late report. (2) A statement of the penalty shall be sent to the employer. (3) If the penalty is not received by the last business day of the month in which the report was due, then the system may transfer the penalty amount from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) . (4) The penalty amounts collected shall be deposited to the credit of the administrative funds of the system to help defray the cost of additional expenses incurred due to the additional work required to process late reports. (5) In addition to the late report penalty under subdivision (b)(1) of this section, the system may impose an additional penalty of five hundred dollars ($500) for a report that is filed with the system over one (1) month late.

(1) If an employer fails to file with the system a report required by the board by the date established by the board, then the system shall impose a penalty of one hundred fifty dollars ($150) for each late report.

(2) A statement of the penalty shall be sent to the employer.

(3) If the penalty is not received by the last business day of the month in which the report was due, then the system may transfer the penalty amount from any moneys due the employer from the Treasurer of State and the Department of Education as provided in § 19-5-106(a)(5) .

(4) The penalty amounts collected shall be deposited to the credit of the administrative funds of the system to help defray the cost of additional expenses incurred due to the additional work required to process late reports.

(5) In addition to the late report penalty under subdivision (b)(1) of this section, the system may impose an additional penalty of five hundred dollars ($500) for a report that is filed with the system over one (1) month late.

(c) The board or its designee may waive penalties and interest for an employer delinquency under this section if the board or its designee finds that: (1) The delinquency was not the result of the employer's nondisclosure, fraud, or misrepresentation; and (2) Under the circumstances, requiring payment of the delinquency by the employer would be unduly penal, burdensome, or result in a manifest injustice.

(1) The delinquency was not the result of the employer's nondisclosure, fraud, or misrepresentation; and

(2) Under the circumstances, requiring payment of the delinquency by the employer would be unduly penal, burdensome, or result in a manifest injustice.

(d) (1) If an employer fails to remit system contributions and reports required under subsections (a) and (b) of this section, the amount of delinquent funds including contributions, penalties, and interest owed to the system may be deducted from the operating funds designated to the employer through the department and remitted directly by the department to the system's appropriate account for the use and benefits of the members. (2) The operating funds from which delinquent funds may be deducted for a public school district or open-enrollment public charter school are limited to: (A) State funding distributed under § 6-20-2305 , including without limitation state foundation funding and state categorical funding; (B) Federal funding to the extent allowed under federal law; and (C) The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter.

(1) If an employer fails to remit system contributions and reports required under subsections (a) and (b) of this section, the amount of delinquent funds including contributions, penalties, and interest owed to the system may be deducted from the operating funds designated to the employer through the department and remitted directly by the department to the system's appropriate account for the use and benefits of the members.

(2) The operating funds from which delinquent funds may be deducted for a public school district or open-enrollment public charter school are limited to: (A) State funding distributed under § 6-20-2305 , including without limitation state foundation funding and state categorical funding; (B) Federal funding to the extent allowed under federal law; and (C) The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter.

(A) State funding distributed under § 6-20-2305 , including without limitation state foundation funding and state categorical funding;

(B) Federal funding to the extent allowed under federal law; and

(C) The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter.

(e) (1) Beginning on July 1, 2022, the member and employer contributions made by an employer as provided in §§ 24-7-401 and 24-7-406 shall be: (A) Reported electronically by the employer through the system portal; and (B) Paid by the employer through electronic transfer. (2) An employer contribution shall be: (A) Paid to the system at the time and at the frequency established by the board; and (B) Paid concurrently with contributions made by the employees of the employer to the system.

(1) Beginning on July 1, 2022, the member and employer contributions made by an employer as provided in §§ 24-7-401 and 24-7-406 shall be: (A) Reported electronically by the employer through the system portal; and (B) Paid by the employer through electronic transfer.

(A) Reported electronically by the employer through the system portal; and

(B) Paid by the employer through electronic transfer.

(2) An employer contribution shall be: (A) Paid to the system at the time and at the frequency established by the board; and (B) Paid concurrently with contributions made by the employees of the employer to the system.

(A) Paid to the system at the time and at the frequency established by the board; and

(B) Paid concurrently with contributions made by the employees of the employer to the system.

(f) (1) An employer shall submit a written request for a temporary waiver to the board by July 1, 2022, when the employer is unable to: (A) Report contributions electronically through the system; or (B) Pay contributions to the system by electronic transfer. (2) A request for a temporary waiver submitted under subdivision (f)(1) of this section shall include a timeline for when the employer will be able to comply with the payment and reporting requirements under this section.

(1) An employer shall submit a written request for a temporary waiver to the board by July 1, 2022, when the employer is unable to: (A) Report contributions electronically through the system; or (B) Pay contributions to the system by electronic transfer.

(A) Report contributions electronically through the system; or

(B) Pay contributions to the system by electronic transfer.

(2) A request for a temporary waiver submitted under subdivision (f)(1) of this section shall include a timeline for when the employer will be able to comply with the payment and reporting requirements under this section.

Amended by Act 2021, No. 220,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 220,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2886, eff. 7/24/2019.

Amended by Act 2013, No. 448,§ 1, eff. 7/1/2013.

Acts 1973, No. 427, § 8; A.S.A. 1947, § 80-1442; Acts 1993, No. 300, § 1; 2007, No. 97, § 5; 2009, No. 467, § 1.
Ark. Code Ann. § 24-8-201 — AR Code / Title 24 / Chapter 8 / Subchapter 2 / Section 24-8-201
Public policy
Status: in_force

It is declared to be the state's public policy that chancery and circuit court judges and justices of the Supreme Court may retire or be retired when that course appears to be in the best interest of the official concerned and for the public welfare. Factors suggesting the desirability of retirement are physical disability, advanced age, or other infirmities calculated to materially impair usefulness. In addition, it is the public policy of the state to provide sufficient retirement and survivors' benefits for the chancery and circuit court judges and justices of the Supreme Court of the state to attract and retain highly capable members of the legal profession for service in the state judiciary. Acts 1953, No. 365, § 1; 1965, No. 139, § 1; A.S.A. 1947, § 22-901.

It is declared to be the state's public policy that chancery and circuit court judges and justices of the Supreme Court may retire or be retired when that course appears to be in the best interest of the official concerned and for the public welfare. Factors suggesting the desirability of retirement are physical disability, advanced age, or other infirmities calculated to materially impair usefulness. In addition, it is the public policy of the state to provide sufficient retirement and survivors' benefits for the chancery and circuit court judges and justices of the Supreme Court of the state to attract and retain highly capable members of the legal profession for service in the state judiciary.

Acts 1953, No. 365, § 1; 1965, No. 139, § 1; A.S.A. 1947, § 22-901.
Ark. Code Ann. § 24-1-102 — AR Code / Title 24 / Chapter 1 / Subchapter 1 / Section 24-1-102
Annual valuation
Status: in_force

(a) Annually, each Arkansas state-supported retirement system shall make a valuation of each system's assets and incomes for the system. (b) Actuarial assumptions and methods which are used for the annual valuation of each Arkansas state-supported retirement system shall be set by each system's board based upon the recommendations made by the board's actuary and agreed upon by the actuary employed by the Joint Committee on Public Retirement and Social Security Programs or other actuary employed by the General Assembly to review public retirement system legislation. (c) If the board's actuary and the actuary employed by the General Assembly do not agree as to the actuarial assumptions and methods used to calculate the system's valuation, then a third actuary shall be selected mutually between the actuaries, and the third actuary shall determine the actuarial assumptions and methods to be used. (d) The actuarial assumptions and methods shall include the actuarial funding method, the method of valuing assets, and similar actuarial matters involved in the actuarial valuation. Acts 1995, No. 613, § 2.

(a) Annually, each Arkansas state-supported retirement system shall make a valuation of each system's assets and incomes for the system.

(b) Actuarial assumptions and methods which are used for the annual valuation of each Arkansas state-supported retirement system shall be set by each system's board based upon the recommendations made by the board's actuary and agreed upon by the actuary employed by the Joint Committee on Public Retirement and Social Security Programs or other actuary employed by the General Assembly to review public retirement system legislation.

(c) If the board's actuary and the actuary employed by the General Assembly do not agree as to the actuarial assumptions and methods used to calculate the system's valuation, then a third actuary shall be selected mutually between the actuaries, and the third actuary shall determine the actuarial assumptions and methods to be used.

(d) The actuarial assumptions and methods shall include the actuarial funding method, the method of valuing assets, and similar actuarial matters involved in the actuarial valuation.

Acts 1995, No. 613, § 2.
Ark. Code Ann. § 24-6-212 — AR Code / Title 24 / Chapter 6 / Subchapter 2 / Section 24-6-212
Eligibility for benefits - Voluntary retirement for contributory members
Status: in_force

(a) (1) Any contributory member who has acquired twenty (20) or more years of credited service or any contributory member who has attained fifty (50) years of age and has acquired five (5) or more years of actual service may voluntarily retire upon written application filed with the Board of Trustees of the State Police Retirement System. (2) This application shall set forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires to be retired. (b) Upon his or her retirement, he or she shall receive a pension provided for in § 24-6-214 . Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1959, No. 484, § 5; 1971, No. 309, § 1; A.S.A. 1947, § 42-455; Acts 1997, No. 1053, § 19; 2001, No. 151, § 58.

(a) (1) Any contributory member who has acquired twenty (20) or more years of credited service or any contributory member who has attained fifty (50) years of age and has acquired five (5) or more years of actual service may voluntarily retire upon written application filed with the Board of Trustees of the State Police Retirement System. (2) This application shall set forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires to be retired.

(1) Any contributory member who has acquired twenty (20) or more years of credited service or any contributory member who has attained fifty (50) years of age and has acquired five (5) or more years of actual service may voluntarily retire upon written application filed with the Board of Trustees of the State Police Retirement System.

(2) This application shall set forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires to be retired.

(b) Upon his or her retirement, he or she shall receive a pension provided for in § 24-6-214 .

Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1959, No. 484, § 5; 1971, No. 309, § 1; A.S.A. 1947, § 42-455; Acts 1997, No. 1053, § 19; 2001, No. 151, § 58.
Ark. Code Ann. § 24-8-101 — AR Code / Title 24 / Chapter 8 / Subchapter 1 / Section 24-8-101
Previously retired justice
Status: in_force

(a) Any judge or justice under seventy (70) years of age who is receiving retirement benefits under § 24-8-201 et seq. or § 24-8-701 et seq., who is elected or appointed to any judicial office in this state, and who foregoes receipt of retirement benefits while serving in the judicial office shall be entitled to resume receiving his or her previous retirement benefits upon termination of the subsequent service. (b) If at the time of the initial retirement the judge or justice was entitled to the benefits of the escalator clause provided in § 24-8-218(c)(1) or postretirement benefits provided in § 24-8-223 or § 24-8-717 , the judge or justice and the judge's or justice's survivors shall again be entitled to the benefits upon the termination of any such subsequent judicial service. Acts 2001, No. 626, § 1.

