Ark. Code Ann. § 21-8-1004 — AR Code / Title 21 / Chapter 8 / Subchapter 10 / Section 21-8-1004
Penalties - Investigation by Arkansas Ethics Commission
Status: in_force

(a) In addition to any penalty contained in any other provision of law, any member of a state board or commission or board member of an entity receiving state funds who knowingly and intentionally violates any of the provisions of this subchapter may be removed from office by the appointing authority. (b) The Arkansas Ethics Commission may investigate complaints alleging a violation of this subchapter and may make recommendations to the appointing authority. Acts 1995, No. 1123, § 2; 2001, No. 1244, § 5.

(a) In addition to any penalty contained in any other provision of law, any member of a state board or commission or board member of an entity receiving state funds who knowingly and intentionally violates any of the provisions of this subchapter may be removed from office by the appointing authority.

(b) The Arkansas Ethics Commission may investigate complaints alleging a violation of this subchapter and may make recommendations to the appointing authority.

Acts 1995, No. 1123, § 2; 2001, No. 1244, § 5.
Ark. Code Ann. § 21-5-1408 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1408
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-4-214 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-214
Catastrophic leave program
Status: in_force

(a) (1) The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program. (2) (A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management. (B) The following governmental entities may establish a catastrophic leave bank for the governmental entities' employees: (i) The General Assembly; (ii) The Bureau of Legislative Research; (iii) Arkansas Legislative Audit; (iv) The Arkansas Department of Transportation; (v) The Arkansas State Game and Fish Commission; (vi) The Supreme Court; (vii) The Court of Appeals; (viii) The Administrative Office of the Courts; (ix) A constitutional office; and (x) An institution of higher education. (b) Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank. (c) Catastrophic leave with pay may be granted to an employee when the employee is unable to perform his or her duties due to a catastrophic illness, including maternity purposes. (d) An employee may be eligible for catastrophic leave when: (1) (A) The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more. (B) A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if: (i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and (ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months; (2) The employee is female, and the catastrophic leave is to be used for maternity purposes after: (A) The birth of the employee's biological child; (B) The placement of an adoptive child under one (1) year of age in the home of the employee; or (C) The foster placement of an infant under one (1) year of age; (3) (A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section. (B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section; (C) (i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave. (ii) An employee on catastrophic leave for maternity purposes does not accrue any leave; (4) An acceptable medical certificate from a physician supporting the continued absence is on file; and (5) The employee has not been disciplined for any leave abuse during the past year from the time of application. (e) (1) Up to twelve (12) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes. (2) The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth, fostering, or adoption of a child. (3) After the expiration of the twelve (12) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under § 21-4-209 . (4) Catastrophic leave for maternity purposes shall run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3. (5) The employee shall not be eligible for an additional twelve (12) weeks of leave for the adoption of a child if the employee took twelve (12) weeks of leave after the initial foster placement of the same child into the employee's home. (f) If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury. (g) The Secretary of the Department of Transformation and Shared Services, or the secretary's designee, shall establish policies and procedures: (1) As deemed necessary to carry out the provisions of this section; and (2) To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave. Amended by Act 2023, No. 770,§ 3, eff. 4/12/2023. Amended by Act 2023, No. 770,§ 2, eff. 4/12/2023. Amended by Act 2023, No. 770,§ 1, eff. 4/12/2023. Amended by Act 2021, No. 573,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 390,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 390,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6124, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6123, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3495, eff. 7/1/2019. Amended by Act 2017, No. 182,§ 4, eff. 2/16/2017. Acts 1991, No. 91, § 2; 1991, No. 169, § 2; 1999, No. 1176, § 4; 2003, No. 194, §§ 1, 2; 2009, No. 870, § 1.

(a) (1) The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program. (2) (A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management. (B) The following governmental entities may establish a catastrophic leave bank for the governmental entities' employees: (i) The General Assembly; (ii) The Bureau of Legislative Research; (iii) Arkansas Legislative Audit; (iv) The Arkansas Department of Transportation; (v) The Arkansas State Game and Fish Commission; (vi) The Supreme Court; (vii) The Court of Appeals; (viii) The Administrative Office of the Courts; (ix) A constitutional office; and (x) An institution of higher education.

(1) The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program.

(2) (A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management. (B) The following governmental entities may establish a catastrophic leave bank for the governmental entities' employees: (i) The General Assembly; (ii) The Bureau of Legislative Research; (iii) Arkansas Legislative Audit; (iv) The Arkansas Department of Transportation; (v) The Arkansas State Game and Fish Commission; (vi) The Supreme Court; (vii) The Court of Appeals; (viii) The Administrative Office of the Courts; (ix) A constitutional office; and (x) An institution of higher education.

(A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management.

(B) The following governmental entities may establish a catastrophic leave bank for the governmental entities' employees: (i) The General Assembly; (ii) The Bureau of Legislative Research; (iii) Arkansas Legislative Audit; (iv) The Arkansas Department of Transportation; (v) The Arkansas State Game and Fish Commission; (vi) The Supreme Court; (vii) The Court of Appeals; (viii) The Administrative Office of the Courts; (ix) A constitutional office; and (x) An institution of higher education.

(i) The General Assembly;

(ii) The Bureau of Legislative Research;

(iii) Arkansas Legislative Audit;

(iv) The Arkansas Department of Transportation;

(v) The Arkansas State Game and Fish Commission;

(vi) The Supreme Court;

(vii) The Court of Appeals;

(viii) The Administrative Office of the Courts;

(ix) A constitutional office; and

(x) An institution of higher education.

(b) Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.

(c) Catastrophic leave with pay may be granted to an employee when the employee is unable to perform his or her duties due to a catastrophic illness, including maternity purposes.

(d) An employee may be eligible for catastrophic leave when: (1) (A) The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more. (B) A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if: (i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and (ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months; (2) The employee is female, and the catastrophic leave is to be used for maternity purposes after: (A) The birth of the employee's biological child; (B) The placement of an adoptive child under one (1) year of age in the home of the employee; or (C) The foster placement of an infant under one (1) year of age; (3) (A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section. (B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section; (C) (i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave. (ii) An employee on catastrophic leave for maternity purposes does not accrue any leave; (4) An acceptable medical certificate from a physician supporting the continued absence is on file; and (5) The employee has not been disciplined for any leave abuse during the past year from the time of application.

(1) (A) The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more. (B) A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if: (i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and (ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months;

(A) The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more.

(B) A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if: (i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and (ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months;

(i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and

(ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months;

(2) The employee is female, and the catastrophic leave is to be used for maternity purposes after: (A) The birth of the employee's biological child; (B) The placement of an adoptive child under one (1) year of age in the home of the employee; or (C) The foster placement of an infant under one (1) year of age;

(A) The birth of the employee's biological child;

(B) The placement of an adoptive child under one (1) year of age in the home of the employee; or

(C) The foster placement of an infant under one (1) year of age;

(3) (A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section. (B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section; (C) (i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave. (ii) An employee on catastrophic leave for maternity purposes does not accrue any leave;

(A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section.

(B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section;

(C) (i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave. (ii) An employee on catastrophic leave for maternity purposes does not accrue any leave;

(i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave.

(ii) An employee on catastrophic leave for maternity purposes does not accrue any leave;

(4) An acceptable medical certificate from a physician supporting the continued absence is on file; and

(5) The employee has not been disciplined for any leave abuse during the past year from the time of application.

(e) (1) Up to twelve (12) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes. (2) The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth, fostering, or adoption of a child. (3) After the expiration of the twelve (12) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under § 21-4-209 . (4) Catastrophic leave for maternity purposes shall run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3. (5) The employee shall not be eligible for an additional twelve (12) weeks of leave for the adoption of a child if the employee took twelve (12) weeks of leave after the initial foster placement of the same child into the employee's home.

(1) Up to twelve (12) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes.

(2) The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth, fostering, or adoption of a child.

(3) After the expiration of the twelve (12) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under § 21-4-209 .

(4) Catastrophic leave for maternity purposes shall run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3.

(5) The employee shall not be eligible for an additional twelve (12) weeks of leave for the adoption of a child if the employee took twelve (12) weeks of leave after the initial foster placement of the same child into the employee's home.

(f) If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.

(g) The Secretary of the Department of Transformation and Shared Services, or the secretary's designee, shall establish policies and procedures: (1) As deemed necessary to carry out the provisions of this section; and (2) To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave.

(1) As deemed necessary to carry out the provisions of this section; and

(2) To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave.

Amended by Act 2023, No. 770,§ 3, eff. 4/12/2023.

Amended by Act 2023, No. 770,§ 2, eff. 4/12/2023.

Amended by Act 2023, No. 770,§ 1, eff. 4/12/2023.

Amended by Act 2021, No. 573,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 390,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 390,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6124, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6123, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3495, eff. 7/1/2019.

Amended by Act 2017, No. 182,§ 4, eff. 2/16/2017.

