Ark. Code Ann. § 21-5-203 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-203
Definitions
Status: in_force

As used in this subchapter: (1) "Agency director" means the executive head of all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state; (2) "Class" or "classification" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training and experience or skill, and other characteristics that the same title, the same test of fitness, and the same scale of compensation have been or may be applied to each position in the group; (3) "Class specification" means a written document which identifies a group of positions that have the same type of work and responsibility and states the general components by providing a class title, class code, distinguishing features and examples of work, knowledge, skills, and abilities, and the necessary minimum education and experience requirements to perform the assigned duties; (4) (A) "Crossgrade" means a temporary reclassification of a position during the fiscal year. (B) (i) The Office of Personnel Management may authorize a temporary change in the classification of a position from the classification authorized in a state agency appropriation act between legislative sessions to assure correct classification and for other purposes. (ii) The Office of Personnel Management shall establish the procedures for crossgrades with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; (5) "Demotion" means the change in duty assignment of an employee from a position in one classification to a position in another classification of a lower salary grade within the same pay table; (6) "Employee" means a person regularly appointed or employed in a position of state service by a state agency for which: (A) He or she is compensated on a full-time basis or on a pro rata basis; and (B) A class title and pay grade is established in the appropriation act for the state agency in accordance with the classification and compensation plan enacted in this subchapter; (7) "Entry pay level" means the minimum entrance salary rate for a grade established on a pay table; (8) "Grade" means an authorized pay range; (9) "Job sharing" means a form of employment, approved by the Office of Personnel Management, in which the hours of work of two (2) or more persons are arranged in such a way as to cover a single, regular full-time position; (10) "Maximum pay level" means the highest authorized level of pay for a pay grade for normal compensation administration purposes; (11) "Midpoint" means the rate of pay midway between the entry pay level and the maximum pay level established for each grade; (12) "Office of Personnel Management" means the Office of Personnel Management within the Department of Transformation and Shared Services acting under the authority granted in this subchapter and subject to the direction of the Secretary of the Department of Transformation and Shared Services; (13) "Pay table" means the grades and pay ranges assigned to one (1) of the General Salaries, Information Technology, Medical Professional, and Senior Executive tables; (14) "Position" means employment that is legislatively authorized in a state agency, occupied or vacant, requiring the services of one (1) full-time equivalent employee; (15) "Promotion" means the change in duty assignment of an employee from a position in one classification to a position in another classification of a higher salary grade within the same pay table; (16) (A) "Reclassification" means a change in the assignment of a position from one classification title to another classification title of either a higher or lower salary grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred or when it is necessary to establish a new classification title to meet federal standards as a prerequisite for federal programs. (B) The Office of Personnel Management shall establish procedures for reclassifying positions with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; (17) "State agencies" means all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state supported by appropriation of state or federal funds, except those agencies excluded in § 21-5-204 ; (18) "State Personnel Administrator" means the State Personnel Administrator of the Office of Personnel Management; and (19) "Transfer" means a change in duty assignment of an employee from one position to another position in the same classification or between pay tables. Amended by Act 2019, No. 981,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 365,§ 8, eff. 7/1/2017. Acts 1969, No. 199, § 3; 1971, No. 750, § 1; 1973, No. 873, § 2; 1979, No. 828, § 1; 1981, No. 198, § 1; 1981, No. 650, § 1; 1985, No. 981, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 2; 1991, No. 994, §§ 1-3; 1991, No. 1148, § 1; 1997, No. 179, § 33; 1999, No. 1019, § 1; 2001, No. 1461, §§ 1, 2; 2009, No. 688, § 4; 2011, No. 1017, § 1.

As used in this subchapter:

(1) "Agency director" means the executive head of all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state;

(2) "Class" or "classification" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training and experience or skill, and other characteristics that the same title, the same test of fitness, and the same scale of compensation have been or may be applied to each position in the group;

(3) "Class specification" means a written document which identifies a group of positions that have the same type of work and responsibility and states the general components by providing a class title, class code, distinguishing features and examples of work, knowledge, skills, and abilities, and the necessary minimum education and experience requirements to perform the assigned duties;

(4) (A) "Crossgrade" means a temporary reclassification of a position during the fiscal year. (B) (i) The Office of Personnel Management may authorize a temporary change in the classification of a position from the classification authorized in a state agency appropriation act between legislative sessions to assure correct classification and for other purposes. (ii) The Office of Personnel Management shall establish the procedures for crossgrades with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(A) "Crossgrade" means a temporary reclassification of a position during the fiscal year.

(B) (i) The Office of Personnel Management may authorize a temporary change in the classification of a position from the classification authorized in a state agency appropriation act between legislative sessions to assure correct classification and for other purposes. (ii) The Office of Personnel Management shall establish the procedures for crossgrades with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(i) The Office of Personnel Management may authorize a temporary change in the classification of a position from the classification authorized in a state agency appropriation act between legislative sessions to assure correct classification and for other purposes.

(ii) The Office of Personnel Management shall establish the procedures for crossgrades with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(5) "Demotion" means the change in duty assignment of an employee from a position in one classification to a position in another classification of a lower salary grade within the same pay table;

(6) "Employee" means a person regularly appointed or employed in a position of state service by a state agency for which: (A) He or she is compensated on a full-time basis or on a pro rata basis; and (B) A class title and pay grade is established in the appropriation act for the state agency in accordance with the classification and compensation plan enacted in this subchapter;

(A) He or she is compensated on a full-time basis or on a pro rata basis; and

(B) A class title and pay grade is established in the appropriation act for the state agency in accordance with the classification and compensation plan enacted in this subchapter;

(7) "Entry pay level" means the minimum entrance salary rate for a grade established on a pay table;

(8) "Grade" means an authorized pay range;

(9) "Job sharing" means a form of employment, approved by the Office of Personnel Management, in which the hours of work of two (2) or more persons are arranged in such a way as to cover a single, regular full-time position;

(10) "Maximum pay level" means the highest authorized level of pay for a pay grade for normal compensation administration purposes;

(11) "Midpoint" means the rate of pay midway between the entry pay level and the maximum pay level established for each grade;

(12) "Office of Personnel Management" means the Office of Personnel Management within the Department of Transformation and Shared Services acting under the authority granted in this subchapter and subject to the direction of the Secretary of the Department of Transformation and Shared Services;

(13) "Pay table" means the grades and pay ranges assigned to one (1) of the General Salaries, Information Technology, Medical Professional, and Senior Executive tables;

(14) "Position" means employment that is legislatively authorized in a state agency, occupied or vacant, requiring the services of one (1) full-time equivalent employee;

(15) "Promotion" means the change in duty assignment of an employee from a position in one classification to a position in another classification of a higher salary grade within the same pay table;

(16) (A) "Reclassification" means a change in the assignment of a position from one classification title to another classification title of either a higher or lower salary grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred or when it is necessary to establish a new classification title to meet federal standards as a prerequisite for federal programs. (B) The Office of Personnel Management shall establish procedures for reclassifying positions with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(A) "Reclassification" means a change in the assignment of a position from one classification title to another classification title of either a higher or lower salary grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred or when it is necessary to establish a new classification title to meet federal standards as a prerequisite for federal programs.

(B) The Office of Personnel Management shall establish procedures for reclassifying positions with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(17) "State agencies" means all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state supported by appropriation of state or federal funds, except those agencies excluded in § 21-5-204 ;

(18) "State Personnel Administrator" means the State Personnel Administrator of the Office of Personnel Management; and

(19) "Transfer" means a change in duty assignment of an employee from one position to another position in the same classification or between pay tables.

Amended by Act 2019, No. 981,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 365,§ 8, eff. 7/1/2017.

Acts 1969, No. 199, § 3; 1971, No. 750, § 1; 1973, No. 873, § 2; 1979, No. 828, § 1; 1981, No. 198, § 1; 1981, No. 650, § 1; 1985, No. 981, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 2; 1991, No. 994, §§ 1-3; 1991, No. 1148, § 1; 1997, No. 179, § 33; 1999, No. 1019, § 1; 2001, No. 1461, §§ 1, 2; 2009, No. 688, § 4; 2011, No. 1017, § 1.
Ark. Code Ann. § 21-5-107 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-107
Compensation of person holding more than one elective office - Definitions
Status: in_force

(a) (1) A person holding more than one (1) elective office shall be entitled to receive compensation from only one (1) of the offices held. (2) The person shall select the office from which he or she may receive compensation by filing a statement with the Secretary of State and the disbursing officer of each governmental entity in which he or she holds an elective office. (b) For the purpose of this section: (1) "Compensation" means all salaries, retirement allowances, group insurance, medical benefits, and anything else of value that a governmental entity provides in return for the services of its officers; and (2) "Elective office" means any office created by or under authority of the laws of the State of Arkansas, or of a subdivision thereof, that is filled by the voters, except a federal office. Acts 1997, No. 767, § 1.

(a) (1) A person holding more than one (1) elective office shall be entitled to receive compensation from only one (1) of the offices held. (2) The person shall select the office from which he or she may receive compensation by filing a statement with the Secretary of State and the disbursing officer of each governmental entity in which he or she holds an elective office.

(1) A person holding more than one (1) elective office shall be entitled to receive compensation from only one (1) of the offices held.

(2) The person shall select the office from which he or she may receive compensation by filing a statement with the Secretary of State and the disbursing officer of each governmental entity in which he or she holds an elective office.

(b) For the purpose of this section: (1) "Compensation" means all salaries, retirement allowances, group insurance, medical benefits, and anything else of value that a governmental entity provides in return for the services of its officers; and (2) "Elective office" means any office created by or under authority of the laws of the State of Arkansas, or of a subdivision thereof, that is filled by the voters, except a federal office.

(1) "Compensation" means all salaries, retirement allowances, group insurance, medical benefits, and anything else of value that a governmental entity provides in return for the services of its officers; and

(2) "Elective office" means any office created by or under authority of the laws of the State of Arkansas, or of a subdivision thereof, that is filled by the voters, except a federal office.

Acts 1997, No. 767, § 1.
Ark. Code Ann. § 21-5-703 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-703
Procedures for filing claims
Status: in_force

(a) All claimants shall be subject to the same rules as are provided by the law governing procedure before the Arkansas State Claims Commission. (b) All claims asserted under this subchapter shall be filed within five (5) years of the following: (1) The date of the covered public employee's death; (2) The date of the incident causing the covered public employee's total and permanent disability; or (3) The date the covered public employee permanently leaves the employment position covered by this subchapter. (c) Unless § 6-82-504(e) is applicable, the commission shall award any scholarship benefit provided by the provisions of § 6-82-501 et seq. at the same time any death benefit or total and permanent disability benefit is awarded under this subchapter. Amended by Act 2019, No. 315,§ 2326, eff. 7/24/2019. Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 3; 1999, No. 630, § 1; 2005, No. 1962, § 100.

(a) All claimants shall be subject to the same rules as are provided by the law governing procedure before the Arkansas State Claims Commission.

(b) All claims asserted under this subchapter shall be filed within five (5) years of the following: (1) The date of the covered public employee's death; (2) The date of the incident causing the covered public employee's total and permanent disability; or (3) The date the covered public employee permanently leaves the employment position covered by this subchapter.

(1) The date of the covered public employee's death;

(2) The date of the incident causing the covered public employee's total and permanent disability; or

(3) The date the covered public employee permanently leaves the employment position covered by this subchapter.

(c) Unless § 6-82-504(e) is applicable, the commission shall award any scholarship benefit provided by the provisions of § 6-82-501 et seq. at the same time any death benefit or total and permanent disability benefit is awarded under this subchapter.

Amended by Act 2019, No. 315,§ 2326, eff. 7/24/2019.

Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 3; 1999, No. 630, § 1; 2005, No. 1962, § 100.
Ark. Code Ann. § 21-11-103 — AR Code / Title 21 / Chapter 11 / Section 21-11-103
Employee Suggestion System established
Status: in_force

There is established a program to be known as the "Employee Suggestion System" to encourage the development of ideas for improving the economy and efficiency of state government, to grant awards for ideas of proper merit, and to implement them in the governmental process. Acts 1981, No. 856, § 3; A.S.A. 1947, § 12-4002.

There is established a program to be known as the "Employee Suggestion System" to encourage the development of ideas for improving the economy and efficiency of state government, to grant awards for ideas of proper merit, and to implement them in the governmental process.