(a) Any judge or justice under seventy (70) years of age who is receiving retirement benefits under § 24-8-201 et seq. or § 24-8-701 et seq., who is elected or appointed to any judicial office in this state, and who foregoes receipt of retirement benefits while serving in the judicial office shall be entitled to resume receiving his or her previous retirement benefits upon termination of the subsequent service.

(b) If at the time of the initial retirement the judge or justice was entitled to the benefits of the escalator clause provided in § 24-8-218(c)(1) or postretirement benefits provided in § 24-8-223 or § 24-8-717 , the judge or justice and the judge's or justice's survivors shall again be entitled to the benefits upon the termination of any such subsequent judicial service.

Acts 2001, No. 626, § 1.
Ark. Code Ann. § 24-11-822 — AR Code / Title 24 / Chapter 11 / Subchapter 8 / Section 24-11-822
Benefits - Payments upon death of retirant or beneficiary
Status: in_force

(a) (1) If a retirant and his or her eligible beneficiary, if any, of a local firemen's relief and pension fund authorized by this subchapter, both die before they have received in annuity payments a total amount equal to the accumulated contributions, including any interest credits standing to the retirant's credit in the 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 estate of the retirant or the estate of the retirant's beneficiary. (2) If the retirant or the retirant's beneficiary dies intestate, the difference shall be paid to the heirs of the retirant or the retirant's beneficiary according to the Arkansas laws of descent and distribution, § 28-9-201 et seq., without regard to the residence of the retirant or the retirant's beneficiary at the time of death upon submission of sufficient proof of heirship to the board. (b) If an active member dies and does not leave a beneficiary entitled to an annuity payment, the difference between the accumulated contributions, including any interest credits standing to the member's credit in the system at the time of his or her death, and the total amount of annuities received by him or her shall be paid to the estate of the member, or if the member dies intestate, shall be distributed to his or her heirs according to the Arkansas laws of descent and distribution, § 28-9-201 et seq., without regard to the residence of the member at the time of his or her death upon submission of sufficient proof of heirship to the board. (c) The payments shall be made by the board in accordance with the order of the circuit court in cases involving an estate or directly to those authorized to receive payments according to the Arkansas laws of descent and distribution in cases of intestacy. Acts 1989, No. 409, § 1.

(a) (1) If a retirant and his or her eligible beneficiary, if any, of a local firemen's relief and pension fund authorized by this subchapter, both die before they have received in annuity payments a total amount equal to the accumulated contributions, including any interest credits standing to the retirant's credit in the 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 estate of the retirant or the estate of the retirant's beneficiary. (2) If the retirant or the retirant's beneficiary dies intestate, the difference shall be paid to the heirs of the retirant or the retirant's beneficiary according to the Arkansas laws of descent and distribution, § 28-9-201 et seq., without regard to the residence of the retirant or the retirant's beneficiary at the time of death upon submission of sufficient proof of heirship to the board.

(1) If a retirant and his or her eligible beneficiary, if any, of a local firemen's relief and pension fund authorized by this subchapter, both die before they have received in annuity payments a total amount equal to the accumulated contributions, including any interest credits standing to the retirant's credit in the 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 estate of the retirant or the estate of the retirant's beneficiary.

(2) If the retirant or the retirant's beneficiary dies intestate, the difference shall be paid to the heirs of the retirant or the retirant's beneficiary according to the Arkansas laws of descent and distribution, § 28-9-201 et seq., without regard to the residence of the retirant or the retirant's beneficiary at the time of death upon submission of sufficient proof of heirship to the board.

(b) If an active member dies and does not leave a beneficiary entitled to an annuity payment, the difference between the accumulated contributions, including any interest credits standing to the member's credit in the system at the time of his or her death, and the total amount of annuities received by him or her shall be paid to the estate of the member, or if the member dies intestate, shall be distributed to his or her heirs according to the Arkansas laws of descent and distribution, § 28-9-201 et seq., without regard to the residence of the member at the time of his or her death upon submission of sufficient proof of heirship to the board.

(c) The payments shall be made by the board in accordance with the order of the circuit court in cases involving an estate or directly to those authorized to receive payments according to the Arkansas laws of descent and distribution in cases of intestacy.

Acts 1989, No. 409, § 1.
Ark. Code Ann. § 24-7-716 — AR Code / Title 24 / Chapter 7 / Subchapter 7 / Section 24-7-716
[Repealed]
Status: repealed

Repealed by Act 2015, No. 225,§ 1, eff. 7/1/2015. Acts 1973, No. 427, § 9; 1985, No. 805, § 10; A.S.A. 1947, § 80-1443.

Repealed by Act 2015, No. 225,§ 1, eff. 7/1/2015.

Acts 1973, No. 427, § 9; 1985, No. 805, § 10; A.S.A. 1947, § 80-1443.
Ark. Code Ann. § 24-5-103 — AR Code / Title 24 / Chapter 5 / Subchapter 1 / Section 24-5-103
Establishment of system
Status: in_force

There is created and established a retirement system for employees of the Arkansas Department of Transportation to be known as the "Arkansas State Highway Employees' Retirement System", all the business of which shall be transacted through a board of trustees as provided for in this chapter. Amended by Act 2017, No. 707,§ 274, eff. 8/1/2017. Acts 1949, No. 454, § 2; A.S.A. 1947, § 76-1902.

There is created and established a retirement system for employees of the Arkansas Department of Transportation to be known as the "Arkansas State Highway Employees' Retirement System", all the business of which shall be transacted through a board of trustees as provided for in this chapter.

Amended by Act 2017, No. 707,§ 274, eff. 8/1/2017.

Acts 1949, No. 454, § 2; A.S.A. 1947, § 76-1902.
Ark. Code Ann. § 24-6-302 — AR Code / Title 24 / Chapter 6 / Subchapter 3 / Section 24-6-302
Credited service
Status: in_force

For purposes of this subchapter, credited service shall include service credit recognized pursuant to § 24-6-201(11) . Acts 1995, No. 967, § 1; 2001, No. 151, § 64.

For purposes of this subchapter, credited service shall include service credit recognized pursuant to § 24-6-201(11) .

Acts 1995, No. 967, § 1; 2001, No. 151, § 64.
Ark. Code Ann. § 24-12-117 — AR Code / Title 24 / Chapter 12 / Subchapter 1 / Section 24-12-117
Benefits - Death of employee
Status: in_force

(a) (1) If while in the performance of his or her duty any employee shall be killed or die as a result of injuries received in performing that duty, or shall die of a disease contracted by reason of that occupation, or shall die of natural causes while in service, and shall leave a spouse or children under the age of sixteen (16) surviving, the board of trustees of the pension and relief fund for paid nonuniformed employees shall direct a payment of fifty dollars ($50.00) monthly from the pension and relief fund for paid nonuniformed employees to the spouse, while unmarried, or to the guardian of the minor children until the youngest of the children shall attain the age of sixteen (16). (2) Should the employee leave no spouse or minor children under sixteen (16) years of age, but a parent solely dependent upon the employee's support, the board shall pay the sum of fifty dollars ($50.00) monthly as long as the dependent parent remains unmarried. (3) If any employee already retired and pensioned under this act shall die while so retired and pensioned, leaving a spouse, minor children under the age of sixteen (16), or dependent parent surviving, then each of them shall also be entitled to a pension under this act. (b) (1) When entitled to a pension as provided by this act, a spouse, children, or a dependent parent shall make application to the board, through the secretary of the board, on a form to be provided by the board. (2) Accompanying the application shall be proof of the marriage of the deceased spouse to the claimant. (3) Proof of birth of children shall be established by birth certificate, baptismal certificate, or other proof recognized by the Division of Vital Records of the Department of Health. (4) All applications and proof shall be retained in the custody of the board, and due notice of that action shall be registered by the secretary in his or her office. (c) Every paid nonuniformed employee shall file with the secretary the names of those persons to whom death benefits are to be paid and shall set forth the relationship of the beneficiaries to the employee. Acts 1949, No. 147, §§ 8, 13, 19; 1981, No. 909, §§ 6, 7; A.S.A. 1947, §§ 19-929, 19-934, 19-940.

(a) (1) If while in the performance of his or her duty any employee shall be killed or die as a result of injuries received in performing that duty, or shall die of a disease contracted by reason of that occupation, or shall die of natural causes while in service, and shall leave a spouse or children under the age of sixteen (16) surviving, the board of trustees of the pension and relief fund for paid nonuniformed employees shall direct a payment of fifty dollars ($50.00) monthly from the pension and relief fund for paid nonuniformed employees to the spouse, while unmarried, or to the guardian of the minor children until the youngest of the children shall attain the age of sixteen (16). (2) Should the employee leave no spouse or minor children under sixteen (16) years of age, but a parent solely dependent upon the employee's support, the board shall pay the sum of fifty dollars ($50.00) monthly as long as the dependent parent remains unmarried. (3) If any employee already retired and pensioned under this act shall die while so retired and pensioned, leaving a spouse, minor children under the age of sixteen (16), or dependent parent surviving, then each of them shall also be entitled to a pension under this act.

(1) If while in the performance of his or her duty any employee shall be killed or die as a result of injuries received in performing that duty, or shall die of a disease contracted by reason of that occupation, or shall die of natural causes while in service, and shall leave a spouse or children under the age of sixteen (16) surviving, the board of trustees of the pension and relief fund for paid nonuniformed employees shall direct a payment of fifty dollars ($50.00) monthly from the pension and relief fund for paid nonuniformed employees to the spouse, while unmarried, or to the guardian of the minor children until the youngest of the children shall attain the age of sixteen (16).

(2) Should the employee leave no spouse or minor children under sixteen (16) years of age, but a parent solely dependent upon the employee's support, the board shall pay the sum of fifty dollars ($50.00) monthly as long as the dependent parent remains unmarried.

(3) If any employee already retired and pensioned under this act shall die while so retired and pensioned, leaving a spouse, minor children under the age of sixteen (16), or dependent parent surviving, then each of them shall also be entitled to a pension under this act.

(b) (1) When entitled to a pension as provided by this act, a spouse, children, or a dependent parent shall make application to the board, through the secretary of the board, on a form to be provided by the board. (2) Accompanying the application shall be proof of the marriage of the deceased spouse to the claimant. (3) Proof of birth of children shall be established by birth certificate, baptismal certificate, or other proof recognized by the Division of Vital Records of the Department of Health. (4) All applications and proof shall be retained in the custody of the board, and due notice of that action shall be registered by the secretary in his or her office.