Acts 1991, No. 91, § 2; 1991, No. 169, § 2; 1999, No. 1176, § 4; 2003, No. 194, §§ 1, 2; 2009, No. 870, § 1.
Ark. Code Ann. § 21-5-603 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-603
Definitions
Status: in_force

(a) The term "public employee", as used in this subchapter, includes: (1) State employees and officers of any state agency, board, commission, department, institution, college, university, or community college receiving an appropriation for regular salaries, extra help, or authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly, provided that inmates of state correctional facilities who perform work for the state while incarcerated or while on a work-release program shall not be considered state employees; (2) Public school employees and officers of the various school districts of this state; (3) (A) Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities. (B) However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; (4) (A) County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees. (B) However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and (5) Emergency services volunteer workers duly qualified and registered as provided in § 12-75-129 when such emergency services volunteer workers are acting subject to the order, control, or pursuant to a request of, and under the supervision and instruction of the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency service volunteer workers. (b) The term "public employer", as used in this subchapter, means: (1) Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly; (2) (A) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas. (B) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter. (C) Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter; (3) (A) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas. (B) However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter; (4) Any of the various school districts in the State of Arkansas; and (5) The Division of Emergency Management and any local government unit making use of emergency service volunteer workers. (c) The term "reserve value", as used in this subchapter, means the present value of all payments to be made to or on behalf of any public employee claimant based upon such reasonable tables of experience and regular interest as the Director of the Public Employee Claims Division shall adopt from time to time. (d) The term "director", as used in this subchapter, shall refer to the Director of the Public Employee Claims Division. Acts 1979, No. 809, § 1; 1981, No. 929, §§ 1, 2; A.S.A. 1947, § 12-3601; Acts 1993, No. 901, § 4; 1999, No. 646, §§ 63, 64.

(a) The term "public employee", as used in this subchapter, includes: (1) State employees and officers of any state agency, board, commission, department, institution, college, university, or community college receiving an appropriation for regular salaries, extra help, or authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly, provided that inmates of state correctional facilities who perform work for the state while incarcerated or while on a work-release program shall not be considered state employees; (2) Public school employees and officers of the various school districts of this state; (3) (A) Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities. (B) However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; (4) (A) County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees. (B) However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and (5) Emergency services volunteer workers duly qualified and registered as provided in § 12-75-129 when such emergency services volunteer workers are acting subject to the order, control, or pursuant to a request of, and under the supervision and instruction of the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency service volunteer workers.

(1) State employees and officers of any state agency, board, commission, department, institution, college, university, or community college receiving an appropriation for regular salaries, extra help, or authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly, provided that inmates of state correctional facilities who perform work for the state while incarcerated or while on a work-release program shall not be considered state employees;

(2) Public school employees and officers of the various school districts of this state;

(3) (A) Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities. (B) However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter;

(A) Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities.

(B) However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter;

(4) (A) County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees. (B) However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and

(A) County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees.

(B) However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and

(5) Emergency services volunteer workers duly qualified and registered as provided in § 12-75-129 when such emergency services volunteer workers are acting subject to the order, control, or pursuant to a request of, and under the supervision and instruction of the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency service volunteer workers.

(b) The term "public employer", as used in this subchapter, means: (1) Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly; (2) (A) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas. (B) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter. (C) Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter; (3) (A) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas. (B) However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter; (4) Any of the various school districts in the State of Arkansas; and (5) The Division of Emergency Management and any local government unit making use of emergency service volunteer workers.

(1) Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly;

(2) (A) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas. (B) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter. (C) Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter;

(A) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas.

(B) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter.

(C) Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter;

(3) (A) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas. (B) However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter;

(A) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas.

(B) However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter;

(4) Any of the various school districts in the State of Arkansas; and

(5) The Division of Emergency Management and any local government unit making use of emergency service volunteer workers.

(c) The term "reserve value", as used in this subchapter, means the present value of all payments to be made to or on behalf of any public employee claimant based upon such reasonable tables of experience and regular interest as the Director of the Public Employee Claims Division shall adopt from time to time.

(d) The term "director", as used in this subchapter, shall refer to the Director of the Public Employee Claims Division.

Acts 1979, No. 809, § 1; 1981, No. 929, §§ 1, 2; A.S.A. 1947, § 12-3601; Acts 1993, No. 901, § 4; 1999, No. 646, §§ 63, 64.
Ark. Code Ann. § 21-14-202 — AR Code / Title 21 / Chapter 14 / Subchapter 2 / Section 21-14-202
Use of facsimile signatures and seals authorized - Filing required
Status: in_force

Any notary public may affix a notary certificate bearing the notary public's facsimile signature and facsimile seal in lieu of the notary public's manual signature and rubber or embossed seal in blue or black ink on a commercial document, after filing with the Secretary of State: (1) The notary public's manual signature certified by the notary public under oath; (2) A general description of the types of commercial documents to be notarized by facsimile signature and seal; (3) The name and manual signature of any other person or persons signing the commercial documents by manual or facsimile signature; and (4) The written consent of any other person or persons signing the commercial documents to the use of the notary public's facsimile signature and facsimile seal on the commercial documents. Amended by Act 2013, No. 492,§ 6, eff. 8/16/2013. Acts 1995, No. 200, § 1.

Any notary public may affix a notary certificate bearing the notary public's facsimile signature and facsimile seal in lieu of the notary public's manual signature and rubber or embossed seal in blue or black ink on a commercial document, after filing with the Secretary of State:

(1) The notary public's manual signature certified by the notary public under oath;

(2) A general description of the types of commercial documents to be notarized by facsimile signature and seal;

(3) The name and manual signature of any other person or persons signing the commercial documents by manual or facsimile signature; and

(4) The written consent of any other person or persons signing the commercial documents to the use of the notary public's facsimile signature and facsimile seal on the commercial documents.

Amended by Act 2013, No. 492,§ 6, eff. 8/16/2013.

Acts 1995, No. 200, § 1.
Ark. Code Ann. § 21-14-113 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-113
Notice of revocation - Appeal
Status: in_force

(a) If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation. (b) (1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected. (2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation and the written notice of revocation. (c) The court may summarily order the Secretary of State to reinstate the notary public or take other action the court considers appropriate. (d) The court's final decision may be appealed as in other civil proceedings. Acts 1999, No. 1187, § 2.

(a) If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation.

(b) (1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected. (2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation and the written notice of revocation.

(1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected.

(2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation and the written notice of revocation.

(c) The court may summarily order the Secretary of State to reinstate the notary public or take other action the court considers appropriate.

(d) The court's final decision may be appealed as in other civil proceedings.

Acts 1999, No. 1187, § 2.
Ark. Code Ann. § 21-5-702 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-702
Jurisdiction of Arkansas State Claims Commission regarding claims filed under subchapter
Status: in_force

(a) The Arkansas State Claims Commission is vested with exclusive jurisdiction of, or authority with respect to, all claims filed against the state under this subchapter. (b) The commission shall make a determination as to whether a death or total and permanent disability was or was not in the official line of duty. Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 2.

(a) The Arkansas State Claims Commission is vested with exclusive jurisdiction of, or authority with respect to, all claims filed against the state under this subchapter.

(b) The commission shall make a determination as to whether a death or total and permanent disability was or was not in the official line of duty.

Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 2.
Ark. Code Ann. § 21-4-311 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-311
Vacancy in office or position
Status: in_force

(a) Should any person appointed to fill the office or perform the duties of an employee to whom a leave of absence has been granted die, resign, or in any manner or for any cause vacate the office or position to which he or she was appointed, the Governor, or person whose duty it would be to fill the office or position if a vacancy should occur, shall select and appoint a capable and competent person to perform the duties of the office or position until the term of office or employment expires or until the official or employee appears for the purpose of resuming the office or position. (b) The appointment shall expire and terminate upon either the expiration of the term of office or employment or appearance of the official or employee for the purpose of the resumption of his or her duties. Acts 1943, No. 247, § 15; A.S.A. 1947, § 12-2315.

(a) Should any person appointed to fill the office or perform the duties of an employee to whom a leave of absence has been granted die, resign, or in any manner or for any cause vacate the office or position to which he or she was appointed, the Governor, or person whose duty it would be to fill the office or position if a vacancy should occur, shall select and appoint a capable and competent person to perform the duties of the office or position until the term of office or employment expires or until the official or employee appears for the purpose of resuming the office or position.

(b) The appointment shall expire and terminate upon either the expiration of the term of office or employment or appearance of the official or employee for the purpose of the resumption of his or her duties.

Acts 1943, No. 247, § 15; A.S.A. 1947, § 12-2315.
Ark. Code Ann. § 21-5-1001 — AR Code / Title 21 / Chapter 5 / Subchapter 10 / Section 21-5-1001
Legislative intent
Status: in_force

(a) It is the intent of the General Assembly that each state agency, board, commission, and institution of higher education evaluate the performance of its employees annually. (b) (1) State agency, board, and commission employees shall be evaluated using an instrument approved by the Office of Personnel Management. (2) Institution of higher education employees shall be evaluated using an instrument approved by the Division of Higher Education. Amended by Act 2019, No. 910,§ 2311, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 24, eff. 7/1/2017. Acts 1997, No. 899, § 1; 2001, No. 1461, § 8.

(a) It is the intent of the General Assembly that each state agency, board, commission, and institution of higher education evaluate the performance of its employees annually.

(b) (1) State agency, board, and commission employees shall be evaluated using an instrument approved by the Office of Personnel Management. (2) Institution of higher education employees shall be evaluated using an instrument approved by the Division of Higher Education.

(1) State agency, board, and commission employees shall be evaluated using an instrument approved by the Office of Personnel Management.

(2) Institution of higher education employees shall be evaluated using an instrument approved by the Division of Higher Education.

Amended by Act 2019, No. 910,§ 2311, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 24, eff. 7/1/2017.

Acts 1997, No. 899, § 1; 2001, No. 1461, § 8.
Ark. Code Ann. § 21-5-1418 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1418
[Repealed]
Status: repealed

Repealed by Act 2021, No. 496,§ 4, eff. 7/1/2021. Added by Act 2019, No. 763,§ 12, eff. 7/1/2019.

Repealed by Act 2021, No. 496,§ 4, eff. 7/1/2021.