Acts 1981, No. 856, § 3; A.S.A. 1947, § 12-4002.
Ark. Code Ann. § 21-2-711 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-711
Self-Insured Fidelity Bond Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a separate fund to be known as the "Self-Insured Fidelity Bond Trust Fund". (b) (1) No money shall be appropriated from the fund for any purpose except for the use and benefit of participating governmental entities for bond claims and for Governmental Bonding Board expenses, including without limitation travel, actuarial, consultant, and service contract fees. (2) The fund shall be administered by and disbursed at the direction of the Governmental Bonding Board. (c) (1) (A) The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance. (B) All incomes derived through investment of the fund shall be credited as investment income to the fund. (C) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under § 19-3-518 . (2) Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment. (d) All moneys received by the Governmental Bonding Board for the Self-Insured Fidelity Bond Program, including premiums collected by the Governmental Bonding Board under this subchapter, restitution, interest payments, grants, gifts, and refunds shall be deposited into the fund. Amended by Act 2023, No. 826,§ 8, eff. 8/1/2023. Acts 1987, No. 728, § 9; 2005, No. 506, § 5.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a separate fund to be known as the "Self-Insured Fidelity Bond Trust Fund".

(b) (1) No money shall be appropriated from the fund for any purpose except for the use and benefit of participating governmental entities for bond claims and for Governmental Bonding Board expenses, including without limitation travel, actuarial, consultant, and service contract fees. (2) The fund shall be administered by and disbursed at the direction of the Governmental Bonding Board.

(1) No money shall be appropriated from the fund for any purpose except for the use and benefit of participating governmental entities for bond claims and for Governmental Bonding Board expenses, including without limitation travel, actuarial, consultant, and service contract fees.

(2) The fund shall be administered by and disbursed at the direction of the Governmental Bonding Board.

(c) (1) (A) The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance. (B) All incomes derived through investment of the fund shall be credited as investment income to the fund. (C) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under § 19-3-518 . (2) Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

(1) (A) The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance. (B) All incomes derived through investment of the fund shall be credited as investment income to the fund. (C) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under § 19-3-518 .

(A) The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance.

(B) All incomes derived through investment of the fund shall be credited as investment income to the fund.

(C) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under § 19-3-518 .

(2) Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

(d) All moneys received by the Governmental Bonding Board for the Self-Insured Fidelity Bond Program, including premiums collected by the Governmental Bonding Board under this subchapter, restitution, interest payments, grants, gifts, and refunds shall be deposited into the fund.

Amended by Act 2023, No. 826,§ 8, eff. 8/1/2023.

Acts 1987, No. 728, § 9; 2005, No. 506, § 5.
Ark. Code Ann. § 21-13-101 — AR Code / Title 21 / Chapter 13 / Section 21-13-101
Title
Status: in_force

This chapter may be cited as the "State and Local Government Volunteers Act". Acts 1981, No. 42, § 1; A.S.A. 1947, § 12-3701.

This chapter may be cited as the "State and Local Government Volunteers Act".

Acts 1981, No. 42, § 1; A.S.A. 1947, § 12-3701.
Ark. Code Ann. § 21-5-1413 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1413
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 786,§ 46, eff. 4/12/2023. Amended by Act 2019, No. 763,§ 8, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2340, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2339, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2338, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2337, eff. 7/1/2019. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2023, No. 786,§ 46, eff. 4/12/2023.

Amended by Act 2019, No. 763,§ 8, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2340, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2339, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2338, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2337, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-5-222 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-222
Salary administration grids
Status: in_force

(a) (1) A state agency may request that a salary administration grid be approved for specific classifications or positions if the: (A) State agency has documented the need for a salary administration grid for specified positions or classifications; (B) Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions; (C) Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency; (D) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services up to the midpoint pay level; and (E) (i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level. (ii) The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) (A) Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only. (B) An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position. (C) A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification. (D) Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency. (E) A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis. (3) An approved grid may be amended only upon approval by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (4) Compensation differentials that are included in a state agency's grid plan shall not exceed rates provided in § 21-5-221 . (b) (1) A monthly report shall be made to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, describing all personnel transactions involving applications of this section. (2) The hiring of a new employee under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency. (3) The Office of Personnel Management shall establish policies and procedures regarding the implementation and use of a salary administration grid with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (c) The salary administration grids created under this section shall be reauthorized each biennium by the State Personnel Administrator after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2019, No. 910,§ 6134, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 21, eff. 7/1/2017. Acts 2009, No. 688, § 13.

(a) (1) A state agency may request that a salary administration grid be approved for specific classifications or positions if the: (A) State agency has documented the need for a salary administration grid for specified positions or classifications; (B) Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions; (C) Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency; (D) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services up to the midpoint pay level; and (E) (i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level. (ii) The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) (A) Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only. (B) An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position. (C) A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification. (D) Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency. (E) A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis. (3) An approved grid may be amended only upon approval by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (4) Compensation differentials that are included in a state agency's grid plan shall not exceed rates provided in § 21-5-221 .

(1) A state agency may request that a salary administration grid be approved for specific classifications or positions if the: (A) State agency has documented the need for a salary administration grid for specified positions or classifications; (B) Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions; (C) Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency; (D) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services up to the midpoint pay level; and (E) (i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level. (ii) The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) State agency has documented the need for a salary administration grid for specified positions or classifications;

(B) Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions;

(C) Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency;

(D) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services up to the midpoint pay level; and

(E) (i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level. (ii) The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level.

(ii) The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(2) (A) Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only. (B) An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position. (C) A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification. (D) Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency. (E) A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis.

(A) Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only.

(B) An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position.

(C) A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification.

(D) Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency.

(E) A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis.

(3) An approved grid may be amended only upon approval by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(4) Compensation differentials that are included in a state agency's grid plan shall not exceed rates provided in § 21-5-221 .

(b) (1) A monthly report shall be made to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, describing all personnel transactions involving applications of this section. (2) The hiring of a new employee under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency. (3) The Office of Personnel Management shall establish policies and procedures regarding the implementation and use of a salary administration grid with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) A monthly report shall be made to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, describing all personnel transactions involving applications of this section.

(2) The hiring of a new employee under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency.

(3) The Office of Personnel Management shall establish policies and procedures regarding the implementation and use of a salary administration grid with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(c) The salary administration grids created under this section shall be reauthorized each biennium by the State Personnel Administrator after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2019, No. 910,§ 6134, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 21, eff. 7/1/2017.

Acts 2009, No. 688, § 13.
Ark. Code Ann. § 21-1-501 — AR Code / Title 21 / Chapter 1 / Subchapter 5 / Section 21-1-501
Title
Status: in_force

This subchapter shall create the "Public Employees' Political Freedom Act of 1999". Acts 1999, No. 658, § 1.

This subchapter shall create the "Public Employees' Political Freedom Act of 1999".

Acts 1999, No. 658, § 1.
Ark. Code Ann. § 21-4-106 — AR Code / Title 21 / Chapter 4 / Subchapter 1 / Section 21-4-106
Leave of absence for participation in Healthy Employee Lifestyle Program - Definitions
Status: in_force

(a) As used in this section: (1) "Agency" means a department, agency, bureau, including the Bureau of Legislative Research, board, or commission of any branch of state government; (2) "Employee" means a full-time employee of the State of Arkansas or any branch, department, agency, board, bureau, including the Bureau of Legislative Research, or commission of any branch of state government; and (3) "Healthy Employee Lifestyle Program" means the incentive program of the Department of Health that will reward regular exercise, good nutrition, and other healthy lifestyle choices. (b) (1) Upon completion of a pilot program to be conducted by the department, the department shall: (A) Make the Healthy Employee Lifestyle Program available to all agency directors; and (B) Assist the agencies in the Healthy Employee Lifestyle Program's implementation. (2) Upon completion of the pilot program, every agency director shall consider making the Healthy Employee Lifestyle Program available to the agency's employees. (c) (1) At the discretion of the agency director, an employee may be granted paid leave of up to three (3) days per calendar year for satisfactory compliance with the Healthy Employee Lifestyle Program. (2) The leave shall be used in the calendar year in which it was granted. (3) The leave is not compensable at termination. (d) Each agency shall identify and maintain, if practicable, in or near each agency building an area or areas that employees may use for walking exercise. Acts 2005, No. 724, § 1.

(a) As used in this section: (1) "Agency" means a department, agency, bureau, including the Bureau of Legislative Research, board, or commission of any branch of state government; (2) "Employee" means a full-time employee of the State of Arkansas or any branch, department, agency, board, bureau, including the Bureau of Legislative Research, or commission of any branch of state government; and (3) "Healthy Employee Lifestyle Program" means the incentive program of the Department of Health that will reward regular exercise, good nutrition, and other healthy lifestyle choices.

(1) "Agency" means a department, agency, bureau, including the Bureau of Legislative Research, board, or commission of any branch of state government;

(2) "Employee" means a full-time employee of the State of Arkansas or any branch, department, agency, board, bureau, including the Bureau of Legislative Research, or commission of any branch of state government; and

(3) "Healthy Employee Lifestyle Program" means the incentive program of the Department of Health that will reward regular exercise, good nutrition, and other healthy lifestyle choices.

(b) (1) Upon completion of a pilot program to be conducted by the department, the department shall: (A) Make the Healthy Employee Lifestyle Program available to all agency directors; and (B) Assist the agencies in the Healthy Employee Lifestyle Program's implementation. (2) Upon completion of the pilot program, every agency director shall consider making the Healthy Employee Lifestyle Program available to the agency's employees.

(1) Upon completion of a pilot program to be conducted by the department, the department shall: (A) Make the Healthy Employee Lifestyle Program available to all agency directors; and (B) Assist the agencies in the Healthy Employee Lifestyle Program's implementation.

(A) Make the Healthy Employee Lifestyle Program available to all agency directors; and

(B) Assist the agencies in the Healthy Employee Lifestyle Program's implementation.

(2) Upon completion of the pilot program, every agency director shall consider making the Healthy Employee Lifestyle Program available to the agency's employees.

(c) (1) At the discretion of the agency director, an employee may be granted paid leave of up to three (3) days per calendar year for satisfactory compliance with the Healthy Employee Lifestyle Program. (2) The leave shall be used in the calendar year in which it was granted. (3) The leave is not compensable at termination.

(1) At the discretion of the agency director, an employee may be granted paid leave of up to three (3) days per calendar year for satisfactory compliance with the Healthy Employee Lifestyle Program.

(2) The leave shall be used in the calendar year in which it was granted.

(3) The leave is not compensable at termination.

(d) Each agency shall identify and maintain, if practicable, in or near each agency building an area or areas that employees may use for walking exercise.

Acts 2005, No. 724, § 1.
Ark. Code Ann. § 21-11-106 — AR Code / Title 21 / Chapter 11 / Section 21-11-106
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 72, eff. 7/1/2023. Acts 1981, No. 856, § 6; A.S.A. 1947, § 12-4005.

Repealed by Act 2023, No. 365,§ 72, eff. 7/1/2023.