(1) When entitled to a pension as provided by this act, a spouse, children, or a dependent parent shall make application to the board, through the secretary of the board, on a form to be provided by the board.

(2) Accompanying the application shall be proof of the marriage of the deceased spouse to the claimant.

(3) Proof of birth of children shall be established by birth certificate, baptismal certificate, or other proof recognized by the Division of Vital Records of the Department of Health.

(4) All applications and proof shall be retained in the custody of the board, and due notice of that action shall be registered by the secretary in his or her office.

(c) Every paid nonuniformed employee shall file with the secretary the names of those persons to whom death benefits are to be paid and shall set forth the relationship of the beneficiaries to the employee.

Acts 1949, No. 147, §§ 8, 13, 19; 1981, No. 909, §§ 6, 7; A.S.A. 1947, §§ 19-929, 19-934, 19-940.
Ark. Code Ann. § 24-8-501 — AR Code / Title 24 / Chapter 8 / Subchapter 5 / Section 24-8-501
Municipal or police judges
Status: in_force

(a) (1) Any person who has held office as municipal judge or police judge for a period of thirty (30) years or more shall receive during the remainder of his or her life, as a pension, one-half (½) of the salary payable to the municipal judge of the court he or she served upon his or her retirement from office. (2) The pension shall be payable in the same manner as the salary of the municipal judge is paid. (b) (1) Any person who has held the office of municipal judge and, upon retirement, has accumulated not less than twenty (20) years or more of service as municipal judge or police judge shall, upon reaching sixty (60) years of age, receive, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to his or her retirement from office. (2) The amount shall be one-half (½) of the salary which was payable to the municipal judge of the court on July 1, 1973, but in no event shall that person receive less than one-half (½) of the annual salary which was paid to him or her at the time of his or her retirement or at the time that he or she was succeeded by another judge. (3) The pension shall be payable in the same manner as the salary of the municipal judge is paid. (4) Any municipal judge who is entitled to a pension under any previous act shall be entitled to receive his or her pension benefits under this section. (c) (1) Any person who has served four (4) or more years as a member of the General Assembly and has held the office of municipal judge and, upon retirement, has accumulated not less than twelve (12) years of service as municipal judge shall receive, upon reaching sixty (60) years of age, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to retirement from office. (2) The amount shall be three-tenths (3/10) of the salary of the present municipal judge, but in no event shall that person receive less than three-tenths (3/10) of the salary which was paid to him or her at the time of his or her retirement or at the time he or she was succeeded by another judge. (3) The pension shall be paid in the same manner as provided in this section for judges having twenty (20) years or more of service. Acts 1953, No. 160, § 1; 1969, No. 279, § 1; 1971, No. 62, § 1; 1973, No. 480, § 1; 1975, No. 998, § 1; A.S.A. 1947, § 22-739; Acts 1995, No. 555, § 1.

(a) (1) Any person who has held office as municipal judge or police judge for a period of thirty (30) years or more shall receive during the remainder of his or her life, as a pension, one-half (½) of the salary payable to the municipal judge of the court he or she served upon his or her retirement from office. (2) The pension shall be payable in the same manner as the salary of the municipal judge is paid.

(1) Any person who has held office as municipal judge or police judge for a period of thirty (30) years or more shall receive during the remainder of his or her life, as a pension, one-half (½) of the salary payable to the municipal judge of the court he or she served upon his or her retirement from office.

(2) The pension shall be payable in the same manner as the salary of the municipal judge is paid.

(b) (1) Any person who has held the office of municipal judge and, upon retirement, has accumulated not less than twenty (20) years or more of service as municipal judge or police judge shall, upon reaching sixty (60) years of age, receive, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to his or her retirement from office. (2) The amount shall be one-half (½) of the salary which was payable to the municipal judge of the court on July 1, 1973, but in no event shall that person receive less than one-half (½) of the annual salary which was paid to him or her at the time of his or her retirement or at the time that he or she was succeeded by another judge. (3) The pension shall be payable in the same manner as the salary of the municipal judge is paid. (4) Any municipal judge who is entitled to a pension under any previous act shall be entitled to receive his or her pension benefits under this section.

(1) Any person who has held the office of municipal judge and, upon retirement, has accumulated not less than twenty (20) years or more of service as municipal judge or police judge shall, upon reaching sixty (60) years of age, receive, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to his or her retirement from office.

(2) The amount shall be one-half (½) of the salary which was payable to the municipal judge of the court on July 1, 1973, but in no event shall that person receive less than one-half (½) of the annual salary which was paid to him or her at the time of his or her retirement or at the time that he or she was succeeded by another judge.

(3) The pension shall be payable in the same manner as the salary of the municipal judge is paid.

(4) Any municipal judge who is entitled to a pension under any previous act shall be entitled to receive his or her pension benefits under this section.

(c) (1) Any person who has served four (4) or more years as a member of the General Assembly and has held the office of municipal judge and, upon retirement, has accumulated not less than twelve (12) years of service as municipal judge shall receive, upon reaching sixty (60) years of age, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to retirement from office. (2) The amount shall be three-tenths (3/10) of the salary of the present municipal judge, but in no event shall that person receive less than three-tenths (3/10) of the salary which was paid to him or her at the time of his or her retirement or at the time he or she was succeeded by another judge. (3) The pension shall be paid in the same manner as provided in this section for judges having twenty (20) years or more of service.

(1) Any person who has served four (4) or more years as a member of the General Assembly and has held the office of municipal judge and, upon retirement, has accumulated not less than twelve (12) years of service as municipal judge shall receive, upon reaching sixty (60) years of age, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to retirement from office.

(2) The amount shall be three-tenths (3/10) of the salary of the present municipal judge, but in no event shall that person receive less than three-tenths (3/10) of the salary which was paid to him or her at the time of his or her retirement or at the time he or she was succeeded by another judge.

(3) The pension shall be paid in the same manner as provided in this section for judges having twenty (20) years or more of service.

Acts 1953, No. 160, § 1; 1969, No. 279, § 1; 1971, No. 62, § 1; 1973, No. 480, § 1; 1975, No. 998, § 1; A.S.A. 1947, § 22-739; Acts 1995, No. 555, § 1.
Ark. Code Ann. § 24-4-511 — AR Code / Title 24 / Chapter 4 / Subchapter 5 / Section 24-4-511
Eligibility for benefits - Disability retirement - Definitions
Status: in_force

(a) (1) (A) (i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees' Retirement System upon written application filed with the board by or on behalf of the member. (ii) (a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty. (b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (iii) As used in subdivision (a)(1)(A)(ii) of this section, "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. (B) This may occur only if after a medical examination of the member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in writing that the member is physically or mentally totally incapacitated for any suitable job or position, that the incapacity will probably be permanent, and that the member should be retired. (2) Upon filing the proper application and meeting the requirements stated in this section, the disability annuity shall be effective the first day of the calendar month following the Arkansas Public Employees' Retirement System's approval of the disability application. (b) (1) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-4-601 , and his or her disability retirement and annuity shall be subject to the provisions of subsections (c) and (d) of this section. (2) When a person retired on disability under this chapter reaches the age required for full age and service retirement benefits, the person's retirement status shall be changed from that of disability to superannuation. (3) (A) (i) A person who receives or who is receiving a benefit solely because of disability but who meets or has met the elected credited service and total credited service requirement but not the age requirement for a benefit provided for a member with elected service, upon attaining the required age, may have his or her disability retirement status changed to superannuation. (ii) The person's benefit shall be the age and service amount provided by his or her credited service in effect before termination of employment because of disability. (B) The change must be made by formal request of the retirant to the board on a form to be furnished by the Arkansas Public Employees' Retirement System and filed with the system setting forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires the change to be effective. (C) In no event shall the change be effective earlier than the first of the month following attainment of the age required for the age and service benefit provided by his or her amount of credited service, and, after the effective date, he or she shall be eligible to return to employment subject to the provisions of § 24-4-520 . (c) (1) At least one (1) time each year during the first five (5) years following a member's retirement on account of disability and at least one (1) time in each three-year period thereafter, the board may require any disability retirant who has not attained the normal retirement age for full age and service retirement benefits to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. (2) If a retirant refuses to submit to a medical examination in any period, his or her disability annuity may be suspended by the board until his or her withdrawal of the refusal. (3) If the refusal continues for one (1) year, all of the retirant's rights 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 for a suitable job or position as an employee, his or her disability retirement shall terminate. (5) If a disability retirant secures employment with an employer not considered a public employer, as defined in § 24-4-101 , for the purpose of determining whether he or she is capable of returning to employment, then the disability retirant shall be allowed to earn compensation from the employment for a period of time not to exceed nine (9) months, during which period of time the retirant shall receive no monthly benefits from the system. (6) If the retirant becomes unable to continue his or her employment before the nine-month period expires, then the retirant's disability retirement benefits from the system shall be reinstated and shall be effective the first day of the month after terminating his or her employment. (7) Only one (1) trial work period is allowed any disability retirant, but the nine (9) months need not be consecutive. (8) The trial work period does not prevent the consideration of any medical evidence which may demonstrate recovery before the ninth month of trial work. (d) (1) If at the end of the nine-month trial work period the retirant wishes to continue his or her employment outside the system, then the retirant's disability retirement status shall terminate. For the purpose of determining his or her eligibility for any other benefit, the retirant shall be considered to have terminated active membership as of the time of disability retirement but for a reason other than disability or death. (2) If the former disability retirant again becomes an employee of a public employer, as defined in § 24-4-101 , the retirant shall immediately again become a member of the system, his or her credited service at the time of his or her disability retirement shall be restored to the retirant's credit, and the amount of his or her accumulated contributions at the time of his or her disability retirement shall be restored to his or her credit in the members' deposit account. (3) In no event shall the retirant be given service credit for the period he or she was in receipt of the disability annuity. (4) Should the former disability retirant again become totally and permanently disabled within twenty-four (24) months immediately following his or her return to membership or should the retirant qualify for benefits by reason of age and service, the eighteen (18) months' credited service requirement specified in this section shall be waived. (e) (1) As used in this section, "suitable job or position" means a job or position, the requirements of which can be physically or mentally performed, as determined by a physician, and for which the remuneration would be substantially gainful. (2) In case of doubt as to what would be substantially gainful, the board shall have the final power to decide the question. (3) Any former member who is or was approved for disability by the Social Security Administration but whose onset date does not meet the provision of subdivision (a)(1)(A) of this section that requires credited service for eighteen (18) of the twenty-four (24) months immediately preceding the disability may be retired by the board upon written application to the board subject to the following: (A) The onset date determined by the Social Security Administration is within twenty-four (24) months of the date of termination from covered employment; (B) The former member furnishes a written statement to the board from a physician approved by the board that the former member was suffering at the time of termination from an illness or injury that subsequently led to the disability determination; and (C) Retirement payments authorized under this section shall be effective on the first day of the next month following approval by the board of the written application and shall not be retroactive. Amended by Act 2019, No. 638,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 332,§ 9, eff. 3/14/2013. Acts 1957, No. 177, § 10; 1959, No. 42, § 10; 1973, No. 586, § 4; 1975, No. 907, § 8; 1977, No. 663, § 3; 1981, No. 859, § 4; 1985, No. 448, § 1; A.S.A. 1947, § 12-2510; Acts 1999, No. 325, § 8; 1999, No. 868, § 3; 2001, No. 151, § 25.