Added by Act 2019, No. 763,§ 12, eff. 7/1/2019.
Ark. Code Ann. § 21-8-703 — AR Code / Title 21 / Chapter 8 / Subchapter 7 / Section 21-8-703
Place and manner of filing
Status: in_force

(a) The statement of financial interest shall be filed as follows: (1) State or district public servants and candidates for state or district public office required to file shall file with the Secretary of State; (2) County, township, or school district public servants and candidates for county, township, or school district public office required to file shall file with the county clerks; (3) Municipal public servants and candidates for municipal office required to file shall file with the city clerk or recorder, as the case may be; (4) All city attorneys, whether elected or appointed, shall file with the city clerk of the municipality within which they serve; (5) Members of regional boards or commissions shall file with the county clerk of the county in which they reside; and (6) District judges shall file with the Secretary of State. (b) Any report required by this subchapter shall be deemed timely filed if it is: (1) Hand-delivered to the appropriate public official on or before the date due; (2) Mailed to the appropriate public official, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due; (3) Received via facsimile by the appropriate public official on or before the date due, provided the original is received by the appropriate public official within ten (10) days of the transmission; or (4) Received by the appropriate public official in a readable electronic format which is acceptable to such public official and approved by the Arkansas Ethics Commission. Amended by Act 2017, No. 721,§ 11, eff. 8/1/2017. Amended by Act 2013, No. 475,§ 1, eff. 8/16/2013. Acts 1989, No. 719, § 3; 1999, No. 553, § 46; 2001, No. 1839, § 31.

(a) The statement of financial interest shall be filed as follows: (1) State or district public servants and candidates for state or district public office required to file shall file with the Secretary of State; (2) County, township, or school district public servants and candidates for county, township, or school district public office required to file shall file with the county clerks; (3) Municipal public servants and candidates for municipal office required to file shall file with the city clerk or recorder, as the case may be; (4) All city attorneys, whether elected or appointed, shall file with the city clerk of the municipality within which they serve; (5) Members of regional boards or commissions shall file with the county clerk of the county in which they reside; and (6) District judges shall file with the Secretary of State.

(1) State or district public servants and candidates for state or district public office required to file shall file with the Secretary of State;

(2) County, township, or school district public servants and candidates for county, township, or school district public office required to file shall file with the county clerks;

(3) Municipal public servants and candidates for municipal office required to file shall file with the city clerk or recorder, as the case may be;

(4) All city attorneys, whether elected or appointed, shall file with the city clerk of the municipality within which they serve;

(5) Members of regional boards or commissions shall file with the county clerk of the county in which they reside; and

(6) District judges shall file with the Secretary of State.

(b) Any report required by this subchapter shall be deemed timely filed if it is: (1) Hand-delivered to the appropriate public official on or before the date due; (2) Mailed to the appropriate public official, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due; (3) Received via facsimile by the appropriate public official on or before the date due, provided the original is received by the appropriate public official within ten (10) days of the transmission; or (4) Received by the appropriate public official in a readable electronic format which is acceptable to such public official and approved by the Arkansas Ethics Commission.

(1) Hand-delivered to the appropriate public official on or before the date due;

(2) Mailed to the appropriate public official, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due;

(3) Received via facsimile by the appropriate public official on or before the date due, provided the original is received by the appropriate public official within ten (10) days of the transmission; or

(4) Received by the appropriate public official in a readable electronic format which is acceptable to such public official and approved by the Arkansas Ethics Commission.

Amended by Act 2017, No. 721,§ 11, eff. 8/1/2017.

Amended by Act 2013, No. 475,§ 1, eff. 8/16/2013.

Acts 1989, No. 719, § 3; 1999, No. 553, § 46; 2001, No. 1839, § 31.
Ark. Code Ann. § 21-5-502 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-502
Applicability
Status: in_force

This subchapter shall apply to all deferred compensation plans adopted by agencies subsequent to March 28, 1970, which shall all be subject to the rules issued by the Department of Finance and Administration under the authority granted in this subchapter. Amended by Act 2019, No. 315,§ 2323, eff. 7/24/2019. Acts 1975, No. 669, § 9; 1977, No. 937, § 4; A.S.A. 1947, § 12-1626; Acts 1999, No. 1280, § 12.

This subchapter shall apply to all deferred compensation plans adopted by agencies subsequent to March 28, 1970, which shall all be subject to the rules issued by the Department of Finance and Administration under the authority granted in this subchapter.

Amended by Act 2019, No. 315,§ 2323, eff. 7/24/2019.

Acts 1975, No. 669, § 9; 1977, No. 937, § 4; A.S.A. 1947, § 12-1626; Acts 1999, No. 1280, § 12.
Ark. Code Ann. § 21-5-605 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-605
Public Employee Claims Division
Status: in_force

(a) There is created a Public Employee Claims Division within the State Insurance Department. (b) The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner. (c) The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas. (d) Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved. (e) (1) The division shall determine in every claim where compensation is awarded the reserve value of such claim. (2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period. (3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30. (f) (1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly. (2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410 . (3) (A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury. (B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410 , provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute. Acts 1979, No. 809, §§ 4, 5; 1981, No. 929, § 4; 1985, No. 285, § 1; A.S.A. 1947, §§ 12-3604, 12-3605.

(a) There is created a Public Employee Claims Division within the State Insurance Department.

(b) The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner.

(c) The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas.

(d) Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved.

(e) (1) The division shall determine in every claim where compensation is awarded the reserve value of such claim. (2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period. (3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30.

(1) The division shall determine in every claim where compensation is awarded the reserve value of such claim.

(2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period.

(3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30.

(f) (1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly. (2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410 . (3) (A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury. (B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410 , provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.

(1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly.

(2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410 .

(3) (A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury. (B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410 , provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.

(A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury.

(B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410 , provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.

Acts 1979, No. 809, §§ 4, 5; 1981, No. 929, § 4; 1985, No. 285, § 1; A.S.A. 1947, §§ 12-3604, 12-3605.
Ark. Code Ann. § 21-4-308 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-308
Employees - Leave of absence granted at discretion of employer
Status: in_force

(a) In the discretion of their employer, all employees of the state, counties, municipalities, or political subdivisions of Arkansas may be granted leave of absence under the terms of this subchapter and upon leave of absence's being granted to officials under this subchapter. (b) However, an employee shall not have the right to select or in any way control the selection of his or her successor. Acts 1943, No. 247, § 12; A.S.A. 1947, § 12-2312.

(a) In the discretion of their employer, all employees of the state, counties, municipalities, or political subdivisions of Arkansas may be granted leave of absence under the terms of this subchapter and upon leave of absence's being granted to officials under this subchapter.

(b) However, an employee shall not have the right to select or in any way control the selection of his or her successor.

Acts 1943, No. 247, § 12; A.S.A. 1947, § 12-2312.
Ark. Code Ann. § 21-5-221 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-221
Compensation differentials
Status: in_force

(a) To address specific employee compensation needs not otherwise provided for in this subchapter, a state agency may pay additional compensation for current employees in specific positions or for classifications of positions assigned to a compensation plan authorized by the General Assembly for one (1) or more compensation differentials. (b) (1) Authorization for one (1) or more compensation differentials may be approved if the: (A) State agency has documented the need for a compensation differential for specified positions or classifications; (B) State agency submits to the Office of Personnel Management a plan of the terms and conditions for eligibility that must directly address the needs of the targeted positions or classifications for any requested compensation differential; (C) Cost of implementing and maintaining a compensation differential is within the state agency's existing appropriation and shall not be implemented using funds specifically set aside for other programs within the state agency; and (D) Compensation differential plan has been approved by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) Any compensation differential authorized under this section shall be renewed each fiscal year. (3) The cumulative total of any compensation differentials paid to an employee shall not exceed twenty-five percent (25%) of the employee's base salary. (c) (1) Hazardous duty differential of up to ten percent (10%) may be authorized for the increased risk of personal physical injury for an employee occupying a certain identified high-risk position if the: (A) Position classification is determined to be physically hazardous or dangerous due to location, facility, services provided, or other factors directly related to the duty assignment of the positions; and (B) Employee's regularly assigned work schedule exposes him or her to clear, direct, and unavoidable hazards during at least fifty percent (50%) of the work time and the employee is not compensated for the hazardous exposure. (2) (A) The director of the requesting state agency shall identify the facility or unit, location, and eligible positions and classifications within the facility or unit that are identified as high-risk. (B) The positions shall be certified by the state agency director as having been assigned to a work environment that poses an increased risk of personal injury and shall be submitted as part of the plan for payment of hazardous duty differential to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State after review and approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) Subsequent changes to the facility or unit, location, and eligible positions or classifications within the facility or unit on file with the Office of Personnel Management shall receive prior approval by the Secretary of the Department of Transformation and Shared Services after review and approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (d) It is the intent of this subsection that hazardous duty compensation shall be at the discretion of the Secretary of the Department of Transformation and Shared Services and the director of the state agency and shall not be implemented using funds specifically set aside for other programs within the state agency. (e) An additional ten percent (10%), but not to exceed a total of twelve percent (12%), hazardous duty differential may be authorized for employees occupying positions assigned to a maximum security unit or facility if the work schedules expose employees to clear, direct, and unavoidable hazards from clients, inmates, or patients who are in units or facilities that are classified as maximum security. (f) An employee who is receiving additional compensation for hazardous duty and then is reassigned to normal duty shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter. (g) (1) A professional certification differential of up to ten percent (10%) for job-related professional certifications for individual positions or for specific classifications within a state agency may be authorized if the certification is: (A) From a recognized professional certifying organization and is determined to be directly related to the predominant purpose and use of the position or classification; and (B) Not included as a minimum qualification established or as a special requirement for the classification by the official class specification. (2) (A) A professional certification differential may be paid only while the certification is current and maintained by the employee and while employed in a position or classification covered by the plan. (B) Documentation of continuation or renewal of the certification of the employee is required for continuation of the certification differential. (h) An education differential of up to ten percent (10%) for job-related education for individual positions or for specific classifications within a state agency may be authorized if: (1) Attainment of additional education is from an accredited institution of higher education, documented by official transcript, certificate, or degree award, and directly related to the predominant purpose and use of the position or classification; and (2) The education to be compensated is not included as a special requirement or minimum qualification established for the classification by the official class specification. (i) A geographic area differential of up to ten percent (10%) may be authorized to address the documented inability to recruit and retain certain employees in a specific geographic area of the state if the additional geographic area differential is based on documented recruitment, turnover, or other competitive pay issue in a specific geographic area but that does not justify a statewide labor market special entry rate. (j) (1) A second-language differential of up to ten percent (10%) may be authorized for an employee who has the demonstrated ability and skill to communicate in a language other than English, including American Sign Language, and that skill is determined by the state agency to be directly related to the effective performance of the job duties for the position occupied by the employee. (2) An employee who receives additional compensation under this section and who moves into a position that does not need the skill to communicate in a language other than English shall revert on the effective date of the change to the rate of pay that the employee would otherwise receive. (k) (1) On-call duty or standby-duty differential may be authorized for an employee whose job requires him or her to provide services on nights, weekends, or holidays or other situations when the state agency does not have regularly scheduled staff coverage. (2) On-call duty or standby-duty differential is to be used for officially scheduled duty outside regular work hours during which an employee is required to be accessible by telephone, pager, or other means and must return to the designated work site upon notification of need within a specified response time. (3) (A) An employee who is required to be available for duty on nights, weekends, and holidays will be eligible to receive on-call or standby-duty pay equivalent of an hourly rate not to exceed twenty percent (20%) of his or her base hourly pay rate for each on-call or standby hour for not more than forty-eight (48) hours during any seven-day work period. (B) (i) Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed. (ii) If the equipment or paging device malfunctions, the penalty shall not apply. (C) (i) An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back. (ii) The employee shall not be paid on-call or standby pay for hours actually worked during a call back. (l) If granting additional compensation would have the effect of exceeding the maximum pay level for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade. (m) Other compensation differentials may be administered by the Office of Personnel Management after: (1) Approval by the State Personnel Administrator; and (2) Review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2024, No. 172,§ 4, eff. 7/1/2024. Amended by Act 2019, No. 910,§ 6133, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6132, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 20, eff. 7/1/2017. Amended by Act 2013, No. 1321,§ 4, eff. 7/1/2013. Acts 2009, No. 688, § 13.