Acts 1981, No. 856, § 6; A.S.A. 1947, § 12-4005.
Ark. Code Ann. § 21-5-227 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-227
Special compensation awards
Status: in_force

(a) (1) A state agency may provide a special compensation award to an employee: (A) To recognize the employee's outstanding performance in successfully completing a significant project or job assignment or completing a major project milestone; or (B) Due to the assignment of temporary job responsibilities for a period not to exceed six (6) months that: (i) Are beyond the scope of work typically performed by the employee; and (ii) Have produced measurable results that enhance the mission and goals of the state agency. (2) The state agency shall determine whether to offer a special compensation award and, if so, the type of special compensation award to offer. (b) A special compensation award may consist of: (1) A lump-sum bonus payment not to exceed five thousand dollars ($5,000) per award; (2) (A) Up to forty (40) hours of incentive leave that shall: (i) Be used by the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not carry forward to the subsequent calendar year. (B) If an employee receives an award of incentive leave under subdivision (b)(2)(A) of this section, the incentive leave shall: (i) Expire if the employee resigns or is terminated from employment before the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency; or (3) (A) A lump-sum payment of an employee's annual leave. (B) A lump-sum payment under subdivision (b)(3)(A) of this section shall: (i) Not exceed forty (40) hours of annual leave; (ii) Be paid at the employee's hourly rate; and (iii) Not reduce the employee's combined balance of annual leave, holiday leave, and birthday leave to less than eighty (80) hours. (c) (1) (A) A state agency wishing to provide special compensation awards to employees shall prepare a written plan for administering special compensation awards. (B) The written plan under this subsection shall include: (i) An explanation of how the special compensation awards will be implemented; (ii) A list of the classifications eligible for special compensation awards; (iii) Objective, measurable standards for the selection of employees within the listed classifications under subdivision (c)(1)(B)(ii) of this section who are eligible for a special compensation award; and (iv) A description of the special compensation awards that may be provided to employees. (2) The written plan under this subsection shall be reviewed by the Office of Personnel Management. (3) When the office has completed its review of the written plan under subdivision (c)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval. (4) A state agency shall not provide a special compensation award before the approval of the state agency's written plan for administering special compensation awards under subdivision (c)(3) of this section. (5) If the state agency amends the written plan following its approval under subdivision (c)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (c)((1)-(3) of this section; and (B) Not provide a special compensation award under the provisions of the amended written plan before the approval of the state agency's amended written plan. (d) (1) After a state agency's written plan for administering special compensation awards has been approved under subdivision (c)(3) of this section, the state agency may submit a request for a special compensation award to the office for approval. (2) A request under subdivision (a)(1)(A) of this section shall include the following: (A) A description of the project or assignment prompting the special compensation award; (B) A description of the work that was completed as part of the project or assignment; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the project or assignment that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees. (3) A request under subdivision (a)(1)(B) of this section shall include the following: (A) A list of the regularly assigned job responsibilities of the employee or employees; (B) A list of the temporary job responsibilities assigned to the employee or employees; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the temporary job responsibilities that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees. (4) A request for a special compensation award under this subsection shall be consistent with the written plan for administering special compensation awards of the state agency. (5) A state agency shall not provide a special compensation award before the approval of the special compensation award by the office under this subsection. (e) A lump-sum special compensation award under this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining retirement benefits. (f) (1) (A) An employee shall not receive a special compensation award under this section more than two (2) times in a biennium. (B) The total compensation received from lump-sum bonus payments under subdivision (b)(1) of this section during a biennium shall not exceed ten thousand dollars ($10,000). (2) A special compensation award under this section may be awarded to an employee whether or not the special compensation award would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification. (3) An employee may receive a special compensation award and a merit increase under § 21-5-1101 in the same fiscal year. (g) (1) A special compensation award under this section is subject to a state agency's ability to certify funding for a special compensation award. (2) A state agency shall: (A) Use existing funding for a special compensation award under this section; and (B) Not access the Performance Fund to provide a special compensation award under this section. (h) The office shall file monthly reports of special compensation awards issued under this section with the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee. (i) (1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void. Added by Act 2024, No. 172,§ 5, eff. 7/1/2024.

(a) (1) A state agency may provide a special compensation award to an employee: (A) To recognize the employee's outstanding performance in successfully completing a significant project or job assignment or completing a major project milestone; or (B) Due to the assignment of temporary job responsibilities for a period not to exceed six (6) months that: (i) Are beyond the scope of work typically performed by the employee; and (ii) Have produced measurable results that enhance the mission and goals of the state agency. (2) The state agency shall determine whether to offer a special compensation award and, if so, the type of special compensation award to offer.

(1) A state agency may provide a special compensation award to an employee: (A) To recognize the employee's outstanding performance in successfully completing a significant project or job assignment or completing a major project milestone; or (B) Due to the assignment of temporary job responsibilities for a period not to exceed six (6) months that: (i) Are beyond the scope of work typically performed by the employee; and (ii) Have produced measurable results that enhance the mission and goals of the state agency.

(A) To recognize the employee's outstanding performance in successfully completing a significant project or job assignment or completing a major project milestone; or

(B) Due to the assignment of temporary job responsibilities for a period not to exceed six (6) months that: (i) Are beyond the scope of work typically performed by the employee; and (ii) Have produced measurable results that enhance the mission and goals of the state agency.

(i) Are beyond the scope of work typically performed by the employee; and

(ii) Have produced measurable results that enhance the mission and goals of the state agency.

(2) The state agency shall determine whether to offer a special compensation award and, if so, the type of special compensation award to offer.

(b) A special compensation award may consist of: (1) A lump-sum bonus payment not to exceed five thousand dollars ($5,000) per award; (2) (A) Up to forty (40) hours of incentive leave that shall: (i) Be used by the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not carry forward to the subsequent calendar year. (B) If an employee receives an award of incentive leave under subdivision (b)(2)(A) of this section, the incentive leave shall: (i) Expire if the employee resigns or is terminated from employment before the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency; or (3) (A) A lump-sum payment of an employee's annual leave. (B) A lump-sum payment under subdivision (b)(3)(A) of this section shall: (i) Not exceed forty (40) hours of annual leave; (ii) Be paid at the employee's hourly rate; and (iii) Not reduce the employee's combined balance of annual leave, holiday leave, and birthday leave to less than eighty (80) hours.

(1) A lump-sum bonus payment not to exceed five thousand dollars ($5,000) per award;

(2) (A) Up to forty (40) hours of incentive leave that shall: (i) Be used by the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not carry forward to the subsequent calendar year. (B) If an employee receives an award of incentive leave under subdivision (b)(2)(A) of this section, the incentive leave shall: (i) Expire if the employee resigns or is terminated from employment before the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency; or

(A) Up to forty (40) hours of incentive leave that shall: (i) Be used by the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not carry forward to the subsequent calendar year.

(i) Be used by the end of the calendar year following the calendar year in which the award of incentive leave was made; and

(ii) Not carry forward to the subsequent calendar year.

(B) If an employee receives an award of incentive leave under subdivision (b)(2)(A) of this section, the incentive leave shall: (i) Expire if the employee resigns or is terminated from employment before the end of the calendar year following the calendar year in which the award of incentive leave was made; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency; or

(i) Expire if the employee resigns or is terminated from employment before the end of the calendar year following the calendar year in which the award of incentive leave was made; and

(ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency; or

(3) (A) A lump-sum payment of an employee's annual leave. (B) A lump-sum payment under subdivision (b)(3)(A) of this section shall: (i) Not exceed forty (40) hours of annual leave; (ii) Be paid at the employee's hourly rate; and (iii) Not reduce the employee's combined balance of annual leave, holiday leave, and birthday leave to less than eighty (80) hours.

(A) A lump-sum payment of an employee's annual leave.

(B) A lump-sum payment under subdivision (b)(3)(A) of this section shall: (i) Not exceed forty (40) hours of annual leave; (ii) Be paid at the employee's hourly rate; and (iii) Not reduce the employee's combined balance of annual leave, holiday leave, and birthday leave to less than eighty (80) hours.

(i) Not exceed forty (40) hours of annual leave;

(ii) Be paid at the employee's hourly rate; and

(iii) Not reduce the employee's combined balance of annual leave, holiday leave, and birthday leave to less than eighty (80) hours.

(c) (1) (A) A state agency wishing to provide special compensation awards to employees shall prepare a written plan for administering special compensation awards. (B) The written plan under this subsection shall include: (i) An explanation of how the special compensation awards will be implemented; (ii) A list of the classifications eligible for special compensation awards; (iii) Objective, measurable standards for the selection of employees within the listed classifications under subdivision (c)(1)(B)(ii) of this section who are eligible for a special compensation award; and (iv) A description of the special compensation awards that may be provided to employees. (2) The written plan under this subsection shall be reviewed by the Office of Personnel Management. (3) When the office has completed its review of the written plan under subdivision (c)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval. (4) A state agency shall not provide a special compensation award before the approval of the state agency's written plan for administering special compensation awards under subdivision (c)(3) of this section. (5) If the state agency amends the written plan following its approval under subdivision (c)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (c)((1)-(3) of this section; and (B) Not provide a special compensation award under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(1) (A) A state agency wishing to provide special compensation awards to employees shall prepare a written plan for administering special compensation awards. (B) The written plan under this subsection shall include: (i) An explanation of how the special compensation awards will be implemented; (ii) A list of the classifications eligible for special compensation awards; (iii) Objective, measurable standards for the selection of employees within the listed classifications under subdivision (c)(1)(B)(ii) of this section who are eligible for a special compensation award; and (iv) A description of the special compensation awards that may be provided to employees.

(A) A state agency wishing to provide special compensation awards to employees shall prepare a written plan for administering special compensation awards.

(B) The written plan under this subsection shall include: (i) An explanation of how the special compensation awards will be implemented; (ii) A list of the classifications eligible for special compensation awards; (iii) Objective, measurable standards for the selection of employees within the listed classifications under subdivision (c)(1)(B)(ii) of this section who are eligible for a special compensation award; and (iv) A description of the special compensation awards that may be provided to employees.

(i) An explanation of how the special compensation awards will be implemented;

(ii) A list of the classifications eligible for special compensation awards;

(iii) Objective, measurable standards for the selection of employees within the listed classifications under subdivision (c)(1)(B)(ii) of this section who are eligible for a special compensation award; and

(iv) A description of the special compensation awards that may be provided to employees.

(2) The written plan under this subsection shall be reviewed by the Office of Personnel Management.

(3) When the office has completed its review of the written plan under subdivision (c)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval.

(4) A state agency shall not provide a special compensation award before the approval of the state agency's written plan for administering special compensation awards under subdivision (c)(3) of this section.

(5) If the state agency amends the written plan following its approval under subdivision (c)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (c)((1)-(3) of this section; and (B) Not provide a special compensation award under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (c)((1)-(3) of this section; and

(B) Not provide a special compensation award under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(d) (1) After a state agency's written plan for administering special compensation awards has been approved under subdivision (c)(3) of this section, the state agency may submit a request for a special compensation award to the office for approval. (2) A request under subdivision (a)(1)(A) of this section shall include the following: (A) A description of the project or assignment prompting the special compensation award; (B) A description of the work that was completed as part of the project or assignment; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the project or assignment that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees. (3) A request under subdivision (a)(1)(B) of this section shall include the following: (A) A list of the regularly assigned job responsibilities of the employee or employees; (B) A list of the temporary job responsibilities assigned to the employee or employees; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the temporary job responsibilities that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees. (4) A request for a special compensation award under this subsection shall be consistent with the written plan for administering special compensation awards of the state agency. (5) A state agency shall not provide a special compensation award before the approval of the special compensation award by the office under this subsection.

(1) After a state agency's written plan for administering special compensation awards has been approved under subdivision (c)(3) of this section, the state agency may submit a request for a special compensation award to the office for approval.

(2) A request under subdivision (a)(1)(A) of this section shall include the following: (A) A description of the project or assignment prompting the special compensation award; (B) A description of the work that was completed as part of the project or assignment; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the project or assignment that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees.

(A) A description of the project or assignment prompting the special compensation award;

(B) A description of the work that was completed as part of the project or assignment;

(C) The name or names of the employee or employees who would receive the special compensation award;

(D) A description of how the employee or employees were selected for the project or assignment that prompted the request for the special compensation award; and

(E) A description of the special compensation award that would be provided to the employee or employees.

(3) A request under subdivision (a)(1)(B) of this section shall include the following: (A) A list of the regularly assigned job responsibilities of the employee or employees; (B) A list of the temporary job responsibilities assigned to the employee or employees; (C) The name or names of the employee or employees who would receive the special compensation award; (D) A description of how the employee or employees were selected for the temporary job responsibilities that prompted the request for the special compensation award; and (E) A description of the special compensation award that would be provided to the employee or employees.

(A) A list of the regularly assigned job responsibilities of the employee or employees;

(B) A list of the temporary job responsibilities assigned to the employee or employees;

(C) The name or names of the employee or employees who would receive the special compensation award;

(D) A description of how the employee or employees were selected for the temporary job responsibilities that prompted the request for the special compensation award; and

(E) A description of the special compensation award that would be provided to the employee or employees.

(4) A request for a special compensation award under this subsection shall be consistent with the written plan for administering special compensation awards of the state agency.

(5) A state agency shall not provide a special compensation award before the approval of the special compensation award by the office under this subsection.

(e) A lump-sum special compensation award under this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining retirement benefits.

(1) Subject to withholding of all applicable state and federal taxes; and

(2) Included by retirement systems in determining retirement benefits.