(a) (1) (A) (i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees' Retirement System upon written application filed with the board by or on behalf of the member. (ii) (a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty. (b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (iii) As used in subdivision (a)(1)(A)(ii) of this section, "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. (B) This may occur only if after a medical examination of the member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in writing that the member is physically or mentally totally incapacitated for any suitable job or position, that the incapacity will probably be permanent, and that the member should be retired. (2) Upon filing the proper application and meeting the requirements stated in this section, the disability annuity shall be effective the first day of the calendar month following the Arkansas Public Employees' Retirement System's approval of the disability application.

(1) (A) (i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees' Retirement System upon written application filed with the board by or on behalf of the member. (ii) (a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty. (b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (iii) As used in subdivision (a)(1)(A)(ii) of this section, "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. (B) This may occur only if after a medical examination of the member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in writing that the member is physically or mentally totally incapacitated for any suitable job or position, that the incapacity will probably be permanent, and that the member should be retired.

(A) (i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees' Retirement System upon written application filed with the board by or on behalf of the member. (ii) (a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty. (b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (iii) As used in subdivision (a)(1)(A)(ii) of this section, "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.

(i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees' Retirement System upon written application filed with the board by or on behalf of the member.

(ii) (a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty. (b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(a) As used in subdivision (a)(1)(A)(i) of this section, "disease" includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty.

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

(iii) As used in subdivision (a)(1)(A)(ii) of this section, "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.

(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.

(B) This may occur only if after a medical examination of the member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in writing that the member is physically or mentally totally incapacitated for any suitable job or position, that the incapacity will probably be permanent, and that the member should be retired.

(2) Upon filing the proper application and meeting the requirements stated in this section, the disability annuity shall be effective the first day of the calendar month following the Arkansas Public Employees' Retirement System's approval of the disability application.

(b) (1) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-4-601 , and his or her disability retirement and annuity shall be subject to the provisions of subsections (c) and (d) of this section. (2) When a person retired on disability under this chapter reaches the age required for full age and service retirement benefits, the person's retirement status shall be changed from that of disability to superannuation. (3) (A) (i) A person who receives or who is receiving a benefit solely because of disability but who meets or has met the elected credited service and total credited service requirement but not the age requirement for a benefit provided for a member with elected service, upon attaining the required age, may have his or her disability retirement status changed to superannuation. (ii) The person's benefit shall be the age and service amount provided by his or her credited service in effect before termination of employment because of disability. (B) The change must be made by formal request of the retirant to the board on a form to be furnished by the Arkansas Public Employees' Retirement System and filed with the system setting forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires the change to be effective. (C) In no event shall the change be effective earlier than the first of the month following attainment of the age required for the age and service benefit provided by his or her amount of credited service, and, after the effective date, he or she shall be eligible to return to employment subject to the provisions of § 24-4-520 .

(1) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-4-601 , and his or her disability retirement and annuity shall be subject to the provisions of subsections (c) and (d) of this section.

(2) When a person retired on disability under this chapter reaches the age required for full age and service retirement benefits, the person's retirement status shall be changed from that of disability to superannuation.

(3) (A) (i) A person who receives or who is receiving a benefit solely because of disability but who meets or has met the elected credited service and total credited service requirement but not the age requirement for a benefit provided for a member with elected service, upon attaining the required age, may have his or her disability retirement status changed to superannuation. (ii) The person's benefit shall be the age and service amount provided by his or her credited service in effect before termination of employment because of disability. (B) The change must be made by formal request of the retirant to the board on a form to be furnished by the Arkansas Public Employees' Retirement System and filed with the system setting forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires the change to be effective. (C) In no event shall the change be effective earlier than the first of the month following attainment of the age required for the age and service benefit provided by his or her amount of credited service, and, after the effective date, he or she shall be eligible to return to employment subject to the provisions of § 24-4-520 .

(A) (i) A person who receives or who is receiving a benefit solely because of disability but who meets or has met the elected credited service and total credited service requirement but not the age requirement for a benefit provided for a member with elected service, upon attaining the required age, may have his or her disability retirement status changed to superannuation. (ii) The person's benefit shall be the age and service amount provided by his or her credited service in effect before termination of employment because of disability.

(i) A person who receives or who is receiving a benefit solely because of disability but who meets or has met the elected credited service and total credited service requirement but not the age requirement for a benefit provided for a member with elected service, upon attaining the required age, may have his or her disability retirement status changed to superannuation.

(ii) The person's benefit shall be the age and service amount provided by his or her credited service in effect before termination of employment because of disability.

(B) The change must be made by formal request of the retirant to the board on a form to be furnished by the Arkansas Public Employees' Retirement System and filed with the system setting forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires the change to be effective.

(C) In no event shall the change be effective earlier than the first of the month following attainment of the age required for the age and service benefit provided by his or her amount of credited service, and, after the effective date, he or she shall be eligible to return to employment subject to the provisions of § 24-4-520 .

(c) (1) At least one (1) time each year during the first five (5) years following a member's retirement on account of disability and at least one (1) time in each three-year period thereafter, the board may require any disability retirant who has not attained the normal retirement age for full age and service retirement benefits to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. (2) If a retirant refuses to submit to a medical examination in any period, his or her disability annuity may be suspended by the board until his or her withdrawal of the refusal. (3) If the refusal continues for one (1) year, all of the retirant's rights 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 for a suitable job or position as an employee, his or her disability retirement shall terminate. (5) If a disability retirant secures employment with an employer not considered a public employer, as defined in § 24-4-101 , for the purpose of determining whether he or she is capable of returning to employment, then the disability retirant shall be allowed to earn compensation from the employment for a period of time not to exceed nine (9) months, during which period of time the retirant shall receive no monthly benefits from the system. (6) If the retirant becomes unable to continue his or her employment before the nine-month period expires, then the retirant's disability retirement benefits from the system shall be reinstated and shall be effective the first day of the month after terminating his or her employment. (7) Only one (1) trial work period is allowed any disability retirant, but the nine (9) months need not be consecutive. (8) The trial work period does not prevent the consideration of any medical evidence which may demonstrate recovery before the ninth month of trial work.

(1) At least one (1) time each year during the first five (5) years following a member's retirement on account of disability and at least one (1) time in each three-year period thereafter, the board may require any disability retirant who has not attained the normal retirement age for full age and service retirement benefits to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board.

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

(3) If the refusal continues for one (1) year, all of the retirant's rights 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 for a suitable job or position as an employee, his or her disability retirement shall terminate.

(5) If a disability retirant secures employment with an employer not considered a public employer, as defined in § 24-4-101 , for the purpose of determining whether he or she is capable of returning to employment, then the disability retirant shall be allowed to earn compensation from the employment for a period of time not to exceed nine (9) months, during which period of time the retirant shall receive no monthly benefits from the system.

(6) If the retirant becomes unable to continue his or her employment before the nine-month period expires, then the retirant's disability retirement benefits from the system shall be reinstated and shall be effective the first day of the month after terminating his or her employment.

(7) Only one (1) trial work period is allowed any disability retirant, but the nine (9) months need not be consecutive.

(8) The trial work period does not prevent the consideration of any medical evidence which may demonstrate recovery before the ninth month of trial work.

(d) (1) If at the end of the nine-month trial work period the retirant wishes to continue his or her employment outside the system, then the retirant's disability retirement status shall terminate. For the purpose of determining his or her eligibility for any other benefit, the retirant shall be considered to have terminated active membership as of the time of disability retirement but for a reason other than disability or death. (2) If the former disability retirant again becomes an employee of a public employer, as defined in § 24-4-101 , the retirant shall immediately again become a member of the system, his or her credited service at the time of his or her disability retirement shall be restored to the retirant's credit, and the amount of his or her accumulated contributions at the time of his or her disability retirement shall be restored to his or her credit in the members' deposit account. (3) In no event shall the retirant be given service credit for the period he or she was in receipt of the disability annuity. (4) Should the former disability retirant again become totally and permanently disabled within twenty-four (24) months immediately following his or her return to membership or should the retirant qualify for benefits by reason of age and service, the eighteen (18) months' credited service requirement specified in this section shall be waived.

(1) If at the end of the nine-month trial work period the retirant wishes to continue his or her employment outside the system, then the retirant's disability retirement status shall terminate. For the purpose of determining his or her eligibility for any other benefit, the retirant shall be considered to have terminated active membership as of the time of disability retirement but for a reason other than disability or death.

(2) If the former disability retirant again becomes an employee of a public employer, as defined in § 24-4-101 , the retirant shall immediately again become a member of the system, his or her credited service at the time of his or her disability retirement shall be restored to the retirant's credit, and the amount of his or her accumulated contributions at the time of his or her disability retirement shall be restored to his or her credit in the members' deposit account.

(3) In no event shall the retirant be given service credit for the period he or she was in receipt of the disability annuity.

(4) Should the former disability retirant again become totally and permanently disabled within twenty-four (24) months immediately following his or her return to membership or should the retirant qualify for benefits by reason of age and service, the eighteen (18) months' credited service requirement specified in this section shall be waived.

(e) (1) As used in this section, "suitable job or position" means a job or position, the requirements of which can be physically or mentally performed, as determined by a physician, and for which the remuneration would be substantially gainful. (2) In case of doubt as to what would be substantially gainful, the board shall have the final power to decide the question. (3) Any former member who is or was approved for disability by the Social Security Administration but whose onset date does not meet the provision of subdivision (a)(1)(A) of this section that requires credited service for eighteen (18) of the twenty-four (24) months immediately preceding the disability may be retired by the board upon written application to the board subject to the following: (A) The onset date determined by the Social Security Administration is within twenty-four (24) months of the date of termination from covered employment; (B) The former member furnishes a written statement to the board from a physician approved by the board that the former member was suffering at the time of termination from an illness or injury that subsequently led to the disability determination; and (C) Retirement payments authorized under this section shall be effective on the first day of the next month following approval by the board of the written application and shall not be retroactive.

(1) As used in this section, "suitable job or position" means a job or position, the requirements of which can be physically or mentally performed, as determined by a physician, and for which the remuneration would be substantially gainful.