(a) To address specific employee compensation needs not otherwise provided for in this subchapter, a state agency may pay additional compensation for current employees in specific positions or for classifications of positions assigned to a compensation plan authorized by the General Assembly for one (1) or more compensation differentials.

(b) (1) Authorization for one (1) or more compensation differentials may be approved if the: (A) State agency has documented the need for a compensation differential for specified positions or classifications; (B) State agency submits to the Office of Personnel Management a plan of the terms and conditions for eligibility that must directly address the needs of the targeted positions or classifications for any requested compensation differential; (C) Cost of implementing and maintaining a compensation differential is within the state agency's existing appropriation and shall not be implemented using funds specifically set aside for other programs within the state agency; and (D) Compensation differential plan has been approved by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) Any compensation differential authorized under this section shall be renewed each fiscal year. (3) The cumulative total of any compensation differentials paid to an employee shall not exceed twenty-five percent (25%) of the employee's base salary.

(1) Authorization for one (1) or more compensation differentials may be approved if the: (A) State agency has documented the need for a compensation differential for specified positions or classifications; (B) State agency submits to the Office of Personnel Management a plan of the terms and conditions for eligibility that must directly address the needs of the targeted positions or classifications for any requested compensation differential; (C) Cost of implementing and maintaining a compensation differential is within the state agency's existing appropriation and shall not be implemented using funds specifically set aside for other programs within the state agency; and (D) Compensation differential plan has been approved by the Office of Personnel Management after review 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 compensation differential for specified positions or classifications;

(B) State agency submits to the Office of Personnel Management a plan of the terms and conditions for eligibility that must directly address the needs of the targeted positions or classifications for any requested compensation differential;

(C) Cost of implementing and maintaining a compensation differential is within the state agency's existing appropriation and shall not be implemented using funds specifically set aside for other programs within the state agency; and

(D) Compensation differential plan has been approved by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(2) Any compensation differential authorized under this section shall be renewed each fiscal year.

(3) The cumulative total of any compensation differentials paid to an employee shall not exceed twenty-five percent (25%) of the employee's base salary.

(c) (1) Hazardous duty differential of up to ten percent (10%) may be authorized for the increased risk of personal physical injury for an employee occupying a certain identified high-risk position if the: (A) Position classification is determined to be physically hazardous or dangerous due to location, facility, services provided, or other factors directly related to the duty assignment of the positions; and (B) Employee's regularly assigned work schedule exposes him or her to clear, direct, and unavoidable hazards during at least fifty percent (50%) of the work time and the employee is not compensated for the hazardous exposure. (2) (A) The director of the requesting state agency shall identify the facility or unit, location, and eligible positions and classifications within the facility or unit that are identified as high-risk. (B) The positions shall be certified by the state agency director as having been assigned to a work environment that poses an increased risk of personal injury and shall be submitted as part of the plan for payment of hazardous duty differential to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State after review and approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) Subsequent changes to the facility or unit, location, and eligible positions or classifications within the facility or unit on file with the Office of Personnel Management shall receive prior approval by the Secretary of the Department of Transformation and Shared Services after review and approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) Hazardous duty differential of up to ten percent (10%) may be authorized for the increased risk of personal physical injury for an employee occupying a certain identified high-risk position if the: (A) Position classification is determined to be physically hazardous or dangerous due to location, facility, services provided, or other factors directly related to the duty assignment of the positions; and (B) Employee's regularly assigned work schedule exposes him or her to clear, direct, and unavoidable hazards during at least fifty percent (50%) of the work time and the employee is not compensated for the hazardous exposure.

(A) Position classification is determined to be physically hazardous or dangerous due to location, facility, services provided, or other factors directly related to the duty assignment of the positions; and

(B) Employee's regularly assigned work schedule exposes him or her to clear, direct, and unavoidable hazards during at least fifty percent (50%) of the work time and the employee is not compensated for the hazardous exposure.

(2) (A) The director of the requesting state agency shall identify the facility or unit, location, and eligible positions and classifications within the facility or unit that are identified as high-risk. (B) The positions shall be certified by the state agency director as having been assigned to a work environment that poses an increased risk of personal injury and shall be submitted as part of the plan for payment of hazardous duty differential to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State after review and approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) Subsequent changes to the facility or unit, location, and eligible positions or classifications within the facility or unit on file with the Office of Personnel Management shall receive prior approval by the Secretary of the Department of Transformation and Shared Services after review and approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) The director of the requesting state agency shall identify the facility or unit, location, and eligible positions and classifications within the facility or unit that are identified as high-risk.

(B) The positions shall be certified by the state agency director as having been assigned to a work environment that poses an increased risk of personal injury and shall be submitted as part of the plan for payment of hazardous duty differential to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State after review and approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(C) Subsequent changes to the facility or unit, location, and eligible positions or classifications within the facility or unit on file with the Office of Personnel Management shall receive prior approval by the Secretary of the Department of Transformation and Shared Services after review and approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(d) It is the intent of this subsection that hazardous duty compensation shall be at the discretion of the Secretary of the Department of Transformation and Shared Services and the director of the state agency and shall not be implemented using funds specifically set aside for other programs within the state agency.

(e) An additional ten percent (10%), but not to exceed a total of twelve percent (12%), hazardous duty differential may be authorized for employees occupying positions assigned to a maximum security unit or facility if the work schedules expose employees to clear, direct, and unavoidable hazards from clients, inmates, or patients who are in units or facilities that are classified as maximum security.

(f) An employee who is receiving additional compensation for hazardous duty and then is reassigned to normal duty shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter.

(g) (1) A professional certification differential of up to ten percent (10%) for job-related professional certifications for individual positions or for specific classifications within a state agency may be authorized if the certification is: (A) From a recognized professional certifying organization and is determined to be directly related to the predominant purpose and use of the position or classification; and (B) Not included as a minimum qualification established or as a special requirement for the classification by the official class specification. (2) (A) A professional certification differential may be paid only while the certification is current and maintained by the employee and while employed in a position or classification covered by the plan. (B) Documentation of continuation or renewal of the certification of the employee is required for continuation of the certification differential.

(1) A professional certification differential of up to ten percent (10%) for job-related professional certifications for individual positions or for specific classifications within a state agency may be authorized if the certification is: (A) From a recognized professional certifying organization and is determined to be directly related to the predominant purpose and use of the position or classification; and (B) Not included as a minimum qualification established or as a special requirement for the classification by the official class specification.

(A) From a recognized professional certifying organization and is determined to be directly related to the predominant purpose and use of the position or classification; and

(B) Not included as a minimum qualification established or as a special requirement for the classification by the official class specification.

(2) (A) A professional certification differential may be paid only while the certification is current and maintained by the employee and while employed in a position or classification covered by the plan. (B) Documentation of continuation or renewal of the certification of the employee is required for continuation of the certification differential.

(A) A professional certification differential may be paid only while the certification is current and maintained by the employee and while employed in a position or classification covered by the plan.

(B) Documentation of continuation or renewal of the certification of the employee is required for continuation of the certification differential.