(f) (1) (A) An employee shall not receive a special compensation award under this section more than two (2) times in a biennium. (B) The total compensation received from lump-sum bonus payments under subdivision (b)(1) of this section during a biennium shall not exceed ten thousand dollars ($10,000). (2) A special compensation award under this section may be awarded to an employee whether or not the special compensation award would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification. (3) An employee may receive a special compensation award and a merit increase under § 21-5-1101 in the same fiscal year.

(1) (A) An employee shall not receive a special compensation award under this section more than two (2) times in a biennium. (B) The total compensation received from lump-sum bonus payments under subdivision (b)(1) of this section during a biennium shall not exceed ten thousand dollars ($10,000).

(A) An employee shall not receive a special compensation award under this section more than two (2) times in a biennium.

(B) The total compensation received from lump-sum bonus payments under subdivision (b)(1) of this section during a biennium shall not exceed ten thousand dollars ($10,000).

(2) A special compensation award under this section may be awarded to an employee whether or not the special compensation award would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification.

(3) An employee may receive a special compensation award and a merit increase under § 21-5-1101 in the same fiscal year.

(g) (1) A special compensation award under this section is subject to a state agency's ability to certify funding for a special compensation award. (2) A state agency shall: (A) Use existing funding for a special compensation award under this section; and (B) Not access the Performance Fund to provide a special compensation award under this section.

(1) A special compensation award under this section is subject to a state agency's ability to certify funding for a special compensation award.

(2) A state agency shall: (A) Use existing funding for a special compensation award under this section; and (B) Not access the Performance Fund to provide a special compensation award under this section.

(A) Use existing funding for a special compensation award under this section; and

(B) Not access the Performance Fund to provide a special compensation award under this section.

(h) The office shall file monthly reports of special compensation awards issued under this section with the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.

(i) (1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section.

(2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section.

(B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

Added by Act 2024, No. 172,§ 5, eff. 7/1/2024.
Ark. Code Ann. § 21-15-110 — AR Code / Title 21 / Chapter 15 / Section 21-15-110
Notice to employer
Status: in_force

(a) If a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a designated position, the investigating agency shall immediately notify the employer of that state employee. (b) The employer shall immediately discharge the employee. Acts 2001, No. 995, § 8.

(a) If a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a designated position, the investigating agency shall immediately notify the employer of that state employee.

(b) The employer shall immediately discharge the employee.

Acts 2001, No. 995, § 8.
Ark. Code Ann. § 21-5-1411 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1411
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 786,§ 44, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2334, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2333, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2332, eff. 7/1/2019. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2023, No. 786,§ 44, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2334, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2333, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2332, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-2-710 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-710
Billing certification - Payment and deposit
Status: in_force

(a) The Governmental Bonding Board, with the assistance of the State Insurance Department, shall prepare a billing certification to be remitted to the: (1) (A) (i) Department of Finance and Administration. (ii) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification. (B) Funds appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and (2) Chief Fiscal Officer of the State, who shall pay the billing certification from funds withheld from the: (A) County Aid Fund that are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees; (B) Municipal Aid Fund that are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and (C) Public School Fund that are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees. (b) Upon receipt of these funds, the Insurance Commissioner shall deposit them into the Self-Insured Fidelity Bond Trust Fund. Amended by Act 2023, No. 826,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 367,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3493, eff. 7/1/2019. Acts 1987, No. 728, § 11.

(a) The Governmental Bonding Board, with the assistance of the State Insurance Department, shall prepare a billing certification to be remitted to the: (1) (A) (i) Department of Finance and Administration. (ii) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification. (B) Funds appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and (2) Chief Fiscal Officer of the State, who shall pay the billing certification from funds withheld from the: (A) County Aid Fund that are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees; (B) Municipal Aid Fund that are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and (C) Public School Fund that are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees.

(1) (A) (i) Department of Finance and Administration. (ii) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification. (B) Funds appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and

(A) (i) Department of Finance and Administration. (ii) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.

(i) Department of Finance and Administration.

(ii) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.

(B) Funds appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and

(2) Chief Fiscal Officer of the State, who shall pay the billing certification from funds withheld from the: (A) County Aid Fund that are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees; (B) Municipal Aid Fund that are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and (C) Public School Fund that are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees.

(A) County Aid Fund that are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees;

(B) Municipal Aid Fund that are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and

(C) Public School Fund that are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees.

(b) Upon receipt of these funds, the Insurance Commissioner shall deposit them into the Self-Insured Fidelity Bond Trust Fund.

Amended by Act 2023, No. 826,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 367,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3493, eff. 7/1/2019.

Acts 1987, No. 728, § 11.
Ark. Code Ann. § 21-5-420 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-420
Coverage for diagnosis and treatment of morbid obesity - Legislative findings and intent - Definitions - Rules
Status: in_force

(a) The General Assembly finds that: (1) Morbid obesity causes many medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke; (2) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious and effective medical treatment; (3) The recommended guidelines developed by the National Institutes of Health, the American Society for Metabolic and Bariatric Surgery, the American Obesity Association, and Shape Up America! and embraced by the American Medical Association and the American College of Surgeons are that patients who are morbidly obese receive responsible and affordable medical treatment for their obesity; (4) The rate of bariatric surgery use has increased in the past decade to more than one hundred seventy thousand (170,000) surgical procedures per year in the United States; (5) Payers can rely on bariatric surgery paying for itself through decreased comorbidities within two (2) to four (4) years; (6) In 2019, the majority of members who had bariatric surgery under the State and Public School Life and Health Insurance Program had a total per-member per-month cost reduction of thirty-seven percent (37%), primarily due to a reduction of forty-five percent (45%) in medical per-member per-month costs; (7) There is a clinical and financial benefit to reducing the burden of chronic disease through coverage; and (8) The diagnosis and treatment of morbid obesity should be a clinical decision made by a physician based on evidence-based guidelines. (b) It is the intent of the General Assembly to provide coverage for the diagnosis and treatment of morbid obesity. (c) As used in this section: (1) "Body mass index" means body weight in kilograms divided by height in meters squared; and (2) "Morbid obesity": (A) Means a weight that is at least two (2) times the ideal weight for frame, age, height, and sex of an individual as determined by an examining physician; and (B) May be measured as a body mass index: (i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or (ii) Greater than forty kilograms per meter squared (40 kg/m2). (d) (1) Each state employee's and public school employee's health benefit plan under the program that is offered, issued, or renewed on or after January 1, 2023, shall offer coverage for the diagnosis and treatment of morbid obesity. (2) The coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall include without limitation coverage for bariatric surgery, including: (A) Gastric bypass surgery; (B) Adjustable gastric banding surgery; (C) Sleeve gastrectomy surgery; and (D) Duodenal switch biliopancreatic diversion. (3) (A) Priority on coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall be for participants who have at least one (1) diagnosis that bariatric surgery has been recognized by medical science to reduce healthcare costs. (B) The diagnosis described in subdivision (d)(3)(A) of this section shall include without limitation: (i) Cardiovascular disease; (ii) Coronary artery disease; (iii) Diabetes mellitus; (iv) Evidence of fatty liver disease, including without limitation nonalcoholic fatty liver disease or nonalcoholic steatohepatitis; (v) Gastroesophageal reflux disease refractory to medical therapy; (vi) Hyperlipidemia; (vii) Lower extremity lymphatic or venous obstruction; (viii) Mechanical arthropathy in a weight-bearing joint or symptomatic degenerative joint disease in a weight-bearing joint; (ix) Obstructive sleep apnea; (x) (a) Poorly controlled hypertension. (b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or (xi) Pulmonary hypertension. (C) (i) Any additional clinical recommendations for adding or removing diagnoses under subdivision (d)(3)(B) of this section as being recognized by medical science to reduce healthcare costs and that are determined by the Director of the Employee Benefits Division in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines or recommendations issued by the American Society for Metabolic and Bariatric Surgery shall result in the diagnoses' being added or removed. (ii) Additional guidelines or recommendations that may be considered under subdivision (d)(3)(C)(i) of this section include without limitation those issued by: (a) The American Diabetes Association; (b) The American Association of Clinical Endocrinology; and (c) The American Gastroenterological Association. (e) The coverage for morbid obesity diagnosis and treatment offered under this section does not diminish or limit benefits otherwise allowable under the Arkansas State Employees Health Benefit Plan and the Arkansas Public School Employees Health Benefit Plan. (f) To ensure the financial soundness and overall well-being of the program, the State Board of Finance, subject to approval of the Legislative Council, may: (1) Discontinue or suspend a plan option offered under subsection (d) of this section; (2) Promulgate a rule to establish an annual expenditure limit on a plan option offered under subsection (d) of this section; or (3) Promulgate rules to implement this section. Added by Act 2022, No. 109,§ 1, eff. 3/1/2022.

(a) The General Assembly finds that: (1) Morbid obesity causes many medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke; (2) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious and effective medical treatment; (3) The recommended guidelines developed by the National Institutes of Health, the American Society for Metabolic and Bariatric Surgery, the American Obesity Association, and Shape Up America! and embraced by the American Medical Association and the American College of Surgeons are that patients who are morbidly obese receive responsible and affordable medical treatment for their obesity; (4) The rate of bariatric surgery use has increased in the past decade to more than one hundred seventy thousand (170,000) surgical procedures per year in the United States; (5) Payers can rely on bariatric surgery paying for itself through decreased comorbidities within two (2) to four (4) years; (6) In 2019, the majority of members who had bariatric surgery under the State and Public School Life and Health Insurance Program had a total per-member per-month cost reduction of thirty-seven percent (37%), primarily due to a reduction of forty-five percent (45%) in medical per-member per-month costs; (7) There is a clinical and financial benefit to reducing the burden of chronic disease through coverage; and (8) The diagnosis and treatment of morbid obesity should be a clinical decision made by a physician based on evidence-based guidelines.

(1) Morbid obesity causes many medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke;

(2) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious and effective medical treatment;

(3) The recommended guidelines developed by the National Institutes of Health, the American Society for Metabolic and Bariatric Surgery, the American Obesity Association, and Shape Up America! and embraced by the American Medical Association and the American College of Surgeons are that patients who are morbidly obese receive responsible and affordable medical treatment for their obesity;

(4) The rate of bariatric surgery use has increased in the past decade to more than one hundred seventy thousand (170,000) surgical procedures per year in the United States;

(5) Payers can rely on bariatric surgery paying for itself through decreased comorbidities within two (2) to four (4) years;

(6) In 2019, the majority of members who had bariatric surgery under the State and Public School Life and Health Insurance Program had a total per-member per-month cost reduction of thirty-seven percent (37%), primarily due to a reduction of forty-five percent (45%) in medical per-member per-month costs;

(7) There is a clinical and financial benefit to reducing the burden of chronic disease through coverage; and

(8) The diagnosis and treatment of morbid obesity should be a clinical decision made by a physician based on evidence-based guidelines.

(b) It is the intent of the General Assembly to provide coverage for the diagnosis and treatment of morbid obesity.

(c) As used in this section: (1) "Body mass index" means body weight in kilograms divided by height in meters squared; and (2) "Morbid obesity": (A) Means a weight that is at least two (2) times the ideal weight for frame, age, height, and sex of an individual as determined by an examining physician; and (B) May be measured as a body mass index: (i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or (ii) Greater than forty kilograms per meter squared (40 kg/m2).

(1) "Body mass index" means body weight in kilograms divided by height in meters squared; and

(2) "Morbid obesity": (A) Means a weight that is at least two (2) times the ideal weight for frame, age, height, and sex of an individual as determined by an examining physician; and (B) May be measured as a body mass index: (i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or (ii) Greater than forty kilograms per meter squared (40 kg/m2).

(A) Means a weight that is at least two (2) times the ideal weight for frame, age, height, and sex of an individual as determined by an examining physician; and

(B) May be measured as a body mass index: (i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or (ii) Greater than forty kilograms per meter squared (40 kg/m2).

(i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or

(ii) Greater than forty kilograms per meter squared (40 kg/m2).