(2) In case of doubt as to what would be substantially gainful, the board shall have the final power to decide the question.

(3) Any former member who is or was approved for disability by the Social Security Administration but whose onset date does not meet the provision of subdivision (a)(1)(A) of this section that requires credited service for eighteen (18) of the twenty-four (24) months immediately preceding the disability may be retired by the board upon written application to the board subject to the following: (A) The onset date determined by the Social Security Administration is within twenty-four (24) months of the date of termination from covered employment; (B) The former member furnishes a written statement to the board from a physician approved by the board that the former member was suffering at the time of termination from an illness or injury that subsequently led to the disability determination; and (C) Retirement payments authorized under this section shall be effective on the first day of the next month following approval by the board of the written application and shall not be retroactive.

(A) The onset date determined by the Social Security Administration is within twenty-four (24) months of the date of termination from covered employment;

(B) The former member furnishes a written statement to the board from a physician approved by the board that the former member was suffering at the time of termination from an illness or injury that subsequently led to the disability determination; and

(C) Retirement payments authorized under this section shall be effective on the first day of the next month following approval by the board of the written application and shall not be retroactive.

Amended by Act 2019, No. 638,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 332,§ 9, eff. 3/14/2013.

Acts 1957, No. 177, § 10; 1959, No. 42, § 10; 1973, No. 586, § 4; 1975, No. 907, § 8; 1977, No. 663, § 3; 1981, No. 859, § 4; 1985, No. 448, § 1; A.S.A. 1947, § 12-2510; Acts 1999, No. 325, § 8; 1999, No. 868, § 3; 2001, No. 151, § 25.
Ark. Code Ann. § 24-7-1313 — AR Code / Title 24 / Chapter 7 / Subchapter 13 / Section 24-7-1313
Limitation on benefit enhancement - Acts 1997, No. 953
Status: in_force

(a) A benefit enhancement provided for by § 24-7-1306 shall not be implemented if it would cause the Arkansas Teacher Retirement System's unfunded actuarial accrued liabilities to exceed an eighteen-year amortization. (b) A benefit enhancement provided for by § 24-7-1306 shall not be implemented by the system until the unfunded actuarial accrued liability is reduced to a level less than an eighteen-year amortization. Amended by Act 2019, No. 427,§ 21, eff. 7/1/2019. Acts 1997, No. 953.Acts 1997, No. 953, § 2.

(a) A benefit enhancement provided for by § 24-7-1306 shall not be implemented if it would cause the Arkansas Teacher Retirement System's unfunded actuarial accrued liabilities to exceed an eighteen-year amortization.

(b) A benefit enhancement provided for by § 24-7-1306 shall not be implemented by the system until the unfunded actuarial accrued liability is reduced to a level less than an eighteen-year amortization.

Amended by Act 2019, No. 427,§ 21, eff. 7/1/2019.

Acts 1997, No. 953.Acts 1997, No. 953, § 2.
Ark. Code Ann. § 24-7-305 — AR Code / Title 24 / Chapter 7 / Subchapter 3 / Section 24-7-305
Board of trustees - Duties and responsibilities
Status: in_force

(a) (1) Both the contributory plan provided by this act and the noncontributory plan established by §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed] shall be under the administration and control of the Board of Trustees of the Arkansas Teacher Retirement System as provided by § 24-7-301 . (2) It is the intent of the General Assembly that neither the composition, responsibilities, nor the authority of the board be changed as a result of §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed]. (b) (1) The board shall promulgate rules as it deems necessary from time to time in the transaction of its business and in administering the Arkansas Teacher Retirement System. (2) In order to fully comply with federal requirements that may affect the members or the members' benefits under this subchapter, and to limit the impact of changes in federal requirements on members or the members' benefits, the board may promulgate rules to: (A) Establish the regular retirement age for members consistent with the provisions of the Internal Revenue Code, 26 U.S.C. § 411 ; (B) Maintain the system's retirement plan tax qualification status by the United States Government to remain tax-exempt and tax-qualified under the Internal Revenue Code, 26 U.S.C. § 401(a) ; and (C) Modify or eliminate a plan provision that was originally established to comply with Internal Revenue Code requirements but is no longer necessary to maintain the plan's tax-qualified status under the Internal Revenue Code, 26 U.S.C. § 1 et seq., including without limitation provisions concerning: (i) Penalties; (ii) Restrictions; (iii) Time limitations; and (iv) Other requirements that impact a member, members' benefits, or the plan. (3) The board may adopt rules, procedures, plans, programs, and actions necessary to enable the system to pay all benefits earned by the system's members and reduce penalties or restrictions required by the Internal Revenue Service while maintaining compliance with the Internal Revenue Service. (4) The board may adopt or amend by motion or resolution at any board meeting investment policies, investment procedures, and investment asset allocation targets that are consistent with the board's fiduciary obligations under the prudent investor rule and other obligations under this subchapter. (5) The board may set or amend by a motion or resolution at any board meeting a de minimis amount concerning the system's obligation to distribute or collect payments, penalties, interest, funds, or moneys. (6) The rulemaking authority specifically granted under this chapter shall not limit the general rulemaking authority of the board under subdivision (b)(1) of this section. (c) The board shall adopt from time to time such reasonable mortality and other tables of experience and a rate or rates of regular interest as shall be necessary for the actuarial requirements of the Arkansas Teacher Retirement System. (d) The Executive Director of the Arkansas Teacher Retirement System shall keep, or cause to be kept, in convenient form such data as shall be necessary for actuarial investigations of the experiences of the system, and such data as shall be necessary for annual actuarial valuations of the system. (e) (1) The board shall annually render a report to each employer showing the financial condition of the system as of the preceding June 30. (2) The report shall contain, but shall not be limited to: (A) A financial balance sheet; (B) A statement of income and disbursements; (C) A detailed statement of investments acquired and disposed of during the year, together with a detailed statement of the annual rates of investment income from all assets and from each type of investment; (D) An actuarial balance sheet prepared by means of the last valuation of the system; and (E) Such other data as the board shall deem necessary to comply with § 24-2-702 . (3) In addition to the distribution of the report provided by this subsection, it shall also be distributed to the Legislative Council and to the Governor. (f) All records of the system shall be kept and maintained in the office of the system. (g) (1) The board shall arrange for adequate surety bonds covering the executive director and any other custodian of the funds or investments of the board. (2) When approved by the board, the bonds shall be deposited in the office of the Treasurer of State. (h) The records and accounts of the system shall be audited by Arkansas Legislative Audit. (i) The headquarters of the system shall be in Little Rock. Amended by Act 2023, No. 107,§ 23, eff. 7/1/2023. Amended by Act 2015, No. 1165,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 301,§ 5, eff. 3/4/2015. Amended by Act 2015, No. 301,§ 4, eff. 3/4/2015. Amended by Act 2013, No. 109,§ 1, eff. 2/19/2013. Acts 1973, No. 427, § 3; 1983, No. 619, § 2; 1983, No. 665, § 2; 1985, No. 504, § 1; A.S.A. 1947, § 80-1438; Acts 1993, No. 403, § 18; 2005, No. 385, § 1; 2007, No. 97, § 4; 2009, No. 745, § 2.

(a) (1) Both the contributory plan provided by this act and the noncontributory plan established by §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed] shall be under the administration and control of the Board of Trustees of the Arkansas Teacher Retirement System as provided by § 24-7-301 . (2) It is the intent of the General Assembly that neither the composition, responsibilities, nor the authority of the board be changed as a result of §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed].

(1) Both the contributory plan provided by this act and the noncontributory plan established by §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed] shall be under the administration and control of the Board of Trustees of the Arkansas Teacher Retirement System as provided by § 24-7-301 .

(2) It is the intent of the General Assembly that neither the composition, responsibilities, nor the authority of the board be changed as a result of §§ 24-7-401 - 24-7-411 and 24-7-701 , 24-7-702 , 24-7-704 - 24-7-713 , 24-7-715 , and § 24-7-716 [repealed].

(b) (1) The board shall promulgate rules as it deems necessary from time to time in the transaction of its business and in administering the Arkansas Teacher Retirement System. (2) In order to fully comply with federal requirements that may affect the members or the members' benefits under this subchapter, and to limit the impact of changes in federal requirements on members or the members' benefits, the board may promulgate rules to: (A) Establish the regular retirement age for members consistent with the provisions of the Internal Revenue Code, 26 U.S.C. § 411 ; (B) Maintain the system's retirement plan tax qualification status by the United States Government to remain tax-exempt and tax-qualified under the Internal Revenue Code, 26 U.S.C. § 401(a) ; and (C) Modify or eliminate a plan provision that was originally established to comply with Internal Revenue Code requirements but is no longer necessary to maintain the plan's tax-qualified status under the Internal Revenue Code, 26 U.S.C. § 1 et seq., including without limitation provisions concerning: (i) Penalties; (ii) Restrictions; (iii) Time limitations; and (iv) Other requirements that impact a member, members' benefits, or the plan. (3) The board may adopt rules, procedures, plans, programs, and actions necessary to enable the system to pay all benefits earned by the system's members and reduce penalties or restrictions required by the Internal Revenue Service while maintaining compliance with the Internal Revenue Service. (4) The board may adopt or amend by motion or resolution at any board meeting investment policies, investment procedures, and investment asset allocation targets that are consistent with the board's fiduciary obligations under the prudent investor rule and other obligations under this subchapter. (5) The board may set or amend by a motion or resolution at any board meeting a de minimis amount concerning the system's obligation to distribute or collect payments, penalties, interest, funds, or moneys. (6) The rulemaking authority specifically granted under this chapter shall not limit the general rulemaking authority of the board under subdivision (b)(1) of this section.

(1) The board shall promulgate rules as it deems necessary from time to time in the transaction of its business and in administering the Arkansas Teacher Retirement System.

(2) In order to fully comply with federal requirements that may affect the members or the members' benefits under this subchapter, and to limit the impact of changes in federal requirements on members or the members' benefits, the board may promulgate rules to: (A) Establish the regular retirement age for members consistent with the provisions of the Internal Revenue Code, 26 U.S.C. § 411 ; (B) Maintain the system's retirement plan tax qualification status by the United States Government to remain tax-exempt and tax-qualified under the Internal Revenue Code, 26 U.S.C. § 401(a) ; and (C) Modify or eliminate a plan provision that was originally established to comply with Internal Revenue Code requirements but is no longer necessary to maintain the plan's tax-qualified status under the Internal Revenue Code, 26 U.S.C. § 1 et seq., including without limitation provisions concerning: (i) Penalties; (ii) Restrictions; (iii) Time limitations; and (iv) Other requirements that impact a member, members' benefits, or the plan.