(h) An education differential of up to ten percent (10%) for job-related education for individual positions or for specific classifications within a state agency may be authorized if: (1) Attainment of additional education is from an accredited institution of higher education, documented by official transcript, certificate, or degree award, and directly related to the predominant purpose and use of the position or classification; and (2) The education to be compensated is not included as a special requirement or minimum qualification established for the classification by the official class specification.

(1) Attainment of additional education is from an accredited institution of higher education, documented by official transcript, certificate, or degree award, and directly related to the predominant purpose and use of the position or classification; and

(2) The education to be compensated is not included as a special requirement or minimum qualification established for the classification by the official class specification.

(i) A geographic area differential of up to ten percent (10%) may be authorized to address the documented inability to recruit and retain certain employees in a specific geographic area of the state if the additional geographic area differential is based on documented recruitment, turnover, or other competitive pay issue in a specific geographic area but that does not justify a statewide labor market special entry rate.

(j) (1) A second-language differential of up to ten percent (10%) may be authorized for an employee who has the demonstrated ability and skill to communicate in a language other than English, including American Sign Language, and that skill is determined by the state agency to be directly related to the effective performance of the job duties for the position occupied by the employee. (2) An employee who receives additional compensation under this section and who moves into a position that does not need the skill to communicate in a language other than English shall revert on the effective date of the change to the rate of pay that the employee would otherwise receive.

(1) A second-language differential of up to ten percent (10%) may be authorized for an employee who has the demonstrated ability and skill to communicate in a language other than English, including American Sign Language, and that skill is determined by the state agency to be directly related to the effective performance of the job duties for the position occupied by the employee.

(2) An employee who receives additional compensation under this section and who moves into a position that does not need the skill to communicate in a language other than English shall revert on the effective date of the change to the rate of pay that the employee would otherwise receive.

(k) (1) On-call duty or standby-duty differential may be authorized for an employee whose job requires him or her to provide services on nights, weekends, or holidays or other situations when the state agency does not have regularly scheduled staff coverage. (2) On-call duty or standby-duty differential is to be used for officially scheduled duty outside regular work hours during which an employee is required to be accessible by telephone, pager, or other means and must return to the designated work site upon notification of need within a specified response time. (3) (A) An employee who is required to be available for duty on nights, weekends, and holidays will be eligible to receive on-call or standby-duty pay equivalent of an hourly rate not to exceed twenty percent (20%) of his or her base hourly pay rate for each on-call or standby hour for not more than forty-eight (48) hours during any seven-day work period. (B) (i) Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed. (ii) If the equipment or paging device malfunctions, the penalty shall not apply. (C) (i) An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back. (ii) The employee shall not be paid on-call or standby pay for hours actually worked during a call back.

(1) On-call duty or standby-duty differential may be authorized for an employee whose job requires him or her to provide services on nights, weekends, or holidays or other situations when the state agency does not have regularly scheduled staff coverage.

(2) On-call duty or standby-duty differential is to be used for officially scheduled duty outside regular work hours during which an employee is required to be accessible by telephone, pager, or other means and must return to the designated work site upon notification of need within a specified response time.

(3) (A) An employee who is required to be available for duty on nights, weekends, and holidays will be eligible to receive on-call or standby-duty pay equivalent of an hourly rate not to exceed twenty percent (20%) of his or her base hourly pay rate for each on-call or standby hour for not more than forty-eight (48) hours during any seven-day work period. (B) (i) Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed. (ii) If the equipment or paging device malfunctions, the penalty shall not apply. (C) (i) An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back. (ii) The employee shall not be paid on-call or standby pay for hours actually worked during a call back.

(A) An employee who is required to be available for duty on nights, weekends, and holidays will be eligible to receive on-call or standby-duty pay equivalent of an hourly rate not to exceed twenty percent (20%) of his or her base hourly pay rate for each on-call or standby hour for not more than forty-eight (48) hours during any seven-day work period.

(B) (i) Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed. (ii) If the equipment or paging device malfunctions, the penalty shall not apply.

(i) Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed.

(ii) If the equipment or paging device malfunctions, the penalty shall not apply.

(C) (i) An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back. (ii) The employee shall not be paid on-call or standby pay for hours actually worked during a call back.

(i) An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back.

(ii) The employee shall not be paid on-call or standby pay for hours actually worked during a call back.

(l) If granting additional compensation would have the effect of exceeding the maximum pay level for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.

(m) Other compensation differentials may be administered by the Office of Personnel Management after: (1) Approval by the State Personnel Administrator; and (2) Review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) Approval by the State Personnel Administrator; and

(2) Review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2024, No. 172,§ 4, eff. 7/1/2024.

Amended by Act 2019, No. 910,§ 6133, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6132, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 20, eff. 7/1/2017.

Amended by Act 2013, No. 1321,§ 4, eff. 7/1/2013.

Acts 2009, No. 688, § 13.
Ark. Code Ann. § 21-5-423 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-423
Public School Employee Health Benefit Advisory Commission - Creation - Members - Expense reimbursement
Status: in_force

(a) (1) The Public School Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall: (a) Be employed by a public school; and (b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate; and (C) (i) One (1) member who: (a) Is a retired public school employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee. (ii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission. (b) (1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms. (2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term. (c) (1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission. (2) (A) The first meeting of the commission shall be called by the Secretary of the Department of Education. (B) The commission shall have an initial meeting by July 1, 2022. (3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually. (4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division. (5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission. (d) Each appointed member shall be paid a stipend of five hundred dollars ($500) per month plus mileage. (e) The duties of the commission shall include without limitation to: (1) Review and confirm the financial information and the potential viability of funding for public school employees for purposes of the program; (2) Review and comment on proposed policies, guidance, and directives to the program offered by the division; (3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program; (4) Review drugs for formulary management; (5) Evaluate the financial impact of the commission's recommendations for formulary management; (6) Review and evaluate medical management and medical management policies; (7) Make recommendations to the board on the evaluation of medical management and medical management policies; (8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division; (9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and (10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter. (f) The division shall provide staff support for the activities of the commission. Added by Act 2022, No. 114,§ 3, eff. 3/1/2022.

(a) (1) The Public School Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall: (a) Be employed by a public school; and (b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate; and (C) (i) One (1) member who: (a) Is a retired public school employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee. (ii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission.

(1) The Public School Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall: (a) Be employed by a public school; and (b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate; and (C) (i) One (1) member who: (a) Is a retired public school employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee. (ii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

(A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor;

(i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services.

(ii) Members appointed by the Governor shall serve at the pleasure of the Governor;

(B) (i) One (1) member who shall: (a) Be employed by a public school; and (b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate; and

(i) One (1) member who shall: (a) Be employed by a public school; and (b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program.

(a) Be employed by a public school; and

(b) Have five (5) years of consecutive participation in the State and Public School Life and Health Insurance Program.

(ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section.

(a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas Education Association to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or

(b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section.

(iii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate; and

(C) (i) One (1) member who: (a) Is a retired public school employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee. (ii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

(i) One (1) member who: (a) Is a retired public school employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee.

(a) Is a retired public school employee; and

(b) Has participated in the program for: (1) Five (5) consecutive years as an active public school employee; and (2) Two (2) years as a retired public school employee.

(1) Five (5) consecutive years as an active public school employee; and

(2) Two (2) years as a retired public school employee.

(ii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

(2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission.

(b) (1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms. (2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term.

(1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms.

(2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term.

(c) (1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission. (2) (A) The first meeting of the commission shall be called by the Secretary of the Department of Education. (B) The commission shall have an initial meeting by July 1, 2022. (3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually. (4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division. (5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission.

(2) (A) The first meeting of the commission shall be called by the Secretary of the Department of Education. (B) The commission shall have an initial meeting by July 1, 2022.

(A) The first meeting of the commission shall be called by the Secretary of the Department of Education.

(B) The commission shall have an initial meeting by July 1, 2022.

(3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually.

(4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division.

(5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review.

(B) The appointing authority shall determine whether or not the member shall continue to serve on the commission.

(C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(d) Each appointed member shall be paid a stipend of five hundred dollars ($500) per month plus mileage.

(e) The duties of the commission shall include without limitation to: (1) Review and confirm the financial information and the potential viability of funding for public school employees for purposes of the program; (2) Review and comment on proposed policies, guidance, and directives to the program offered by the division; (3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program; (4) Review drugs for formulary management; (5) Evaluate the financial impact of the commission's recommendations for formulary management; (6) Review and evaluate medical management and medical management policies; (7) Make recommendations to the board on the evaluation of medical management and medical management policies; (8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division; (9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and (10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter.

(1) Review and confirm the financial information and the potential viability of funding for public school employees for purposes of the program;

(2) Review and comment on proposed policies, guidance, and directives to the program offered by the division;

(3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program;

(4) Review drugs for formulary management;

(5) Evaluate the financial impact of the commission's recommendations for formulary management;

(6) Review and evaluate medical management and medical management policies;

(7) Make recommendations to the board on the evaluation of medical management and medical management policies;

(8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division;

(9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and

(A) Annual premium adjustments; and

(B) Annual monthly contribution adjustments for participating entities; and

(10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter.

(f) The division shall provide staff support for the activities of the commission.

Added by Act 2022, No. 114,§ 3, eff. 3/1/2022.
Ark. Code Ann. § 21-8-407 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-407
Gifts of art
Status: in_force

Any work of art contracted for prior to January 1, 1998, for public service recognition for members of the General Assembly shall not be a gift under § 21-8-402 nor shall it be deemed an unlawful gift under any other statute or rule. Amended by Act 2019, No. 315,§ 2331, eff. 7/24/2019. Acts 2001, No. 1839, § 33.

Any work of art contracted for prior to January 1, 1998, for public service recognition for members of the General Assembly shall not be a gift under § 21-8-402 nor shall it be deemed an unlawful gift under any other statute or rule.