(d) (1) Each state employee's and public school employee's health benefit plan under the program that is offered, issued, or renewed on or after January 1, 2023, shall offer coverage for the diagnosis and treatment of morbid obesity. (2) The coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall include without limitation coverage for bariatric surgery, including: (A) Gastric bypass surgery; (B) Adjustable gastric banding surgery; (C) Sleeve gastrectomy surgery; and (D) Duodenal switch biliopancreatic diversion. (3) (A) Priority on coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall be for participants who have at least one (1) diagnosis that bariatric surgery has been recognized by medical science to reduce healthcare costs. (B) The diagnosis described in subdivision (d)(3)(A) of this section shall include without limitation: (i) Cardiovascular disease; (ii) Coronary artery disease; (iii) Diabetes mellitus; (iv) Evidence of fatty liver disease, including without limitation nonalcoholic fatty liver disease or nonalcoholic steatohepatitis; (v) Gastroesophageal reflux disease refractory to medical therapy; (vi) Hyperlipidemia; (vii) Lower extremity lymphatic or venous obstruction; (viii) Mechanical arthropathy in a weight-bearing joint or symptomatic degenerative joint disease in a weight-bearing joint; (ix) Obstructive sleep apnea; (x) (a) Poorly controlled hypertension. (b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or (xi) Pulmonary hypertension. (C) (i) Any additional clinical recommendations for adding or removing diagnoses under subdivision (d)(3)(B) of this section as being recognized by medical science to reduce healthcare costs and that are determined by the Director of the Employee Benefits Division in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines or recommendations issued by the American Society for Metabolic and Bariatric Surgery shall result in the diagnoses' being added or removed. (ii) Additional guidelines or recommendations that may be considered under subdivision (d)(3)(C)(i) of this section include without limitation those issued by: (a) The American Diabetes Association; (b) The American Association of Clinical Endocrinology; and (c) The American Gastroenterological Association.

(1) Each state employee's and public school employee's health benefit plan under the program that is offered, issued, or renewed on or after January 1, 2023, shall offer coverage for the diagnosis and treatment of morbid obesity.

(2) The coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall include without limitation coverage for bariatric surgery, including: (A) Gastric bypass surgery; (B) Adjustable gastric banding surgery; (C) Sleeve gastrectomy surgery; and (D) Duodenal switch biliopancreatic diversion.

(A) Gastric bypass surgery;

(B) Adjustable gastric banding surgery;

(C) Sleeve gastrectomy surgery; and

(D) Duodenal switch biliopancreatic diversion.

(3) (A) Priority on coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall be for participants who have at least one (1) diagnosis that bariatric surgery has been recognized by medical science to reduce healthcare costs. (B) The diagnosis described in subdivision (d)(3)(A) of this section shall include without limitation: (i) Cardiovascular disease; (ii) Coronary artery disease; (iii) Diabetes mellitus; (iv) Evidence of fatty liver disease, including without limitation nonalcoholic fatty liver disease or nonalcoholic steatohepatitis; (v) Gastroesophageal reflux disease refractory to medical therapy; (vi) Hyperlipidemia; (vii) Lower extremity lymphatic or venous obstruction; (viii) Mechanical arthropathy in a weight-bearing joint or symptomatic degenerative joint disease in a weight-bearing joint; (ix) Obstructive sleep apnea; (x) (a) Poorly controlled hypertension. (b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or (xi) Pulmonary hypertension. (C) (i) Any additional clinical recommendations for adding or removing diagnoses under subdivision (d)(3)(B) of this section as being recognized by medical science to reduce healthcare costs and that are determined by the Director of the Employee Benefits Division in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines or recommendations issued by the American Society for Metabolic and Bariatric Surgery shall result in the diagnoses' being added or removed. (ii) Additional guidelines or recommendations that may be considered under subdivision (d)(3)(C)(i) of this section include without limitation those issued by: (a) The American Diabetes Association; (b) The American Association of Clinical Endocrinology; and (c) The American Gastroenterological Association.

(A) Priority on coverage for the diagnosis and treatment of morbid obesity offered under subdivision (d)(1) of this section shall be for participants who have at least one (1) diagnosis that bariatric surgery has been recognized by medical science to reduce healthcare costs.

(B) The diagnosis described in subdivision (d)(3)(A) of this section shall include without limitation: (i) Cardiovascular disease; (ii) Coronary artery disease; (iii) Diabetes mellitus; (iv) Evidence of fatty liver disease, including without limitation nonalcoholic fatty liver disease or nonalcoholic steatohepatitis; (v) Gastroesophageal reflux disease refractory to medical therapy; (vi) Hyperlipidemia; (vii) Lower extremity lymphatic or venous obstruction; (viii) Mechanical arthropathy in a weight-bearing joint or symptomatic degenerative joint disease in a weight-bearing joint; (ix) Obstructive sleep apnea; (x) (a) Poorly controlled hypertension. (b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or (xi) Pulmonary hypertension.

(i) Cardiovascular disease;

(ii) Coronary artery disease;

(iii) Diabetes mellitus;

(iv) Evidence of fatty liver disease, including without limitation nonalcoholic fatty liver disease or nonalcoholic steatohepatitis;

(v) Gastroesophageal reflux disease refractory to medical therapy;

(vi) Hyperlipidemia;

(vii) Lower extremity lymphatic or venous obstruction;

(viii) Mechanical arthropathy in a weight-bearing joint or symptomatic degenerative joint disease in a weight-bearing joint;

(ix) Obstructive sleep apnea;

(x) (a) Poorly controlled hypertension. (b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or

(a) Poorly controlled hypertension.

(b) As used in subdivision (d)(3)(B)(x) (a) of this section, "poorly controlled hypertension" means a systolic blood pressure of at least one hundred forty millimeters of mercury (140 mmHg) or a diastolic blood pressure of ninety millimeters of mercury (90 mmHg) or greater, despite medical management; or

(xi) Pulmonary hypertension.

(C) (i) Any additional clinical recommendations for adding or removing diagnoses under subdivision (d)(3)(B) of this section as being recognized by medical science to reduce healthcare costs and that are determined by the Director of the Employee Benefits Division in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines or recommendations issued by the American Society for Metabolic and Bariatric Surgery shall result in the diagnoses' being added or removed. (ii) Additional guidelines or recommendations that may be considered under subdivision (d)(3)(C)(i) of this section include without limitation those issued by: (a) The American Diabetes Association; (b) The American Association of Clinical Endocrinology; and (c) The American Gastroenterological Association.

(i) Any additional clinical recommendations for adding or removing diagnoses under subdivision (d)(3)(B) of this section as being recognized by medical science to reduce healthcare costs and that are determined by the Director of the Employee Benefits Division in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines or recommendations issued by the American Society for Metabolic and Bariatric Surgery shall result in the diagnoses' being added or removed.

(ii) Additional guidelines or recommendations that may be considered under subdivision (d)(3)(C)(i) of this section include without limitation those issued by: (a) The American Diabetes Association; (b) The American Association of Clinical Endocrinology; and (c) The American Gastroenterological Association.

(a) The American Diabetes Association;

(b) The American Association of Clinical Endocrinology; and

(c) The American Gastroenterological Association.

(e) The coverage for morbid obesity diagnosis and treatment offered under this section does not diminish or limit benefits otherwise allowable under the Arkansas State Employees Health Benefit Plan and the Arkansas Public School Employees Health Benefit Plan.

(f) To ensure the financial soundness and overall well-being of the program, the State Board of Finance, subject to approval of the Legislative Council, may: (1) Discontinue or suspend a plan option offered under subsection (d) of this section; (2) Promulgate a rule to establish an annual expenditure limit on a plan option offered under subsection (d) of this section; or (3) Promulgate rules to implement this section.

(1) Discontinue or suspend a plan option offered under subsection (d) of this section;

(2) Promulgate a rule to establish an annual expenditure limit on a plan option offered under subsection (d) of this section; or

(3) Promulgate rules to implement this section.

Added by Act 2022, No. 109,§ 1, eff. 3/1/2022.
Ark. Code Ann. § 21-1-610 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-610
Reward to state employee when communication of waste or violation results in savings of state funds - Definitions
Status: in_force

(a) As used in this section: (1) "State employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and (2) "State employer" means: (A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the: (i) Offices of the various Arkansas elected constitutional officers; and (ii) General Assembly and its agencies, bureaus, and divisions; or (B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education. (b) A state employee making a communication under § 21-1-603 shall be eligible to receive a reward in an amount equal to ten percent (10%) of any savings in state funds attributable to changes made based on a communication under § 21-1-603 . (c) Except as provided in subsection (g) of this section, upon the resolution of a matter communicated to an appropriate authority under § 21-1-603 , the appropriate authority shall provide a written report detailing the content of the communication and the outcome of the communication to the: (1) State employee who made the communication; and (2) State employer that was the subject of the communication. (d) After receiving a written report under subsection (c) of this section, a state employer shall: (1) Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and (2) (A) Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing: (i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented; (ii) The name of the state employee who made the communication resulting in the savings of state funds; and (iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report. (B) A report under subdivision (d)(2)(A) of this section shall be submitted to the: (i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee; (ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and (iii) Clerk of the Arkansas State Claims Commission. (e) (1) A state employee may appeal to the Arkansas State Claims Commission in the same manner for filing a claim under § 19-10-208 if the state employee believes that: (A) A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee. (2) A state employee who pursues an appeal under subdivision (e)(1) of this section is granted the same protection provided to a public employee under § 21-1-603 . (3) (A) A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section. (B) An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission. (4) In an appeal to the commission, a state employee shall have the burden of proving by a preponderance of the evidence that the: (A) Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) State employer did not accurately assess the determination of a reward under this section. (5) (A) The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee. (B) (i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision. (ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission. (iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal. (f) (1) (A) Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee. (B) Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee. (2) (A) No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500). (B) If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation. (C) If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer. (g) (1) A state employee wishing to maintain confidentiality under § 21-1-607 or who otherwise chooses to forego a reward under this section shall request to the appropriate authority that the report under subsection (c) of this section not include the state employee's name or identifying information. (2) A state employee making a request under subdivision (g)(1) of this section shall not receive a reward under this section. (3) The name and identifying information of a state employee who requests confidentiality under subdivision (g)(1) of this section is not disclosable under applicable state or federal law. (h) (1) Except as provided in subdivisions (h)(2) and (3) of this section, a reward under this section shall not be payable for a communication made by a state employee in the normal course of the state employee's job duties. (2) If a communication in the normal course of a state employee's job duties detailing waste or a violation is not acted upon by the state employer within ninety (90) days, the state employee may make a communication under § 21-1-603 to an appropriate authority and be eligible for a reward under this section. (3) A report by a state employee of a loss of public funds under § 25-1-124 shall be considered a communication in the normal course of the state employee's job duties if the state employee: (A) Handles or exerts control over the funds of the state employer; (B) Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or (C) Is responsible for auditing the funds of the state employer. Amended by Act 2015, No. 1103,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1080,§ 1, eff. 8/16/2013. Added by Act 2013, No. 211,§ 2, eff. 8/16/2013.

(a) As used in this section: (1) "State employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and (2) "State employer" means: (A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the: (i) Offices of the various Arkansas elected constitutional officers; and (ii) General Assembly and its agencies, bureaus, and divisions; or (B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.

(1) "State employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and

(2) "State employer" means: (A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the: (i) Offices of the various Arkansas elected constitutional officers; and (ii) General Assembly and its agencies, bureaus, and divisions; or (B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.

(A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the: (i) Offices of the various Arkansas elected constitutional officers; and (ii) General Assembly and its agencies, bureaus, and divisions; or

(i) Offices of the various Arkansas elected constitutional officers; and

(ii) General Assembly and its agencies, bureaus, and divisions; or

(B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.

(b) A state employee making a communication under § 21-1-603 shall be eligible to receive a reward in an amount equal to ten percent (10%) of any savings in state funds attributable to changes made based on a communication under § 21-1-603 .

(c) Except as provided in subsection (g) of this section, upon the resolution of a matter communicated to an appropriate authority under § 21-1-603 , the appropriate authority shall provide a written report detailing the content of the communication and the outcome of the communication to the: (1) State employee who made the communication; and (2) State employer that was the subject of the communication.

(1) State employee who made the communication; and

(2) State employer that was the subject of the communication.

(d) After receiving a written report under subsection (c) of this section, a state employer shall: (1) Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and (2) (A) Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing: (i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented; (ii) The name of the state employee who made the communication resulting in the savings of state funds; and (iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report. (B) A report under subdivision (d)(2)(A) of this section shall be submitted to the: (i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee; (ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and (iii) Clerk of the Arkansas State Claims Commission.