(A) Establish the regular retirement age for members consistent with the provisions of the Internal Revenue Code, 26 U.S.C. § 411 ;

(B) Maintain the system's retirement plan tax qualification status by the United States Government to remain tax-exempt and tax-qualified under the Internal Revenue Code, 26 U.S.C. § 401(a) ; and

(C) Modify or eliminate a plan provision that was originally established to comply with Internal Revenue Code requirements but is no longer necessary to maintain the plan's tax-qualified status under the Internal Revenue Code, 26 U.S.C. § 1 et seq., including without limitation provisions concerning: (i) Penalties; (ii) Restrictions; (iii) Time limitations; and (iv) Other requirements that impact a member, members' benefits, or the plan.

(i) Penalties;

(ii) Restrictions;

(iii) Time limitations; and

(iv) Other requirements that impact a member, members' benefits, or the plan.

(3) The board may adopt rules, procedures, plans, programs, and actions necessary to enable the system to pay all benefits earned by the system's members and reduce penalties or restrictions required by the Internal Revenue Service while maintaining compliance with the Internal Revenue Service.

(4) The board may adopt or amend by motion or resolution at any board meeting investment policies, investment procedures, and investment asset allocation targets that are consistent with the board's fiduciary obligations under the prudent investor rule and other obligations under this subchapter.

(5) The board may set or amend by a motion or resolution at any board meeting a de minimis amount concerning the system's obligation to distribute or collect payments, penalties, interest, funds, or moneys.

(6) The rulemaking authority specifically granted under this chapter shall not limit the general rulemaking authority of the board under subdivision (b)(1) of this section.

(c) The board shall adopt from time to time such reasonable mortality and other tables of experience and a rate or rates of regular interest as shall be necessary for the actuarial requirements of the Arkansas Teacher Retirement System.

(d) The Executive Director of the Arkansas Teacher Retirement System shall keep, or cause to be kept, in convenient form such data as shall be necessary for actuarial investigations of the experiences of the system, and such data as shall be necessary for annual actuarial valuations of the system.

(e) (1) The board shall annually render a report to each employer showing the financial condition of the system as of the preceding June 30. (2) The report shall contain, but shall not be limited to: (A) A financial balance sheet; (B) A statement of income and disbursements; (C) A detailed statement of investments acquired and disposed of during the year, together with a detailed statement of the annual rates of investment income from all assets and from each type of investment; (D) An actuarial balance sheet prepared by means of the last valuation of the system; and (E) Such other data as the board shall deem necessary to comply with § 24-2-702 . (3) In addition to the distribution of the report provided by this subsection, it shall also be distributed to the Legislative Council and to the Governor.

(1) The board shall annually render a report to each employer showing the financial condition of the system as of the preceding June 30.

(2) The report shall contain, but shall not be limited to: (A) A financial balance sheet; (B) A statement of income and disbursements; (C) A detailed statement of investments acquired and disposed of during the year, together with a detailed statement of the annual rates of investment income from all assets and from each type of investment; (D) An actuarial balance sheet prepared by means of the last valuation of the system; and (E) Such other data as the board shall deem necessary to comply with § 24-2-702 .

(A) A financial balance sheet;

(B) A statement of income and disbursements;

(C) A detailed statement of investments acquired and disposed of during the year, together with a detailed statement of the annual rates of investment income from all assets and from each type of investment;

(D) An actuarial balance sheet prepared by means of the last valuation of the system; and

(E) Such other data as the board shall deem necessary to comply with § 24-2-702 .

(3) In addition to the distribution of the report provided by this subsection, it shall also be distributed to the Legislative Council and to the Governor.

(f) All records of the system shall be kept and maintained in the office of the system.

(g) (1) The board shall arrange for adequate surety bonds covering the executive director and any other custodian of the funds or investments of the board. (2) When approved by the board, the bonds shall be deposited in the office of the Treasurer of State.

(1) The board shall arrange for adequate surety bonds covering the executive director and any other custodian of the funds or investments of the board.

(2) When approved by the board, the bonds shall be deposited in the office of the Treasurer of State.

(h) The records and accounts of the system shall be audited by Arkansas Legislative Audit.

(i) The headquarters of the system shall be in Little Rock.

Amended by Act 2023, No. 107,§ 23, eff. 7/1/2023.

Amended by Act 2015, No. 1165,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 301,§ 5, eff. 3/4/2015.

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

Amended by Act 2013, No. 109,§ 1, eff. 2/19/2013.

Acts 1973, No. 427, § 3; 1983, No. 619, § 2; 1983, No. 665, § 2; 1985, No. 504, § 1; A.S.A. 1947, § 80-1438; Acts 1993, No. 403, § 18; 2005, No. 385, § 1; 2007, No. 97, § 4; 2009, No. 745, § 2.
Ark. Code Ann. § 24-4-723 — AR Code / Title 24 / Chapter 4 / Subchapter 7 / Section 24-4-723
Members joining at same time as employer - Current service credit
Status: in_force

(a) (1) Any member of the Arkansas Public Employees' Retirement System who became, or becomes, a member on the date his and her employer became, or becomes, a public employer in the system shall receive current service credit for employment with a public employer in the system but only if the employment occurred during the period from July 1, 1957, to the date the public employer entered the system in the case of state, county, or municipal employees or during the period from October 1, 1957, to October 1, 1965, in the case of nonteaching public school employees, and if the member 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 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 the payment is received by the system. (2) The member shall receive credit for employment with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas system and by the laws of the State of Arkansas during that service. (3) The member may pay for all his or her current service credit or a portion thereof consisting of multiples of one (1) year. (b) (1) Any member of the system who became, or becomes, a member on the date his or her employer became, or becomes, a public employer in the system and who did not, or does not, qualify for free prior service credit shall receive current service credit for employment with a public employer in the system or with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas and by the laws of the State of Arkansas. He or she shall receive credit only if he or she has at least five (5) years of current service credit since becoming a member of the system, and he or she 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 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 the payment is received by the system. (2) The payment shall be made in a lump sum. (3) The member may pay for all his or her prior and interim current service or a portion thereof consisting of multiples of one (1) year. Acts 1973, No. 187, §§ 2, 3; 1975, No. 907, §§ 3, 4; 1985, No. 938, §§ 14, 15; A.S.A. 1947, §§ 12-2549.3, 12-2549.4; Acts 1987, No. 327, §§ 1, 2; 1987, No. 461, § 2; 1997, No. 299, § 21.

(a) (1) Any member of the Arkansas Public Employees' Retirement System who became, or becomes, a member on the date his and her employer became, or becomes, a public employer in the system shall receive current service credit for employment with a public employer in the system but only if the employment occurred during the period from July 1, 1957, to the date the public employer entered the system in the case of state, county, or municipal employees or during the period from October 1, 1957, to October 1, 1965, in the case of nonteaching public school employees, and if the member 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 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 the payment is received by the system. (2) The member shall receive credit for employment with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas system and by the laws of the State of Arkansas during that service. (3) The member may pay for all his or her current service credit or a portion thereof consisting of multiples of one (1) year.

(1) Any member of the Arkansas Public Employees' Retirement System who became, or becomes, a member on the date his and her employer became, or becomes, a public employer in the system shall receive current service credit for employment with a public employer in the system but only if the employment occurred during the period from July 1, 1957, to the date the public employer entered the system in the case of state, county, or municipal employees or during the period from October 1, 1957, to October 1, 1965, in the case of nonteaching public school employees, and if the member 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 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 the payment is received by the system.

(2) The member shall receive credit for employment with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas system and by the laws of the State of Arkansas during that service.

(3) The member may pay for all his or her current service credit or a portion thereof consisting of multiples of one (1) year.

(b) (1) Any member of the system who became, or becomes, a member on the date his or her employer became, or becomes, a public employer in the system and who did not, or does not, qualify for free prior service credit shall receive current service credit for employment with a public employer in the system or with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas and by the laws of the State of Arkansas. He or she shall receive credit only if he or she has at least five (5) years of current service credit since becoming a member of the system, and he or she 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 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 the payment is received by the system. (2) The payment shall be made in a lump sum. (3) The member may pay for all his or her prior and interim current service or a portion thereof consisting of multiples of one (1) year.

(1) Any member of the system who became, or becomes, a member on the date his or her employer became, or becomes, a public employer in the system and who did not, or does not, qualify for free prior service credit shall receive current service credit for employment with a public employer in the system or with the University of Arkansas system if the employee was not eligible for coverage or did not participate in a retirement plan authorized by the University of Arkansas and by the laws of the State of Arkansas. He or she shall receive credit only if he or she has at least five (5) years of current service credit since becoming a member of the system, and he or she 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 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 the payment is received by the system.

(2) The payment shall be made in a lump sum.

(3) The member may pay for all his or her prior and interim current service or a portion thereof consisting of multiples of one (1) year.

Acts 1973, No. 187, §§ 2, 3; 1975, No. 907, §§ 3, 4; 1985, No. 938, §§ 14, 15; A.S.A. 1947, §§ 12-2549.3, 12-2549.4; Acts 1987, No. 327, §§ 1, 2; 1987, No. 461, § 2; 1997, No. 299, § 21.
Ark. Code Ann. § 24-7-1005 — AR Code / Title 24 / Chapter 7 / Subchapter 10 / Section 24-7-1005
[Repealed]
Status: repealed

Repealed by Act 2013, No. 337,§ 3, eff. 7/1/2013. Acts 1975 (Extended Sess., 1976), No. 1075, § 3; 1981, No. 288, § 1; 1981, No. 925, § 1; A.S.A. 1947, §§ 80-2889.2, 80-3222; Acts 1997, No. 1053, § 11.

Repealed by Act 2013, No. 337,§ 3, eff. 7/1/2013.