Amended by Act 2019, No. 315,§ 2331, eff. 7/24/2019.

Acts 2001, No. 1839, § 33.
Ark. Code Ann. § 21-3-201 — AR Code / Title 21 / Chapter 3 / Subchapter 2 / Section 21-3-201
Definition
Status: in_force

For the purposes of this subchapter, "public employer" means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of this state. "Public employer" specifically includes public universities, colleges, and public school districts. Acts 1979, No. 25, § 1; A.S.A. 1947, § 12-3501.

For the purposes of this subchapter, "public employer" means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of this state. "Public employer" specifically includes public universities, colleges, and public school districts.

Acts 1979, No. 25, § 1; A.S.A. 1947, § 12-3501.
Ark. Code Ann. § 21-1-310 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-310
Removal of designees
Status: in_force

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including § 21-1-309 , those persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause. Acts 1961, No. 489, § 11; A.S.A. 1947, § 12-124.

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including § 21-1-309 , those persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.

Acts 1961, No. 489, § 11; A.S.A. 1947, § 12-124.
Ark. Code Ann. § 21-1-311 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-311
Disputes
Status: in_force

Any dispute concerning a question of fact arising under this subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, shall be adjudicated by the Governor or other official authorized under the Arkansas Constitution and this subchapter to exercise the powers and discharge the duties of the Office of Governor, and his or her decision shall be final. Acts 1961, No. 489, § 12; A.S.A. 1947, § 12-125.

Any dispute concerning a question of fact arising under this subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, shall be adjudicated by the Governor or other official authorized under the Arkansas Constitution and this subchapter to exercise the powers and discharge the duties of the Office of Governor, and his or her decision shall be final.

Acts 1961, No. 489, § 12; A.S.A. 1947, § 12-125.
Ark. Code Ann. § 21-4-210 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-210
Leave of absence without pay
Status: in_force

(a) (1) Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless: (A) Granted in accordance with § 21-4-212 ; or (B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency. (2) At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless: (A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or (B) The position is no longer available due to a budgetary reduction in staff of the agency. (b) Failure on the part of an employee to report promptly at the expiration of the leave of absence except for satisfactory reasons submitted in advance shall be a cause for dismissal. (c) (1) (A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted. (B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director. (2) Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted. (3) In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave. (d) (1) Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays. (2) Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty. Acts 1975, No. 567, § 6; 1983, No. 129, § 2; 1983, No. 931, § 5; A.S.A. 1947, § 12-2369; Acts 2003, No. 835, § 3.

(a) (1) Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless: (A) Granted in accordance with § 21-4-212 ; or (B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency. (2) At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless: (A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or (B) The position is no longer available due to a budgetary reduction in staff of the agency.

(1) Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless: (A) Granted in accordance with § 21-4-212 ; or (B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency.

(A) Granted in accordance with § 21-4-212 ; or

(B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency.

(2) At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless: (A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or (B) The position is no longer available due to a budgetary reduction in staff of the agency.

(A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or

(B) The position is no longer available due to a budgetary reduction in staff of the agency.

(b) Failure on the part of an employee to report promptly at the expiration of the leave of absence except for satisfactory reasons submitted in advance shall be a cause for dismissal.

(c) (1) (A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted. (B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director. (2) Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted. (3) In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave.

(1) (A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted. (B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director.

(A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted.

(B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director.

(i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy;

(ii) Due to inclement weather as designated by state policy; or

(iii) Due to necessary budget reduction as determined by the state agency director.

(2) Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted.

(3) In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave.

(d) (1) Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays. (2) Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty.

(1) Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays.

(2) Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty.

Acts 1975, No. 567, § 6; 1983, No. 129, § 2; 1983, No. 931, § 5; A.S.A. 1947, § 12-2369; Acts 2003, No. 835, § 3.
Ark. Code Ann. § 21-6-413 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-413
Probate and county matters - Miscellaneous court fees
Status: in_force

(a) Miscellaneous court fees are established as follows: Click here to view form. (b) With respect to probate matters, this section applies to circuit clerks and any county clerk who serves as ex officio clerk of the probate division of the circuit court. (c) Any fee not specifically provided for in subsection (a) of this section shall be set by the circuit court if it is a probate matter or by the county judge if it is a county court matter. (d) The fee provisions provided for in subsection (a) of this section shall be in lieu of any or all fees now established by law. (e) (1) (A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county clerk's cost fund". (B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose. (2) (A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system. (B) The acquisition and update of software for the automated records system shall be a permitted use of these funds. (C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer. (3) (A) (i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (B) The clerk's election shall be made in writing and filed in the office of the circuit clerk. (C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by § 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under § 16-20-407(b) . Acts 2003, No. 1765, § 28; 2009, No. 348, § 1.

(a) Miscellaneous court fees are established as follows: Click here to view form.

Click here to view form.

(b) With respect to probate matters, this section applies to circuit clerks and any county clerk who serves as ex officio clerk of the probate division of the circuit court.

(c) Any fee not specifically provided for in subsection (a) of this section shall be set by the circuit court if it is a probate matter or by the county judge if it is a county court matter.

(d) The fee provisions provided for in subsection (a) of this section shall be in lieu of any or all fees now established by law.

(e) (1) (A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county clerk's cost fund". (B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose. (2) (A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system. (B) The acquisition and update of software for the automated records system shall be a permitted use of these funds. (C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer. (3) (A) (i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (B) The clerk's election shall be made in writing and filed in the office of the circuit clerk. (C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by § 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under § 16-20-407(b) .

(1) (A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county clerk's cost fund". (B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose.

(A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county clerk's cost fund".

(B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose.

(2) (A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system. (B) The acquisition and update of software for the automated records system shall be a permitted use of these funds. (C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer.

(A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system.

(B) The acquisition and update of software for the automated records system shall be a permitted use of these funds.

(C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer.

(3) (A) (i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (B) The clerk's election shall be made in writing and filed in the office of the circuit clerk. (C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by § 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under § 16-20-407(b) .

(A) (i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 . (ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 .

(i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 .

(ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306 .

(B) The clerk's election shall be made in writing and filed in the office of the circuit clerk.

(C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by § 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under § 16-20-407(b) .

Acts 2003, No. 1765, § 28; 2009, No. 348, § 1.

6_413_1 - Attachment
Ark. Code Ann. § 21-1-406 — AR Code / Title 21 / Chapter 1 / Subchapter 4 / Section 21-1-406
Venue for violation proceedings
Status: in_force

The venue for the judicial proceedings for violating § 21-1-405(a) shall be in the county of the defendant's domicile. Acts 1999, No. 34, § 6.

The venue for the judicial proceedings for violating § 21-1-405(a) shall be in the county of the defendant's domicile.

Acts 1999, No. 34, § 6.
Ark. Code Ann. § 21-1-905 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-905
Enumerated rights
Status: in_force

(a) All federal acts, laws, orders, rules, and regulations that were enacted on or after January 1, 2021, that infringe on the enumerated rights under Arkansas Constitution, Article 2, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. (b) (1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state. (2) The persons and prohibitions described under subdivision (b)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the rights described under subsection (a) of this section. (c) An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights described under subsection (a) of this section upon conviction is guilty of an unclassified misdemeanor. Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

(a) All federal acts, laws, orders, rules, and regulations that were enacted on or after January 1, 2021, that infringe on the enumerated rights under Arkansas Constitution, Article 2, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(b) (1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state. (2) The persons and prohibitions described under subdivision (b)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the rights described under subsection (a) of this section.

(1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.

(A) A public officer or employee of this state; or

(B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.

(2) The persons and prohibitions described under subdivision (b)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the rights described under subsection (a) of this section.

(c) An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights described under subsection (a) of this section upon conviction is guilty of an unclassified misdemeanor.

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 21-14-112 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-112
Denial or revocation of notary public commission
Status: in_force

(a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public: (1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact; (2) Is convicted of official misconduct under the provisions of § 21-14-111 ; (3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law; (4) Is found by a court of this state to have engaged in the unauthorized practice of law; (5) Is found by a court to have improperly notarized documents according to the law; (6) Is found by a court to have charged fees higher than allowed under § 21-6-309 ; or (7) Fails to complete the requirements under § 21-14-101 . (b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person. (c) After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State: (1) The notary public's journal of notarial acts; (2) All other papers and copies relating to the notary public's notarial acts; and (3) The notary public's official seal. (d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation. Amended by Act 2013, No. 492,§ 5, eff. 8/16/2013. Acts 1999, No. 1187, § 1; 2005, No. 2274, § 3.

(a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public: (1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact; (2) Is convicted of official misconduct under the provisions of § 21-14-111 ; (3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law; (4) Is found by a court of this state to have engaged in the unauthorized practice of law; (5) Is found by a court to have improperly notarized documents according to the law; (6) Is found by a court to have charged fees higher than allowed under § 21-6-309 ; or (7) Fails to complete the requirements under § 21-14-101 .

(1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact;

(2) Is convicted of official misconduct under the provisions of § 21-14-111 ;

(3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law;

(4) Is found by a court of this state to have engaged in the unauthorized practice of law;

(5) Is found by a court to have improperly notarized documents according to the law;

(6) Is found by a court to have charged fees higher than allowed under § 21-6-309 ; or

(7) Fails to complete the requirements under § 21-14-101 .

(b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person.

(c) After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State: (1) The notary public's journal of notarial acts; (2) All other papers and copies relating to the notary public's notarial acts; and (3) The notary public's official seal.

(1) The notary public's journal of notarial acts;

(2) All other papers and copies relating to the notary public's notarial acts; and

(3) The notary public's official seal.

(d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation.