(1) Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and

(2) (A) Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing: (i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented; (ii) The name of the state employee who made the communication resulting in the savings of state funds; and (iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report. (B) A report under subdivision (d)(2)(A) of this section shall be submitted to the: (i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee; (ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and (iii) Clerk of the Arkansas State Claims Commission.

(A) Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing: (i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented; (ii) The name of the state employee who made the communication resulting in the savings of state funds; and (iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report.

(i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented;

(ii) The name of the state employee who made the communication resulting in the savings of state funds; and

(iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report.

(B) A report under subdivision (d)(2)(A) of this section shall be submitted to the: (i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee; (ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and (iii) Clerk of the Arkansas State Claims Commission.

(i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee;

(ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and

(iii) Clerk of the Arkansas State Claims Commission.

(e) (1) A state employee may appeal to the Arkansas State Claims Commission in the same manner for filing a claim under § 19-10-208 if the state employee believes that: (A) A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee. (2) A state employee who pursues an appeal under subdivision (e)(1) of this section is granted the same protection provided to a public employee under § 21-1-603 . (3) (A) A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section. (B) An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission. (4) In an appeal to the commission, a state employee shall have the burden of proving by a preponderance of the evidence that the: (A) Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) State employer did not accurately assess the determination of a reward under this section. (5) (A) The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee. (B) (i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision. (ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission. (iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.

(1) A state employee may appeal to the Arkansas State Claims Commission in the same manner for filing a claim under § 19-10-208 if the state employee believes that: (A) A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee.

(A) A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or

(B) The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee.

(2) A state employee who pursues an appeal under subdivision (e)(1) of this section is granted the same protection provided to a public employee under § 21-1-603 .

(3) (A) A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section. (B) An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission.

(A) A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section.

(B) An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission.

(4) In an appeal to the commission, a state employee shall have the burden of proving by a preponderance of the evidence that the: (A) Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or (B) State employer did not accurately assess the determination of a reward under this section.

(A) Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603 ; or

(B) State employer did not accurately assess the determination of a reward under this section.

(5) (A) The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee. (B) (i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision. (ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission. (iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.

(A) The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee.

(B) (i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision. (ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission. (iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.

(i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision.

(ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission.

(iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.

(f) (1) (A) Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee. (B) Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee. (2) (A) No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500). (B) If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation. (C) If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer.

(1) (A) Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee. (B) Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee.

(A) Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee.

(B) Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee.

(2) (A) No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500). (B) If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation. (C) If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer.

(A) No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500).

(B) If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation.

(C) If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer.

(g) (1) A state employee wishing to maintain confidentiality under § 21-1-607 or who otherwise chooses to forego a reward under this section shall request to the appropriate authority that the report under subsection (c) of this section not include the state employee's name or identifying information. (2) A state employee making a request under subdivision (g)(1) of this section shall not receive a reward under this section. (3) The name and identifying information of a state employee who requests confidentiality under subdivision (g)(1) of this section is not disclosable under applicable state or federal law.

(1) A state employee wishing to maintain confidentiality under § 21-1-607 or who otherwise chooses to forego a reward under this section shall request to the appropriate authority that the report under subsection (c) of this section not include the state employee's name or identifying information.

(2) A state employee making a request under subdivision (g)(1) of this section shall not receive a reward under this section.

(3) The name and identifying information of a state employee who requests confidentiality under subdivision (g)(1) of this section is not disclosable under applicable state or federal law.

(h) (1) Except as provided in subdivisions (h)(2) and (3) of this section, a reward under this section shall not be payable for a communication made by a state employee in the normal course of the state employee's job duties. (2) If a communication in the normal course of a state employee's job duties detailing waste or a violation is not acted upon by the state employer within ninety (90) days, the state employee may make a communication under § 21-1-603 to an appropriate authority and be eligible for a reward under this section. (3) A report by a state employee of a loss of public funds under § 25-1-124 shall be considered a communication in the normal course of the state employee's job duties if the state employee: (A) Handles or exerts control over the funds of the state employer; (B) Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or (C) Is responsible for auditing the funds of the state employer.

(1) Except as provided in subdivisions (h)(2) and (3) of this section, a reward under this section shall not be payable for a communication made by a state employee in the normal course of the state employee's job duties.

(2) If a communication in the normal course of a state employee's job duties detailing waste or a violation is not acted upon by the state employer within ninety (90) days, the state employee may make a communication under § 21-1-603 to an appropriate authority and be eligible for a reward under this section.

(3) A report by a state employee of a loss of public funds under § 25-1-124 shall be considered a communication in the normal course of the state employee's job duties if the state employee: (A) Handles or exerts control over the funds of the state employer; (B) Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or (C) Is responsible for auditing the funds of the state employer.

(A) Handles or exerts control over the funds of the state employer;

(B) Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or

(C) Is responsible for auditing the funds of the state employer.

Amended by Act 2015, No. 1103,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1080,§ 1, eff. 8/16/2013.

Added by Act 2013, No. 211,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 21-6-403 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-403
Circuit court clerks - Uniform filing fees - Definition
Status: in_force

(a) (1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section. (2) No portion of the filing fees shall be refunded. (b) The uniform filing fees are: (1) For initiating a cause of action in the circuit court, including appeals ............... $150.00 (2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 ............... 140.00 (3) For reopening a cause of action in the circuit court ............... 50.00 (4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court ............... 50.00. (c) A fee shall not be charged or collected by the clerks of the circuit courts when the court, by order, pursuant to Rule 72 of the Arkansas Rules of Civil Procedure, allows an indigent person to prosecute a cause of action in forma pauperis. (d) An initial filing fee shall not be charged for domestic violence petitions filed pursuant to § 9-15-201 et seq. Established filing fees may be assessed pursuant to § 5-26-310 and § 9-15-202(b) and (c) . (e) (1) (A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action. (B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section. (2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the following circumstances: (A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316 ; (B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or (C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case. (f) A county shall not authorize, and a circuit court clerk shall not assess or collect, any other filing fees than those authorized by this section unless specifically provided by state law. (g) The circuit court may waive the filing fee in cases of involuntary admission upon a finding that the petition is being brought for the benefit of the respondent and it would be inequitable to require the petitioner to pay the fee. (h) As used in this section, "circuit court clerk" means the circuit clerk and, with respect to probate matters, any county clerk who serves as ex officio clerk of the probate division of the circuit court. (i) (1) When a statutory cause of action waives the payment of a filing fee, no other claim for relief shall be brought in that action. (2) To assert another claim: (A) A separate case shall be opened; (B) A new case number shall be assigned; and (C) A filing fee shall be assessed. Amended by Act 2019, No. 246,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 282,§ 13, eff. 3/6/2013. Acts 1977, No. 333, § 1; 1981, No. 824, § 2; 1981 (Ex. Sess.), No. 16, §§ 9, 11; 1981, (Ex. Sess.), No. 27, § 4; A.S.A. 1947, § 12-1710.2; Acts 1989, No. 534, § 1; 1989 (3rd Ex. Sess.), No. 34, § 3; 1995, No. 1256, § 3; 1997, No. 788, § 25; 1997, No. 1341, § 25; 1999, No. 1081, § 4; 2003, No. 1185, § 259; 2003, No. 1765, § 27; 2005, No. 65, § 1; 2005, No. 431, § 1; 2005, No. 1893, § 1; 2007, No. 663, § 15; 2009, No. 475, § 1.

(a) (1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section. (2) No portion of the filing fees shall be refunded.

(1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section.

(2) No portion of the filing fees shall be refunded.

(b) The uniform filing fees are: (1) For initiating a cause of action in the circuit court, including appeals ............... $150.00 (2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 ............... 140.00 (3) For reopening a cause of action in the circuit court ............... 50.00 (4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court ............... 50.00.

(1) For initiating a cause of action in the circuit court, including appeals ............... $150.00

(2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 ............... 140.00

(3) For reopening a cause of action in the circuit court ............... 50.00

(4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court ............... 50.00.

(c) A fee shall not be charged or collected by the clerks of the circuit courts when the court, by order, pursuant to Rule 72 of the Arkansas Rules of Civil Procedure, allows an indigent person to prosecute a cause of action in forma pauperis.

(d) An initial filing fee shall not be charged for domestic violence petitions filed pursuant to § 9-15-201 et seq. Established filing fees may be assessed pursuant to § 5-26-310 and § 9-15-202(b) and (c) .

(e) (1) (A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action. (B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section. (2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the following circumstances: (A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316 ; (B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or (C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case.

(1) (A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action. (B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section.

(A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action.

(B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section.

(2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the following circumstances: (A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316 ; (B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or (C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case.

(A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316 ;

(B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or

(C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case.

(f) A county shall not authorize, and a circuit court clerk shall not assess or collect, any other filing fees than those authorized by this section unless specifically provided by state law.

(g) The circuit court may waive the filing fee in cases of involuntary admission upon a finding that the petition is being brought for the benefit of the respondent and it would be inequitable to require the petitioner to pay the fee.

(h) As used in this section, "circuit court clerk" means the circuit clerk and, with respect to probate matters, any county clerk who serves as ex officio clerk of the probate division of the circuit court.

(i) (1) When a statutory cause of action waives the payment of a filing fee, no other claim for relief shall be brought in that action. (2) To assert another claim: (A) A separate case shall be opened; (B) A new case number shall be assigned; and (C) A filing fee shall be assessed.

(1) When a statutory cause of action waives the payment of a filing fee, no other claim for relief shall be brought in that action.

(2) To assert another claim: (A) A separate case shall be opened; (B) A new case number shall be assigned; and (C) A filing fee shall be assessed.

(A) A separate case shall be opened;

(B) A new case number shall be assigned; and

(C) A filing fee shall be assessed.

Amended by Act 2019, No. 246,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 282,§ 13, eff. 3/6/2013.

Acts 1977, No. 333, § 1; 1981, No. 824, § 2; 1981 (Ex. Sess.), No. 16, §§ 9, 11; 1981, (Ex. Sess.), No. 27, § 4; A.S.A. 1947, § 12-1710.2; Acts 1989, No. 534, § 1; 1989 (3rd Ex. Sess.), No. 34, § 3; 1995, No. 1256, § 3; 1997, No. 788, § 25; 1997, No. 1341, § 25; 1999, No. 1081, § 4; 2003, No. 1185, § 259; 2003, No. 1765, § 27; 2005, No. 65, § 1; 2005, No. 431, § 1; 2005, No. 1893, § 1; 2007, No. 663, § 15; 2009, No. 475, § 1.
Ark. Code Ann. § 21-5-207 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-207
Office of Personnel Management - Duties
Status: in_force

(a) It shall be the duty of the Office of Personnel Management to perform the following administrative responsibilities, subject to this subchapter: (1) To determine that each position of a state agency affected by this subchapter is allocated to a class having a written class specification based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties; (2) To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter; (3) To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by it; (4) (A) To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification. (B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency; (5) (A) To review all class specifications and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions. (B) When necessary, the Office of Personnel Management shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems. (C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council; (6) To develop and implement uniform personnel policies and procedures; (7) (A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the class specification but who have other job-related qualifications which might be validly substituted for the class requirements. (B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the class specification without the necessity for the revision of the class requirements. (C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; (8) (A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade. (B) Unqualified appointments shall be reported by the Office of Personnel Management to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken: (i) Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review; (ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or (iii) Corrective action has been documented by the state agency. (C) It is the specific responsibility of the director of each state agency covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the class specification; (9) (A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a class specification has not been written. (B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter; (10) To revise, as necessary, the class specification of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs; (11) To administer and maintain a system for the evaluation of employee performance effectiveness; (12) To provide assistance to state agencies in identifying, developing, and maintaining training and resource programs; (13) To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government; (14) To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council; and (15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies. (b) In order to ensure and provide for the accuracy and efficiency of this subchapter and to provide for an efficient and equitable system of personnel management, the Office of Personnel Management, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is directed to: (1) Study on a continuing basis and modify and revise when necessary the current classifications, the class specifications, minimum requirements, and other requirements; (2) Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists; (3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and (4) Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter. Amended by Act 2019, No. 981,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 365,§ 12, eff. 7/1/2017. Acts 1969, No. 199, § 6; 1973, No. 873, §§ 1, 5, 6; 1975, No. 932, § 3; 1979, No. 828, § 3; 1981, No. 650, § 3; 1981, No. 695, § 3; 1983, No. 931, § 3; 1985, No. 981, § 3; A.S.A. 1947, §§ 12-3206, 12-3206.1; Acts 1989, No. 793, § 6; 1991, No. 1148, § 2; 2005, No. 1962, § 98; 2009, No. 688, § 5.