Acts 1975 (Extended Sess., 1976), No. 1075, § 3; 1981, No. 288, § 1; 1981, No. 925, § 1; A.S.A. 1947, §§ 80-2889.2, 80-3222; Acts 1997, No. 1053, § 11.
Ark. Code Ann. § 24-7-1303 — AR Code / Title 24 / Chapter 7 / Subchapter 13 / Section 24-7-1303
Contributions to Arkansas Teacher Retirement System
Status: in_force

(a) (1) When a member begins participation in the Teacher Deferred Retirement Option Plan, member contributions to the Arkansas Teacher Retirement System shall cease. (2) Until and on August 31, 2003, employer contributions on behalf of the members participating in the Teacher Deferred Retirement Option Plan that are due the system may be retained by the school districts for the purposes under subdivision (b)(1) of this section. (3) (A) (i) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is before September 1, 2003, the employer contribution rate to the system on behalf of all members in the Teacher Deferred Retirement Option Plan shall recommence at the rate of: (a) One percent (1%) for the period from July 1, 2003, through June 30, 2005; (b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and (c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009. (ii) After July 1, 2009, the covered employer shall remit the contributions on all salary paid to the Teacher Deferred Retirement Option Plan participants in amount equal to the employer contribution rate applicable to active members. (B) The portion of the employer contribution not required to be paid to the system for members in the Teacher Deferred Retirement Option Plan under this subdivision (a)(3), if any, may be retained by the school districts for the purposes under subdivision (b)(1) of this section. (4) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is on or after September 1, 2003, the employer contribution rate on behalf of members in the Teacher Deferred Retirement Option Plan shall continue at the rate established by the entity having the authority to set the employer contribution rates for the system. (b) (1) It is the intent of the General Assembly that the portion of the employer contribution to the system that has ceased for a participant in the Teacher Deferred Retirement Option Plan, if any, will become a part of the general operating fund of the school district to be used for any purpose, including employee salaries. (2) Except for employer contributions to the system, the school district shall not make contributions to any tax-qualified retirement plan on behalf of any employee participating in the Teacher Deferred Retirement Option Plan. However, this prohibition shall not be applicable to the extent necessary to comply with contractual obligations incurred by a school district prior to February 1, 1999. Acts 1995, No. 1096, § 1; 1999, No. 773, § 1; 2003, No. 992, § 1; 2007, No. 298, § 2; 2009, No. 743, § 7.

(a) (1) When a member begins participation in the Teacher Deferred Retirement Option Plan, member contributions to the Arkansas Teacher Retirement System shall cease. (2) Until and on August 31, 2003, employer contributions on behalf of the members participating in the Teacher Deferred Retirement Option Plan that are due the system may be retained by the school districts for the purposes under subdivision (b)(1) of this section. (3) (A) (i) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is before September 1, 2003, the employer contribution rate to the system on behalf of all members in the Teacher Deferred Retirement Option Plan shall recommence at the rate of: (a) One percent (1%) for the period from July 1, 2003, through June 30, 2005; (b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and (c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009. (ii) After July 1, 2009, the covered employer shall remit the contributions on all salary paid to the Teacher Deferred Retirement Option Plan participants in amount equal to the employer contribution rate applicable to active members. (B) The portion of the employer contribution not required to be paid to the system for members in the Teacher Deferred Retirement Option Plan under this subdivision (a)(3), if any, may be retained by the school districts for the purposes under subdivision (b)(1) of this section. (4) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is on or after September 1, 2003, the employer contribution rate on behalf of members in the Teacher Deferred Retirement Option Plan shall continue at the rate established by the entity having the authority to set the employer contribution rates for the system.

(1) When a member begins participation in the Teacher Deferred Retirement Option Plan, member contributions to the Arkansas Teacher Retirement System shall cease.

(2) Until and on August 31, 2003, employer contributions on behalf of the members participating in the Teacher Deferred Retirement Option Plan that are due the system may be retained by the school districts for the purposes under subdivision (b)(1) of this section.

(3) (A) (i) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is before September 1, 2003, the employer contribution rate to the system on behalf of all members in the Teacher Deferred Retirement Option Plan shall recommence at the rate of: (a) One percent (1%) for the period from July 1, 2003, through June 30, 2005; (b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and (c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009. (ii) After July 1, 2009, the covered employer shall remit the contributions on all salary paid to the Teacher Deferred Retirement Option Plan participants in amount equal to the employer contribution rate applicable to active members. (B) The portion of the employer contribution not required to be paid to the system for members in the Teacher Deferred Retirement Option Plan under this subdivision (a)(3), if any, may be retained by the school districts for the purposes under subdivision (b)(1) of this section.

(A) (i) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is before September 1, 2003, the employer contribution rate to the system on behalf of all members in the Teacher Deferred Retirement Option Plan shall recommence at the rate of: (a) One percent (1%) for the period from July 1, 2003, through June 30, 2005; (b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and (c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009. (ii) After July 1, 2009, the covered employer shall remit the contributions on all salary paid to the Teacher Deferred Retirement Option Plan participants in amount equal to the employer contribution rate applicable to active members.

(i) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is before September 1, 2003, the employer contribution rate to the system on behalf of all members in the Teacher Deferred Retirement Option Plan shall recommence at the rate of: (a) One percent (1%) for the period from July 1, 2003, through June 30, 2005; (b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and (c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009.

(a) One percent (1%) for the period from July 1, 2003, through June 30, 2005;

(b) Three percent (3%) for the period from July 1, 2005, through June 30, 2007; and

(c) Six percent (6%) for the period from July 1, 2007, through June 30, 2009.

(ii) After July 1, 2009, the covered employer shall remit the contributions on all salary paid to the Teacher Deferred Retirement Option Plan participants in amount equal to the employer contribution rate applicable to active members.

(B) The portion of the employer contribution not required to be paid to the system for members in the Teacher Deferred Retirement Option Plan under this subdivision (a)(3), if any, may be retained by the school districts for the purposes under subdivision (b)(1) of this section.

(4) Beginning September 1, 2003, for members whose effective date in the Teacher Deferred Retirement Option Plan is on or after September 1, 2003, the employer contribution rate on behalf of members in the Teacher Deferred Retirement Option Plan shall continue at the rate established by the entity having the authority to set the employer contribution rates for the system.

(b) (1) It is the intent of the General Assembly that the portion of the employer contribution to the system that has ceased for a participant in the Teacher Deferred Retirement Option Plan, if any, will become a part of the general operating fund of the school district to be used for any purpose, including employee salaries. (2) Except for employer contributions to the system, the school district shall not make contributions to any tax-qualified retirement plan on behalf of any employee participating in the Teacher Deferred Retirement Option Plan. However, this prohibition shall not be applicable to the extent necessary to comply with contractual obligations incurred by a school district prior to February 1, 1999.

(1) It is the intent of the General Assembly that the portion of the employer contribution to the system that has ceased for a participant in the Teacher Deferred Retirement Option Plan, if any, will become a part of the general operating fund of the school district to be used for any purpose, including employee salaries.

(2) Except for employer contributions to the system, the school district shall not make contributions to any tax-qualified retirement plan on behalf of any employee participating in the Teacher Deferred Retirement Option Plan. However, this prohibition shall not be applicable to the extent necessary to comply with contractual obligations incurred by a school district prior to February 1, 1999.

Acts 1995, No. 1096, § 1; 1999, No. 773, § 1; 2003, No. 992, § 1; 2007, No. 298, § 2; 2009, No. 743, § 7.
Ark. Code Ann. § 24-7-730 — AR Code / Title 24 / Chapter 7 / Subchapter 7 / Section 24-7-730
Required distributions
Status: in_force

(a) (1) (A) Notwithstanding the provisions of this subchapter regarding the required dates of distribution of benefits under the Arkansas Teacher Retirement System to former members, the distribution of a former member's benefits under the system shall in any event be made or begun by April 1 of the calendar year following the latter of the calendar year in which the member retires or the calendar year in which the member attains the applicable age. (B) The applicable age for a member is as follows: (i) In the case of a member who attains seventy-two (72) years of age after December 31, 2022, and seventy-three (73) years of age before January 1, 2030, the applicable age is seventy-three (73) years of age; (ii) In the case of a member who attains seventy-three (73) years of age after December 31, 2029, and seventy-four (74) years of age before January 1, 2033, the applicable age is seventy-four (74) years of age; and (iii) In the case of a member who attains seventy-four (74) years of age after December 31, 2032, the applicable age is seventy-five (75) years of age. (2) Distributions shall be made over the life of the member or over the lives of the member and the member's designated beneficiary or over a period not extending beyond the life expectancy of the member or the life expectancy of the member and the member's designated beneficiary. (b) (1) If the member dies after the distribution of benefits under the system commences, the distribution of the benefits shall be continued in accordance with the form of benefit in effect prior to the member's death. (2) (A) If the member dies before the distribution of benefits under the system commences, the entire death benefit, if any, due as a result of the member's death shall be distributed no later than five (5) years after the member's death except to the extent that a written election is made to receive distributions in accordance with subdivision (b)(2)(B) or (b)(2)(C) of this section. (B) If any portion of the member's benefit is payable to a designated beneficiary, distributions shall be made in substantially equal installments over the life or life expectancy of the designated beneficiary commencing no later than one (1) year after the member's death. (C) (i) If the designated beneficiary is the member's surviving spouse, the date distributions required to begin in accordance with subdivision (b)(2)(A) of this section shall not be earlier than the date on which the member would have attained seventy-two (72) years of age. (ii) If the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the member. (D) Notwithstanding the provisions of this subchapter, all distributions of benefits under the system shall comply with the requirements of the Internal Revenue Code, 26 U.S.C. § 401(a)(9) , and the regulations under the Internal Revenue Code, including United States Treasury Regulation, 26 C.F.R. § 1.401(a)(9)-2 , and those provisions shall override any distribution options in this chapter that are inconsistent with the Internal Revenue Code, 26 U.S.C. § 401(a)(9) . Amended by Act 2023, No. 107,§ 55, eff. 7/1/2023. Amended by Act 2021, No. 279,§ 29, eff. 7/1/2021. Amended by Act 2021, No. 279,§ 28, eff. 7/1/2021. Acts 2001, No. 155, § 4; 2005, No. 71, § 3.

(a) (1) (A) Notwithstanding the provisions of this subchapter regarding the required dates of distribution of benefits under the Arkansas Teacher Retirement System to former members, the distribution of a former member's benefits under the system shall in any event be made or begun by April 1 of the calendar year following the latter of the calendar year in which the member retires or the calendar year in which the member attains the applicable age. (B) The applicable age for a member is as follows: (i) In the case of a member who attains seventy-two (72) years of age after December 31, 2022, and seventy-three (73) years of age before January 1, 2030, the applicable age is seventy-three (73) years of age; (ii) In the case of a member who attains seventy-three (73) years of age after December 31, 2029, and seventy-four (74) years of age before January 1, 2033, the applicable age is seventy-four (74) years of age; and (iii) In the case of a member who attains seventy-four (74) years of age after December 31, 2032, the applicable age is seventy-five (75) years of age. (2) Distributions shall be made over the life of the member or over the lives of the member and the member's designated beneficiary or over a period not extending beyond the life expectancy of the member or the life expectancy of the member and the member's designated beneficiary.

(1) (A) Notwithstanding the provisions of this subchapter regarding the required dates of distribution of benefits under the Arkansas Teacher Retirement System to former members, the distribution of a former member's benefits under the system shall in any event be made or begun by April 1 of the calendar year following the latter of the calendar year in which the member retires or the calendar year in which the member attains the applicable age. (B) The applicable age for a member is as follows: (i) In the case of a member who attains seventy-two (72) years of age after December 31, 2022, and seventy-three (73) years of age before January 1, 2030, the applicable age is seventy-three (73) years of age; (ii) In the case of a member who attains seventy-three (73) years of age after December 31, 2029, and seventy-four (74) years of age before January 1, 2033, the applicable age is seventy-four (74) years of age; and (iii) In the case of a member who attains seventy-four (74) years of age after December 31, 2032, the applicable age is seventy-five (75) years of age.