Amended by Act 2013, No. 492,§ 5, eff. 8/16/2013.

Acts 1999, No. 1187, § 1; 2005, No. 2274, § 3.
Ark. Code Ann. § 21-4-212 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-212
Military leave - Definition
Status: in_force

(a) (1) Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year. (3) The leave shall be granted without loss of pay and in addition to regular vacation time. (4) Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file. (b) (1) An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment. (2) The right of reemployment shall conform with all federal government rules and regulations. (c) (1) Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time. (2) As used in this section, "emergency situations" means: (A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof; (B) Threats to the public health or security; or (C) Threats to the maintenance of law and order. (d) (1) During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled. (2) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund. (3) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained. (e) Whenever an employee as defined under § 21-4-203 or an employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave shall accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of thirty (30) military leave days available in any one (1) calendar year or fiscal year. Amended by Act 2017, No. 529,§ 2, eff. 8/1/2017. Acts 1975, No. 567, § 7; A.S.A. 1947, § 12-2370; Acts 1989, No. 586, § 1; 1991, No. 673, § 3; 1991, No. 956, § 1; 2011, No. 1164, § 3.

(a) (1) Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year. (3) The leave shall be granted without loss of pay and in addition to regular vacation time. (4) Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file.

(1) Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status.

(2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year.

(3) The leave shall be granted without loss of pay and in addition to regular vacation time.

(4) Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file.

(b) (1) An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment. (2) The right of reemployment shall conform with all federal government rules and regulations.

(1) An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment.

(2) The right of reemployment shall conform with all federal government rules and regulations.

(c) (1) Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time. (2) As used in this section, "emergency situations" means: (A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof; (B) Threats to the public health or security; or (C) Threats to the maintenance of law and order.

(1) Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time.

(2) As used in this section, "emergency situations" means: (A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof; (B) Threats to the public health or security; or (C) Threats to the maintenance of law and order.

(A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof;

(B) Threats to the public health or security; or

(C) Threats to the maintenance of law and order.

(d) (1) During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled. (2) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund. (3) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

(1) During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled.

(2) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund.

(3) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

(e) Whenever an employee as defined under § 21-4-203 or an employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave shall accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of thirty (30) military leave days available in any one (1) calendar year or fiscal year.

Amended by Act 2017, No. 529,§ 2, eff. 8/1/2017.

Acts 1975, No. 567, § 7; A.S.A. 1947, § 12-2370; Acts 1989, No. 586, § 1; 1991, No. 673, § 3; 1991, No. 956, § 1; 2011, No. 1164, § 3.
Ark. Code Ann. § 21-12-301 — AR Code / Title 21 / Chapter 12 / Subchapter 3 / Section 21-12-301
Suspension upon charge of shortage of county funds
Status: in_force

(a) If an information, presentment, or indictment is filed in a circuit court against a county elective, county quorum court district, or township officer on a charge involving a shortage of county funds in his or her office reported by Arkansas Legislative Audit, the circuit court shall order that the officer be immediately suspended from his or her office during the pendency of the judicial proceeding. (b) If a county elective, county quorum court district, or township officer is jailed in connection with a shortage of county funds reported by Arkansas Legislative Audit, he or she shall be suspended immediately from office during the pendency of the judicial proceeding by the circuit court upon the filing of information of the imprisonment. Amended by Act 2021, No. 255,§ 3, eff. 7/28/2021. Acts 1877, No. 63, §§ 1, 3, p. 64; C. & M. Dig., §§ 10335, 10337; Pope's Dig., §§ 14335, 14337; Acts 1963, No. 83, §§ 1, 3; A.S.A. 1947, §§ 12-2101, 12-2103.

(a) If an information, presentment, or indictment is filed in a circuit court against a county elective, county quorum court district, or township officer on a charge involving a shortage of county funds in his or her office reported by Arkansas Legislative Audit, the circuit court shall order that the officer be immediately suspended from his or her office during the pendency of the judicial proceeding.

(b) If a county elective, county quorum court district, or township officer is jailed in connection with a shortage of county funds reported by Arkansas Legislative Audit, he or she shall be suspended immediately from office during the pendency of the judicial proceeding by the circuit court upon the filing of information of the imprisonment.

Amended by Act 2021, No. 255,§ 3, eff. 7/28/2021.

Acts 1877, No. 63, §§ 1, 3, p. 64; C. & M. Dig., §§ 10335, 10337; Pope's Dig., §§ 14335, 14337; Acts 1963, No. 83, §§ 1, 3; A.S.A. 1947, §§ 12-2101, 12-2103.
Ark. Code Ann. § 21-5-601 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-601
Title
Status: in_force

This subchapter shall be known and cited as the "Public Employee Workers' Compensation Act". Acts 1979, No. 809, § 3; A.S.A. 1947, § 12-3603.

This subchapter shall be known and cited as the "Public Employee Workers' Compensation Act".

Acts 1979, No. 809, § 3; A.S.A. 1947, § 12-3603.
Ark. Code Ann. § 21-13-107 — AR Code / Title 21 / Chapter 13 / Section 21-13-107
Meals, lodging, and transportation
Status: in_force

(a) (1) Every department that utilizes the services of volunteers is authorized to provide volunteers with incidental reimbursements as are consistent with allowances authorized by law for reimbursement for state or local employees. (2) Such reimbursements include transportation costs, lodging, and subsistence, as the department deems appropriate, to assist volunteers in performing their duties, provided that sufficient funds are available. (b) (1) (A) Departments may furnish meals without charge to regular-service volunteers, provided that the scheduled work assignments of such volunteers extend over an established meal period. (B) Meals may be furnished without charge to occasional-service volunteers at the discretion of the department's executive head. (2) Lodging, if available, may be provided temporarily at no charge to regular-service volunteers, at the discretion of each department. (3) (A) (i) Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department. (ii) Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts. (B) Volunteers may utilize department vehicles in the performance of their duties, subject to the rules governing use of state vehicles by paid staff. Amended by Act 2019, No. 315,§ 2336, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2335, eff. 7/24/2019. Acts 1981, No. 42, §§ 3, 5; A.S.A. 1947, §§ 12-3703, 12-3705.

(a) (1) Every department that utilizes the services of volunteers is authorized to provide volunteers with incidental reimbursements as are consistent with allowances authorized by law for reimbursement for state or local employees. (2) Such reimbursements include transportation costs, lodging, and subsistence, as the department deems appropriate, to assist volunteers in performing their duties, provided that sufficient funds are available.

(1) Every department that utilizes the services of volunteers is authorized to provide volunteers with incidental reimbursements as are consistent with allowances authorized by law for reimbursement for state or local employees.

(2) Such reimbursements include transportation costs, lodging, and subsistence, as the department deems appropriate, to assist volunteers in performing their duties, provided that sufficient funds are available.

(b) (1) (A) Departments may furnish meals without charge to regular-service volunteers, provided that the scheduled work assignments of such volunteers extend over an established meal period. (B) Meals may be furnished without charge to occasional-service volunteers at the discretion of the department's executive head. (2) Lodging, if available, may be provided temporarily at no charge to regular-service volunteers, at the discretion of each department. (3) (A) (i) Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department. (ii) Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts. (B) Volunteers may utilize department vehicles in the performance of their duties, subject to the rules governing use of state vehicles by paid staff.

(1) (A) Departments may furnish meals without charge to regular-service volunteers, provided that the scheduled work assignments of such volunteers extend over an established meal period. (B) Meals may be furnished without charge to occasional-service volunteers at the discretion of the department's executive head.

(A) Departments may furnish meals without charge to regular-service volunteers, provided that the scheduled work assignments of such volunteers extend over an established meal period.

(B) Meals may be furnished without charge to occasional-service volunteers at the discretion of the department's executive head.

(2) Lodging, if available, may be provided temporarily at no charge to regular-service volunteers, at the discretion of each department.

(3) (A) (i) Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department. (ii) Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts. (B) Volunteers may utilize department vehicles in the performance of their duties, subject to the rules governing use of state vehicles by paid staff.

(A) (i) Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department. (ii) Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts.

(i) Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department.

(ii) Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts.

(B) Volunteers may utilize department vehicles in the performance of their duties, subject to the rules governing use of state vehicles by paid staff.

Amended by Act 2019, No. 315,§ 2336, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2335, eff. 7/24/2019.

Acts 1981, No. 42, §§ 3, 5; A.S.A. 1947, §§ 12-3703, 12-3705.
Ark. Code Ann. § 21-5-424 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-424
State Employee Health Benefit Advisory Commission - Creation - Members - Expense reimbursement
Status: in_force

(a) (1) The State Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall have five (5) years consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives; and (C) (i) One (1) member who: (a) Is a retired state employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee. (ii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate. (2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission. (b) (1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms. (2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term. (c) (1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission. (2) (A) The first meeting of the commission shall be called by the Director of the Employee Benefits Division. (B) The commission shall have an initial meeting by July 1, 2022. (3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually. (4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division. (5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission. (d) Each appointed member shall be paid a stipend of five hundred dollars ($500) per month plus mileage. (e) The duties of the commission shall include without limitation to: (1) Review and confirm the financial information and the potential viability of funding for state employees for purposes of the program; (2) Review and comment on proposed policies, guidance, and directives to the program offered by the division; (3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program; (4) Review drugs for formulary management; (5) Evaluate the financial impact of the commission's recommendations for formulary management; (6) Review and evaluate medical management and medical management policies; (7) Make recommendations to the board on the evaluation of medical management and medical management policies; (8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division; (9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and (10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter. (f) The division shall provide staff support for the activities of the commission. (g) The Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) shall provide the commission with an annual report of voluntary products to be offered to state employees during open enrollment. Amended by Act 2023, No. 533,§ 6, eff. 8/1/2023. Added by Act 2022, No. 114,§ 3, eff. 3/1/2022.