(a) It shall be the duty of the Office of Personnel Management to perform the following administrative responsibilities, subject to this subchapter: (1) To determine that each position of a state agency affected by this subchapter is allocated to a class having a written class specification based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties; (2) To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter; (3) To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by it; (4) (A) To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification. (B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency; (5) (A) To review all class specifications and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions. (B) When necessary, the Office of Personnel Management shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems. (C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council; (6) To develop and implement uniform personnel policies and procedures; (7) (A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the class specification but who have other job-related qualifications which might be validly substituted for the class requirements. (B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the class specification without the necessity for the revision of the class requirements. (C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; (8) (A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade. (B) Unqualified appointments shall be reported by the Office of Personnel Management to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken: (i) Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review; (ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or (iii) Corrective action has been documented by the state agency. (C) It is the specific responsibility of the director of each state agency covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the class specification; (9) (A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a class specification has not been written. (B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter; (10) To revise, as necessary, the class specification of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs; (11) To administer and maintain a system for the evaluation of employee performance effectiveness; (12) To provide assistance to state agencies in identifying, developing, and maintaining training and resource programs; (13) To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government; (14) To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council; and (15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies.

(1) To determine that each position of a state agency affected by this subchapter is allocated to a class having a written class specification based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties;

(2) To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter;

(3) To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by it;

(4) (A) To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification. (B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency;

(A) To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification.

(B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency;

(5) (A) To review all class specifications and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions. (B) When necessary, the Office of Personnel Management shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems. (C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;

(A) To review all class specifications and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.

(B) When necessary, the Office of Personnel Management shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.

(C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;

(6) To develop and implement uniform personnel policies and procedures;

(7) (A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the class specification but who have other job-related qualifications which might be validly substituted for the class requirements. (B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the class specification without the necessity for the revision of the class requirements. (C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the class specification but who have other job-related qualifications which might be validly substituted for the class requirements.

(B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the class specification without the necessity for the revision of the class requirements.

(C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(8) (A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade. (B) Unqualified appointments shall be reported by the Office of Personnel Management to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken: (i) Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review; (ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or (iii) Corrective action has been documented by the state agency. (C) It is the specific responsibility of the director of each state agency covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the class specification;

(A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade.

(B) Unqualified appointments shall be reported by the Office of Personnel Management to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken: (i) Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review; (ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or (iii) Corrective action has been documented by the state agency.

(i) Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review;

(ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or

(iii) Corrective action has been documented by the state agency.

(C) It is the specific responsibility of the director of each state agency covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the class specification;

(9) (A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a class specification has not been written. (B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;

(A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a class specification has not been written.

(B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;

(10) To revise, as necessary, the class specification of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs;

(11) To administer and maintain a system for the evaluation of employee performance effectiveness;

(12) To provide assistance to state agencies in identifying, developing, and maintaining training and resource programs;

(13) To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government;

(14) To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council; and

(15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies.

(b) In order to ensure and provide for the accuracy and efficiency of this subchapter and to provide for an efficient and equitable system of personnel management, the Office of Personnel Management, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is directed to: (1) Study on a continuing basis and modify and revise when necessary the current classifications, the class specifications, minimum requirements, and other requirements; (2) Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists; (3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and (4) Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter.

(1) Study on a continuing basis and modify and revise when necessary the current classifications, the class specifications, minimum requirements, and other requirements;

(2) Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists;

(3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and

(4) Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter.

Amended by Act 2019, No. 981,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 365,§ 12, eff. 7/1/2017.

Acts 1969, No. 199, § 6; 1973, No. 873, §§ 1, 5, 6; 1975, No. 932, § 3; 1979, No. 828, § 3; 1981, No. 650, § 3; 1981, No. 695, § 3; 1983, No. 931, § 3; 1985, No. 981, § 3; A.S.A. 1947, §§ 12-3206, 12-3206.1; Acts 1989, No. 793, § 6; 1991, No. 1148, § 2; 2005, No. 1962, § 98; 2009, No. 688, § 5.
Ark. Code Ann. § 21-2-704 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-704
Establishment - Scope of coverage
Status: in_force

(a) There is established the Self-Insured Fidelity Bond Program for the State of Arkansas and the counties, municipalities, and school districts of this state, to be administered by the Governmental Bonding Board. (b) (1) The fidelity bond coverage provided by the program shall cover direct pecuniary losses sustained by a participating governmental entity only when the loss is sustained through any fraudulent or dishonest act or acts committed by any official or employee of the participating governmental entity acting alone or in collusion with another, during the bond period to an amount not exceeding the lesser of three hundred thousand dollars ($300,000) or the amount of the bond. (2) Coverage for loss of property other than money and securities, the loss of which is caused by theft or by a dishonest or fraudulent act or acts, shall be limited to the actual cash value of the property on the day the loss was discovered. (3) No coverage shall be provided for any claim in which a participating governmental entity through fraudulent means takes money or other property from another participating governmental entity. (c) This coverage shall not include compensatory, punitive, or exemplary damages, and no interest or penalty amounts shall accrue on a bond claim made pursuant to this subchapter including, but not limited to, investigative expenses, legal fees, or court costs. (d) The fidelity bond coverage provided by the program shall not cover a loss sustained by a participating governmental entity as a result of: (1) Liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify an official or employee from or against liability incurred by the official or employee in the performance of duties; (2) Damages for which the participating governmental entity is legally liable as a result of: (A) The deprivation or violation of a civil right of any person by an official or employee; or (B) The tortious conduct of an official or employee, except conversion of property of another party held by the participating governmental entity in any capacity; or (3) Loss of property other than money and securities unless the participating governmental entity or Arkansas Legislative Audit shall be able to designate the specific official or employee causing such loss. (e) Fidelity bond coverage shall not cover a loss sustained by any party other than a participating governmental entity. (f) Except as provided in subdivision (d)(3) of this section, in case of a loss alleged to have been caused to a participating governmental entity through any fraudulent or dishonest act or acts by an official or employee covered under the fidelity bond coverage afforded under the provisions of this subchapter, when the participating governmental entity or Arkansas Legislative Audit shall be unable to designate the specific official or employee causing the loss, the participating governmental entity shall nevertheless have the benefit of fidelity bond coverage. (g) (1) For valid coverage under the program, each participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year. (2) (A) If a participating governmental entity, or covered segment or component of the participating governmental entity, is not audited by Arkansas Legislative Audit, the participating governmental entity, or covered segment or component of the participating governmental entity, shall procure an audit of its books and records by accountants in good standing with the Arkansas State Board of Public Accountancy in accordance with government auditing standards issued by the Comptroller General of the United States. (B) The audit must be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year. (3) All audit reports revealing or disclosing unauthorized expenditures, asset shortages, or unaccounted-for funds shall be forwarded immediately upon completion to Arkansas Legislative Audit, the State Risk Manager, and the appropriate prosecuting attorney. Amended by Act 2023, No. 826,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 367,§ 4, eff. 7/28/2021. Acts 1987, No. 728, §§ 3-5; 1993, No. 319, § 2; 1995, No. 339, § 1; 2001, No. 1383, § 1; 2005, No. 506, § 2; 2007, No. 425, § 1.

(a) There is established the Self-Insured Fidelity Bond Program for the State of Arkansas and the counties, municipalities, and school districts of this state, to be administered by the Governmental Bonding Board.

(b) (1) The fidelity bond coverage provided by the program shall cover direct pecuniary losses sustained by a participating governmental entity only when the loss is sustained through any fraudulent or dishonest act or acts committed by any official or employee of the participating governmental entity acting alone or in collusion with another, during the bond period to an amount not exceeding the lesser of three hundred thousand dollars ($300,000) or the amount of the bond. (2) Coverage for loss of property other than money and securities, the loss of which is caused by theft or by a dishonest or fraudulent act or acts, shall be limited to the actual cash value of the property on the day the loss was discovered. (3) No coverage shall be provided for any claim in which a participating governmental entity through fraudulent means takes money or other property from another participating governmental entity.

(1) The fidelity bond coverage provided by the program shall cover direct pecuniary losses sustained by a participating governmental entity only when the loss is sustained through any fraudulent or dishonest act or acts committed by any official or employee of the participating governmental entity acting alone or in collusion with another, during the bond period to an amount not exceeding the lesser of three hundred thousand dollars ($300,000) or the amount of the bond.

(2) Coverage for loss of property other than money and securities, the loss of which is caused by theft or by a dishonest or fraudulent act or acts, shall be limited to the actual cash value of the property on the day the loss was discovered.

(3) No coverage shall be provided for any claim in which a participating governmental entity through fraudulent means takes money or other property from another participating governmental entity.

(c) This coverage shall not include compensatory, punitive, or exemplary damages, and no interest or penalty amounts shall accrue on a bond claim made pursuant to this subchapter including, but not limited to, investigative expenses, legal fees, or court costs.

(d) The fidelity bond coverage provided by the program shall not cover a loss sustained by a participating governmental entity as a result of: (1) Liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify an official or employee from or against liability incurred by the official or employee in the performance of duties; (2) Damages for which the participating governmental entity is legally liable as a result of: (A) The deprivation or violation of a civil right of any person by an official or employee; or (B) The tortious conduct of an official or employee, except conversion of property of another party held by the participating governmental entity in any capacity; or (3) Loss of property other than money and securities unless the participating governmental entity or Arkansas Legislative Audit shall be able to designate the specific official or employee causing such loss.

(1) Liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify an official or employee from or against liability incurred by the official or employee in the performance of duties;

(2) Damages for which the participating governmental entity is legally liable as a result of: (A) The deprivation or violation of a civil right of any person by an official or employee; or (B) The tortious conduct of an official or employee, except conversion of property of another party held by the participating governmental entity in any capacity; or

(A) The deprivation or violation of a civil right of any person by an official or employee; or

(B) The tortious conduct of an official or employee, except conversion of property of another party held by the participating governmental entity in any capacity; or

(3) Loss of property other than money and securities unless the participating governmental entity or Arkansas Legislative Audit shall be able to designate the specific official or employee causing such loss.

(e) Fidelity bond coverage shall not cover a loss sustained by any party other than a participating governmental entity.

(f) Except as provided in subdivision (d)(3) of this section, in case of a loss alleged to have been caused to a participating governmental entity through any fraudulent or dishonest act or acts by an official or employee covered under the fidelity bond coverage afforded under the provisions of this subchapter, when the participating governmental entity or Arkansas Legislative Audit shall be unable to designate the specific official or employee causing the loss, the participating governmental entity shall nevertheless have the benefit of fidelity bond coverage.

(g) (1) For valid coverage under the program, each participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year. (2) (A) If a participating governmental entity, or covered segment or component of the participating governmental entity, is not audited by Arkansas Legislative Audit, the participating governmental entity, or covered segment or component of the participating governmental entity, shall procure an audit of its books and records by accountants in good standing with the Arkansas State Board of Public Accountancy in accordance with government auditing standards issued by the Comptroller General of the United States. (B) The audit must be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year. (3) All audit reports revealing or disclosing unauthorized expenditures, asset shortages, or unaccounted-for funds shall be forwarded immediately upon completion to Arkansas Legislative Audit, the State Risk Manager, and the appropriate prosecuting attorney.

(1) For valid coverage under the program, each participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year.

(2) (A) If a participating governmental entity, or covered segment or component of the participating governmental entity, is not audited by Arkansas Legislative Audit, the participating governmental entity, or covered segment or component of the participating governmental entity, shall procure an audit of its books and records by accountants in good standing with the Arkansas State Board of Public Accountancy in accordance with government auditing standards issued by the Comptroller General of the United States. (B) The audit must be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.