(A) Notwithstanding the provisions of this subchapter regarding the required dates of distribution of benefits under the Arkansas Teacher Retirement System to former members, the distribution of a former member's benefits under the system shall in any event be made or begun by April 1 of the calendar year following the latter of the calendar year in which the member retires or the calendar year in which the member attains the applicable age.

(B) The applicable age for a member is as follows: (i) In the case of a member who attains seventy-two (72) years of age after December 31, 2022, and seventy-three (73) years of age before January 1, 2030, the applicable age is seventy-three (73) years of age; (ii) In the case of a member who attains seventy-three (73) years of age after December 31, 2029, and seventy-four (74) years of age before January 1, 2033, the applicable age is seventy-four (74) years of age; and (iii) In the case of a member who attains seventy-four (74) years of age after December 31, 2032, the applicable age is seventy-five (75) years of age.

(i) In the case of a member who attains seventy-two (72) years of age after December 31, 2022, and seventy-three (73) years of age before January 1, 2030, the applicable age is seventy-three (73) years of age;

(ii) In the case of a member who attains seventy-three (73) years of age after December 31, 2029, and seventy-four (74) years of age before January 1, 2033, the applicable age is seventy-four (74) years of age; and

(iii) In the case of a member who attains seventy-four (74) years of age after December 31, 2032, the applicable age is seventy-five (75) years of age.

(2) Distributions shall be made over the life of the member or over the lives of the member and the member's designated beneficiary or over a period not extending beyond the life expectancy of the member or the life expectancy of the member and the member's designated beneficiary.

(b) (1) If the member dies after the distribution of benefits under the system commences, the distribution of the benefits shall be continued in accordance with the form of benefit in effect prior to the member's death. (2) (A) If the member dies before the distribution of benefits under the system commences, the entire death benefit, if any, due as a result of the member's death shall be distributed no later than five (5) years after the member's death except to the extent that a written election is made to receive distributions in accordance with subdivision (b)(2)(B) or (b)(2)(C) of this section. (B) If any portion of the member's benefit is payable to a designated beneficiary, distributions shall be made in substantially equal installments over the life or life expectancy of the designated beneficiary commencing no later than one (1) year after the member's death. (C) (i) If the designated beneficiary is the member's surviving spouse, the date distributions required to begin in accordance with subdivision (b)(2)(A) of this section shall not be earlier than the date on which the member would have attained seventy-two (72) years of age. (ii) If the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the member. (D) Notwithstanding the provisions of this subchapter, all distributions of benefits under the system shall comply with the requirements of the Internal Revenue Code, 26 U.S.C. § 401(a)(9) , and the regulations under the Internal Revenue Code, including United States Treasury Regulation, 26 C.F.R. § 1.401(a)(9)-2 , and those provisions shall override any distribution options in this chapter that are inconsistent with the Internal Revenue Code, 26 U.S.C. § 401(a)(9) .

(1) If the member dies after the distribution of benefits under the system commences, the distribution of the benefits shall be continued in accordance with the form of benefit in effect prior to the member's death.

(2) (A) If the member dies before the distribution of benefits under the system commences, the entire death benefit, if any, due as a result of the member's death shall be distributed no later than five (5) years after the member's death except to the extent that a written election is made to receive distributions in accordance with subdivision (b)(2)(B) or (b)(2)(C) of this section. (B) If any portion of the member's benefit is payable to a designated beneficiary, distributions shall be made in substantially equal installments over the life or life expectancy of the designated beneficiary commencing no later than one (1) year after the member's death. (C) (i) If the designated beneficiary is the member's surviving spouse, the date distributions required to begin in accordance with subdivision (b)(2)(A) of this section shall not be earlier than the date on which the member would have attained seventy-two (72) years of age. (ii) If the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the member. (D) Notwithstanding the provisions of this subchapter, all distributions of benefits under the system shall comply with the requirements of the Internal Revenue Code, 26 U.S.C. § 401(a)(9) , and the regulations under the Internal Revenue Code, including United States Treasury Regulation, 26 C.F.R. § 1.401(a)(9)-2 , and those provisions shall override any distribution options in this chapter that are inconsistent with the Internal Revenue Code, 26 U.S.C. § 401(a)(9) .

(A) If the member dies before the distribution of benefits under the system commences, the entire death benefit, if any, due as a result of the member's death shall be distributed no later than five (5) years after the member's death except to the extent that a written election is made to receive distributions in accordance with subdivision (b)(2)(B) or (b)(2)(C) of this section.

(B) If any portion of the member's benefit is payable to a designated beneficiary, distributions shall be made in substantially equal installments over the life or life expectancy of the designated beneficiary commencing no later than one (1) year after the member's death.

(C) (i) If the designated beneficiary is the member's surviving spouse, the date distributions required to begin in accordance with subdivision (b)(2)(A) of this section shall not be earlier than the date on which the member would have attained seventy-two (72) years of age. (ii) If the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the member.

(i) If the designated beneficiary is the member's surviving spouse, the date distributions required to begin in accordance with subdivision (b)(2)(A) of this section shall not be earlier than the date on which the member would have attained seventy-two (72) years of age.

(ii) If the spouse dies before payments begin, subsequent distributions shall be made as if the spouse had been the member.

(D) Notwithstanding the provisions of this subchapter, all distributions of benefits under the system shall comply with the requirements of the Internal Revenue Code, 26 U.S.C. § 401(a)(9) , and the regulations under the Internal Revenue Code, including United States Treasury Regulation, 26 C.F.R. § 1.401(a)(9)-2 , and those provisions shall override any distribution options in this chapter that are inconsistent with the Internal Revenue Code, 26 U.S.C. § 401(a)(9) .

Amended by Act 2023, No. 107,§ 55, eff. 7/1/2023.

Amended by Act 2021, No. 279,§ 29, eff. 7/1/2021.

Amended by Act 2021, No. 279,§ 28, eff. 7/1/2021.

Acts 2001, No. 155, § 4; 2005, No. 71, § 3.
Ark. Code Ann. § 24-6-208 — AR Code / Title 24 / Chapter 6 / Subchapter 2 / Section 24-6-208
Members' contributions
Status: in_force

(a) (1) (A) The contributions of a contributory member to the State Police Retirement System covered by the contributory provisions shall be nine and one-fourth percent (9.25%) of the member's salary. (B) However, no member may be required to pay more than nine and one-fourth percent (9.25%) of the salary of the highest permanent rank in the Division of Arkansas State Police. (2) The officers responsible for making up the payroll shall cause the contributions provided for in this section to be deducted from the salaries of each member on each and every payroll, for each and every payroll period, from the date of his or her entrance into the system to the date his or her membership terminates. (3) When deducted, each of the amounts shall be paid into the State Police Retirement Fund and shall be credited to each member's individual account in the members' deposit account. (4) The contributions provided for in this section shall be made notwithstanding that the minimum salary provided by law for any member shall be thereby changed. (5) Each member shall be deemed to consent and agree to the deductions made and provided for in this section. (6) Payment of his or her salary less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered to the division by the member, except as to benefits provided by this subchapter. (b) It is expressly guaranteed that all members' contributions shall be held in trust for the exclusive benefit of the individual members and that no part of the funds shall be used for any other purpose. Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, §§ 2, 3; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 2001, No. 151, § 55.

(a) (1) (A) The contributions of a contributory member to the State Police Retirement System covered by the contributory provisions shall be nine and one-fourth percent (9.25%) of the member's salary. (B) However, no member may be required to pay more than nine and one-fourth percent (9.25%) of the salary of the highest permanent rank in the Division of Arkansas State Police. (2) The officers responsible for making up the payroll shall cause the contributions provided for in this section to be deducted from the salaries of each member on each and every payroll, for each and every payroll period, from the date of his or her entrance into the system to the date his or her membership terminates. (3) When deducted, each of the amounts shall be paid into the State Police Retirement Fund and shall be credited to each member's individual account in the members' deposit account. (4) The contributions provided for in this section shall be made notwithstanding that the minimum salary provided by law for any member shall be thereby changed. (5) Each member shall be deemed to consent and agree to the deductions made and provided for in this section. (6) Payment of his or her salary less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered to the division by the member, except as to benefits provided by this subchapter.

(1) (A) The contributions of a contributory member to the State Police Retirement System covered by the contributory provisions shall be nine and one-fourth percent (9.25%) of the member's salary. (B) However, no member may be required to pay more than nine and one-fourth percent (9.25%) of the salary of the highest permanent rank in the Division of Arkansas State Police.

(A) The contributions of a contributory member to the State Police Retirement System covered by the contributory provisions shall be nine and one-fourth percent (9.25%) of the member's salary.

(B) However, no member may be required to pay more than nine and one-fourth percent (9.25%) of the salary of the highest permanent rank in the Division of Arkansas State Police.

(2) The officers responsible for making up the payroll shall cause the contributions provided for in this section to be deducted from the salaries of each member on each and every payroll, for each and every payroll period, from the date of his or her entrance into the system to the date his or her membership terminates.

(3) When deducted, each of the amounts shall be paid into the State Police Retirement Fund and shall be credited to each member's individual account in the members' deposit account.

(4) The contributions provided for in this section shall be made notwithstanding that the minimum salary provided by law for any member shall be thereby changed.

(5) Each member shall be deemed to consent and agree to the deductions made and provided for in this section.

(6) Payment of his or her salary less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered to the division by the member, except as to benefits provided by this subchapter.

(b) It is expressly guaranteed that all members' contributions shall be held in trust for the exclusive benefit of the individual members and that no part of the funds shall be used for any other purpose.

Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, §§ 2, 3; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 2001, No. 151, § 55.
Ark. Code Ann. § 24-7-105 — AR Code / Title 24 / Chapter 7 / Subchapter 1 / Section 24-7-105
Socially responsible investments
Status: in_force

A decision on whether to invest, not invest, or withdraw from investment the funds of the Arkansas Teacher Retirement System or an alternate retirement plan of the system shall not be based on a consideration that the location of the investment, fund, company, or any other type of investment vehicle is in the State of Israel. Added by Act 2017, No. 767,§ 1, eff. 8/1/2017.

A decision on whether to invest, not invest, or withdraw from investment the funds of the Arkansas Teacher Retirement System or an alternate retirement plan of the system shall not be based on a consideration that the location of the investment, fund, company, or any other type of investment vehicle is in the State of Israel.

Added by Act 2017, No. 767,§ 1, eff. 8/1/2017.