(A) If a participating governmental entity, or covered segment or component of the participating governmental entity, is not audited by Arkansas Legislative Audit, the participating governmental entity, or covered segment or component of the participating governmental entity, shall procure an audit of its books and records by accountants in good standing with the Arkansas State Board of Public Accountancy in accordance with government auditing standards issued by the Comptroller General of the United States.

(B) The audit must be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.

(3) All audit reports revealing or disclosing unauthorized expenditures, asset shortages, or unaccounted-for funds shall be forwarded immediately upon completion to Arkansas Legislative Audit, the State Risk Manager, and the appropriate prosecuting attorney.

Amended by Act 2023, No. 826,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 367,§ 4, eff. 7/28/2021.

Acts 1987, No. 728, §§ 3-5; 1993, No. 319, § 2; 1995, No. 339, § 1; 2001, No. 1383, § 1; 2005, No. 506, § 2; 2007, No. 425, § 1.
Ark. Code Ann. § 21-5-224 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-224
Extra help positions
Status: in_force

(a) (1) A position authorized as extra help in a state agency shall be assigned an authorized classification by the agency, and any person hired in an extra help position shall meet the minimum qualifications and any other requirements set by the official class specification of the classification assigned to the position. (2) The rates of pay for extra help employees shall be set in accordance with and shall not exceed those provided in this subchapter, or its successor, for the appropriate classification. (3) Extra help employees of state agencies shall not exceed one thousand five hundred (1,500) hours per fiscal year as set out in § 19-4-521 . (b) The salary eligibility for an employee transferring or returning from an extra help position to a regular position shall be determined in the same manner as established for newly hired employees. (c) A former employee from a state agency, board, or commission who is rehired in an extra-help position is ineligible for benefits except holiday pay and as authorized by the Office of Personnel Management. (d) A Department of the Military employee hired in an extra help position located at Robinson Maneuver Training Center or Fort Chaffee Joint Maneuver Training Center shall not: (1) Receive pay in an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position under this subchapter; and (2) Be employed for a period of time to exceed one thousand eight hundred (1,800) hours per fiscal year. Amended by Act 2023, No. 284,§ 18, eff. 7/1/2023. Amended by Act 2017, No. 365,§ 22, eff. 7/1/2017. Amended by Act 2013, No. 1321,§ 5, eff. 7/1/2013. Acts 2009, No. 688, § 13; 2011, No. 1017, § 8.

(a) (1) A position authorized as extra help in a state agency shall be assigned an authorized classification by the agency, and any person hired in an extra help position shall meet the minimum qualifications and any other requirements set by the official class specification of the classification assigned to the position. (2) The rates of pay for extra help employees shall be set in accordance with and shall not exceed those provided in this subchapter, or its successor, for the appropriate classification. (3) Extra help employees of state agencies shall not exceed one thousand five hundred (1,500) hours per fiscal year as set out in § 19-4-521 .

(1) A position authorized as extra help in a state agency shall be assigned an authorized classification by the agency, and any person hired in an extra help position shall meet the minimum qualifications and any other requirements set by the official class specification of the classification assigned to the position.

(2) The rates of pay for extra help employees shall be set in accordance with and shall not exceed those provided in this subchapter, or its successor, for the appropriate classification.

(3) Extra help employees of state agencies shall not exceed one thousand five hundred (1,500) hours per fiscal year as set out in § 19-4-521 .

(b) The salary eligibility for an employee transferring or returning from an extra help position to a regular position shall be determined in the same manner as established for newly hired employees.

(c) A former employee from a state agency, board, or commission who is rehired in an extra-help position is ineligible for benefits except holiday pay and as authorized by the Office of Personnel Management.

(d) A Department of the Military employee hired in an extra help position located at Robinson Maneuver Training Center or Fort Chaffee Joint Maneuver Training Center shall not: (1) Receive pay in an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position under this subchapter; and (2) Be employed for a period of time to exceed one thousand eight hundred (1,800) hours per fiscal year.

(1) Receive pay in an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position under this subchapter; and

(2) Be employed for a period of time to exceed one thousand eight hundred (1,800) hours per fiscal year.

Amended by Act 2023, No. 284,§ 18, eff. 7/1/2023.

Amended by Act 2017, No. 365,§ 22, eff. 7/1/2017.

Amended by Act 2013, No. 1321,§ 5, eff. 7/1/2013.

Acts 2009, No. 688, § 13; 2011, No. 1017, § 8.
Ark. Code Ann. § 21-4-306 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-306
Circuit court judges
Status: in_force

(a) Whenever a judge of a circuit court shall volunteer or be called into the military service of the United States, the office shall be filled during such leave of absence by the election of an emergency circuit judge by a majority of all regular licensed and practicing attorneys of the judicial district in attendance at a meeting to be called by the circuit judge, after due notice to the attorneys. (b) The emergency circuit judge shall hold and discharge the duties of the office until such time as the regularly elected circuit judge shall reassume the office and shall be vested with all the powers and charged with all the duties incident to the office. (c) The emergency circuit judge shall be compensated in the same manner and amount as provided by law to the regularly elected circuit judge holding such office. Acts 1943, No. 247, § 8; A.S.A. 1947, § 12-2308.

(a) Whenever a judge of a circuit court shall volunteer or be called into the military service of the United States, the office shall be filled during such leave of absence by the election of an emergency circuit judge by a majority of all regular licensed and practicing attorneys of the judicial district in attendance at a meeting to be called by the circuit judge, after due notice to the attorneys.

(b) The emergency circuit judge shall hold and discharge the duties of the office until such time as the regularly elected circuit judge shall reassume the office and shall be vested with all the powers and charged with all the duties incident to the office.

(c) The emergency circuit judge shall be compensated in the same manner and amount as provided by law to the regularly elected circuit judge holding such office.

Acts 1943, No. 247, § 8; A.S.A. 1947, § 12-2308.
Ark. Code Ann. § 21-1-604 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-604
Civil liability - Definition
Status: in_force

(a) A public employee who alleges a violation of this subchapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) calendar days after the occurrence of the alleged violation of this subchapter. (b) An action commenced under this section may be brought in the circuit court for the county where the alleged violation occurred, for the county where the complainant resides, or in the Pulaski County Circuit Court if the complaint is filed against an agency, department, or institution of state government. (c) To prevail in an action brought under the authority of this section, the public employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee or a person acting on his or her behalf engaged or intended to engage in an activity protected under this subchapter. (d) As used in this section, "damages" means damages for a job-related injury or loss caused by each violation of this subchapter, including, but not limited to, fringe benefits, retirement service credit, compensation for lost wages, benefits, and any other remuneration, and reasonable court costs and attorney's fees. (e) (1) A public employer shall have an affirmative defense to a civil action brought by a public employee under this subchapter if the adverse action taken against a public employee was due to employee misconduct, poor job performance, or a reduction in workforce unrelated to a communication made pursuant to § 21-1-603 . (2) The public employer must prove the existence of the public employee's misconduct unrelated to the communication by a preponderance of the evidence. (f) (1) In the event the Office of Personnel Management implements an employee grievance mediation program, a public employee or public employer may voluntarily participate in mediation under the office's mediation program if either one wishes to resolve a dispute between them that involves an adverse action taken against the public employee. (2) Voluntary mediation shall occur before a civil action in which the public employee and public employer are parties has been initiated in a court. (3) The Secretary of the Department of Transformation and Shared Services shall adopt voluntary mediation application and request forms. Amended by Act 2019, No. 910,§ 6121, eff. 7/1/2019. Acts 1999, No. 1523, § 4.

(a) A public employee who alleges a violation of this subchapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) calendar days after the occurrence of the alleged violation of this subchapter.

(b) An action commenced under this section may be brought in the circuit court for the county where the alleged violation occurred, for the county where the complainant resides, or in the Pulaski County Circuit Court if the complaint is filed against an agency, department, or institution of state government.

(c) To prevail in an action brought under the authority of this section, the public employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee or a person acting on his or her behalf engaged or intended to engage in an activity protected under this subchapter.

(d) As used in this section, "damages" means damages for a job-related injury or loss caused by each violation of this subchapter, including, but not limited to, fringe benefits, retirement service credit, compensation for lost wages, benefits, and any other remuneration, and reasonable court costs and attorney's fees.

(e) (1) A public employer shall have an affirmative defense to a civil action brought by a public employee under this subchapter if the adverse action taken against a public employee was due to employee misconduct, poor job performance, or a reduction in workforce unrelated to a communication made pursuant to § 21-1-603 . (2) The public employer must prove the existence of the public employee's misconduct unrelated to the communication by a preponderance of the evidence.

(1) A public employer shall have an affirmative defense to a civil action brought by a public employee under this subchapter if the adverse action taken against a public employee was due to employee misconduct, poor job performance, or a reduction in workforce unrelated to a communication made pursuant to § 21-1-603 .

(2) The public employer must prove the existence of the public employee's misconduct unrelated to the communication by a preponderance of the evidence.

(f) (1) In the event the Office of Personnel Management implements an employee grievance mediation program, a public employee or public employer may voluntarily participate in mediation under the office's mediation program if either one wishes to resolve a dispute between them that involves an adverse action taken against the public employee. (2) Voluntary mediation shall occur before a civil action in which the public employee and public employer are parties has been initiated in a court. (3) The Secretary of the Department of Transformation and Shared Services shall adopt voluntary mediation application and request forms.

(1) In the event the Office of Personnel Management implements an employee grievance mediation program, a public employee or public employer may voluntarily participate in mediation under the office's mediation program if either one wishes to resolve a dispute between them that involves an adverse action taken against the public employee.

(2) Voluntary mediation shall occur before a civil action in which the public employee and public employer are parties has been initiated in a court.

(3) The Secretary of the Department of Transformation and Shared Services shall adopt voluntary mediation application and request forms.

Amended by Act 2019, No. 910,§ 6121, eff. 7/1/2019.

Acts 1999, No. 1523, § 4.
Ark. Code Ann. § 21-5-506 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-506
Administration of programs
Status: in_force

(a) (1) The administration of the state government employees' deferred compensation program shall be under the direction of the Director of the Employee Benefits Division. (2) Administration of other deferred compensation programs authorized by this subchapter shall be under the direction of the appropriate officer designated by the county, city, town, or other political subdivision. (b) The administrator of the deferred compensation program is authorized and empowered to promulgate any and all rules deemed necessary to carry out the intent and purposes of this subchapter. (c) Deferrals of compensation shall be made in each instance by the appropriate disbursing officer and shall be paid over to an annuity contract or to a trust or custodial account maintained for the deferred compensation program without unreasonable delay. (d) The administrator of the deferred compensation program may contract with a private corporation or institution for providing trust, custodial, investment, record keeping, legal, accounting, and other administrative services, and the cost of such services may be paid from the assets of the deferred compensation program. Amended by Act 2019, No. 315,§ 2324, eff. 7/24/2019. Acts 1975, No. 669, § 3; 1977, No. 937, § 2; A.S.A. 1947, § 12-1620; Acts 1999, No. 1280, § 14; 2001, No. 1596, § 2.

(a) (1) The administration of the state government employees' deferred compensation program shall be under the direction of the Director of the Employee Benefits Division. (2) Administration of other deferred compensation programs authorized by this subchapter shall be under the direction of the appropriate officer designated by the county, city, town, or other political subdivision.

(1) The administration of the state government employees' deferred compensation program shall be under the direction of the Director of the Employee Benefits Division.

(2) Administration of other deferred compensation programs authorized by this subchapter shall be under the direction of the appropriate officer designated by the county, city, town, or other political subdivision.

(b) The administrator of the deferred compensation program is authorized and empowered to promulgate any and all rules deemed necessary to carry out the intent and purposes of this subchapter.

(c) Deferrals of compensation shall be made in each instance by the appropriate disbursing officer and shall be paid over to an annuity contract or to a trust or custodial account maintained for the deferred compensation program without unreasonable delay.

(d) The administrator of the deferred compensation program may contract with a private corporation or institution for providing trust, custodial, investment, record keeping, legal, accounting, and other administrative services, and the cost of such services may be paid from the assets of the deferred compensation program.

Amended by Act 2019, No. 315,§ 2324, eff. 7/24/2019.

Acts 1975, No. 669, § 3; 1977, No. 937, § 2; A.S.A. 1947, § 12-1620; Acts 1999, No. 1280, § 14; 2001, No. 1596, § 2.