(a) (1) The State Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall have five (5) years consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives; and (C) (i) One (1) member who: (a) Is a retired state employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee. (ii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate. (2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission.

(1) The State Employee Health Benefit Advisory Commission is created, to be composed of the following voting members: (A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor; (B) (i) One (1) member who shall have five (5) years consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives; and (C) (i) One (1) member who: (a) Is a retired state employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee. (ii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

(A) (i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services. (ii) Members appointed by the Governor shall serve at the pleasure of the Governor;

(i) Three (3) members appointed by the Governor and subject to confirmation by the Senate, who have a minimum of five (5) years of professional experience or fiscal expertise in the industry of health insurance, actuarial services, or financial or banking services.

(ii) Members appointed by the Governor shall serve at the pleasure of the Governor;

(B) (i) One (1) member who shall have five (5) years consecutive participation in the State and Public School Life and Health Insurance Program. (ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section. (iii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives; and

(i) One (1) member who shall have five (5) years consecutive participation in the State and Public School Life and Health Insurance Program.

(ii) A member under subdivision (a)(1)(B)(i) of this section may be: (a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or (b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section.

(a) Selected from a list of three (3) names submitted by the Executive Director of the Arkansas State Employees Association, Inc., to the appointing authority under subdivision (a)(1)(B)(iii) of this section; or

(b) An individual not on the list submitted under subdivision (a)(1)(B)(ii) (a) of this section who otherwise meets the qualifications under subdivision (a)(1)(B)(i) of this section.

(iii) The President Pro Tempore of the Senate shall make the initial appointment under this subdivision (a)(1)(B), and every three (3) years the authority to make the appointment shall alternate between the President Pro Tempore of the Senate and the Speaker of the House of Representatives; and

(C) (i) One (1) member who: (a) Is a retired state employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee. (ii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

(i) One (1) member who: (a) Is a retired state employee; and (b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee.

(a) Is a retired state employee; and

(b) Has participated in the program for: (1) Five (5) consecutive years as an active employee; and (2) Two (2) years as a retired state employee.

(1) Five (5) consecutive years as an active employee; and

(2) Two (2) years as a retired state employee.

(ii) The Speaker of the House of Representatives shall make the initial appointment under this subdivision (a)(1)(C), and every three (3) years the authority to make the appointment shall alternate between the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

(2) An appointee under this section who has a conflict of interest as described in § 19-11-718 is disqualified from serving on the commission.

(b) (1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms. (2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term.

(1) Members shall be appointed for terms of three (3) years but may be reappointed for unlimited additional three-year terms.

(2) A vacancy in a position shall be filled in the same manner as the original appointment for the unexpired term.

(c) (1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission. (2) (A) The first meeting of the commission shall be called by the Director of the Employee Benefits Division. (B) The commission shall have an initial meeting by July 1, 2022. (3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually. (4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division. (5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(1) A chair and vice chair of the commission shall be selected annually by and from the membership of the commission.

(2) (A) The first meeting of the commission shall be called by the Director of the Employee Benefits Division. (B) The commission shall have an initial meeting by July 1, 2022.

(A) The first meeting of the commission shall be called by the Director of the Employee Benefits Division.

(B) The commission shall have an initial meeting by July 1, 2022.

(3) The commission shall meet monthly and have a minimum of twelve (12) meetings annually.

(4) The commission shall meet at a central location in Arkansas as provided by the Employee Benefits Division.

(5) (A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review. (B) The appointing authority shall determine whether or not the member shall continue to serve on the commission. (C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(A) If a member misses two (2) consecutive meetings or four (4) meetings in a calendar year, the commission shall report the member's absence to the appointing authority for review.

(B) The appointing authority shall determine whether or not the member shall continue to serve on the commission.

(C) If the member is removed due to absences under subdivision (c)(5)(B) of this section, the appointing authority shall appoint a new member to serve the remainder of the unexpired term of the member who is removed from the commission.

(d) Each appointed member shall be paid a stipend of five hundred dollars ($500) per month plus mileage.

(e) The duties of the commission shall include without limitation to: (1) Review and confirm the financial information and the potential viability of funding for state employees for purposes of the program; (2) Review and comment on proposed policies, guidance, and directives to the program offered by the division; (3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program; (4) Review drugs for formulary management; (5) Evaluate the financial impact of the commission's recommendations for formulary management; (6) Review and evaluate medical management and medical management policies; (7) Make recommendations to the board on the evaluation of medical management and medical management policies; (8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division; (9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and (10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter.

(1) Review and confirm the financial information and the potential viability of funding for state employees for purposes of the program;

(2) Review and comment on proposed policies, guidance, and directives to the program offered by the division;

(3) Provide input and recommendations to the State Board of Finance for decisions concerning the health benefit options available under the program;

(4) Review drugs for formulary management;

(5) Evaluate the financial impact of the commission's recommendations for formulary management;

(6) Review and evaluate medical management and medical management policies;

(7) Make recommendations to the board on the evaluation of medical management and medical management policies;

(8) Review and analyze the actuarial soundness of the program in coordination with an actuary of the division;

(9) Project: (A) Annual premium adjustments; and (B) Annual monthly contribution adjustments for participating entities; and

(A) Annual premium adjustments; and

(B) Annual monthly contribution adjustments for participating entities; and

(10) Make initial recommendations to the board by January 31, 2023, and by January 31 of each year thereafter.

(f) The division shall provide staff support for the activities of the commission.

(g) The Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) shall provide the commission with an annual report of voluntary products to be offered to state employees during open enrollment.

Amended by Act 2023, No. 533,§ 6, eff. 8/1/2023.

Added by Act 2022, No. 114,§ 3, eff. 3/1/2022.
Ark. Code Ann. § 21-2-112 — AR Code / Title 21 / Chapter 2 / Subchapter 1 / Section 21-2-112
Remedy of surety against principal and cosureties
Status: in_force

Any person bound as a security in any bond given by an officer to secure the faithful performance of his or her duties, who shall pay any money he or she shall have been liable to pay by reason of the bond, shall have the same right and remedy against the principal and cosureties as are provided in this section and § 21-2-111 against principal and security in bonds, bills, or notes for the payment of money or the delivery of property. Rev. Stat., ch. 137, § 17; C. & M. Dig., § 8304; Pope's Dig., § 10881; A.S.A. 1947, § 12-237.

Any person bound as a security in any bond given by an officer to secure the faithful performance of his or her duties, who shall pay any money he or she shall have been liable to pay by reason of the bond, shall have the same right and remedy against the principal and cosureties as are provided in this section and § 21-2-111 against principal and security in bonds, bills, or notes for the payment of money or the delivery of property.

Rev. Stat., ch. 137, § 17; C. & M. Dig., § 8304; Pope's Dig., § 10881; A.S.A. 1947, § 12-237.
Ark. Code Ann. § 21-4-211 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-211
Educational leave
Status: in_force

A permanent employee who is given out-service training may be granted educational leave by the agency director on the following basis: (1) The employee will continue in the service of the agency for a period of time as statutorily required or, in the absence of a specific law, at least two (2) times the length of his or her course of training; (2) (A) Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period. (B) A written contract shall be signed by the employee and the agency setting forth all terms of the agreement; (3) The employee shall retain all rights in the position held at the time when leave was granted or in a position with comparable security and pay; (4) The employee shall retain all benefits and rights during the training period that accrued during that time to regular employees; (5) The amount of salary paid during the training period shall be as agreed by the employee and agency director but shall not exceed the regular salary paid the employee; and (6) (A) Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health. (B) The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year. Acts 1975, No. 567, § 9; A.S.A. 1947, § 12-2372; Acts 1999, No. 193, § 1; 2007, No. 280, § 1; 2009, No. 252, § 1.

A permanent employee who is given out-service training may be granted educational leave by the agency director on the following basis:

(1) The employee will continue in the service of the agency for a period of time as statutorily required or, in the absence of a specific law, at least two (2) times the length of his or her course of training;

(2) (A) Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period. (B) A written contract shall be signed by the employee and the agency setting forth all terms of the agreement;

(A) Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period.

(B) A written contract shall be signed by the employee and the agency setting forth all terms of the agreement;

(3) The employee shall retain all rights in the position held at the time when leave was granted or in a position with comparable security and pay;

(4) The employee shall retain all benefits and rights during the training period that accrued during that time to regular employees;

(5) The amount of salary paid during the training period shall be as agreed by the employee and agency director but shall not exceed the regular salary paid the employee; and

(6) (A) Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health. (B) The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year.

(A) Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health.

(B) The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year.

Acts 1975, No. 567, § 9; A.S.A. 1947, § 12-2372; Acts 1999, No. 193, § 1; 2007, No. 280, § 1; 2009, No. 252, § 1.
Ark. Code Ann. § 21-4-101 — AR Code / Title 21 / Chapter 4 / Subchapter 1 / Section 21-4-101
Leave of absence for public service
Status: in_force

(a) Any person who is employed by any person, firm, or corporation in the State of Arkansas shall be granted a leave of absence, upon the election of any such employee to a public office in the State of Arkansas, or upon appointment by the Governor of any such person to a board or commission in the State of Arkansas, which office requires the employee's absence from their employment. (b) The leave of absence shall be for such period as the employee may request, not to exceed the duration of the term of office to which the employee has been elected. (c) The granting of the leave of absence by the employer shall not be held to impair the employee's seniority rights of the job, nor shall the departmental seniority of the employee be broken for job purposes. Acts 1953, No. 358, § 1; 1957, No. 242, § 1; A.S.A. 1947, § 12-2333.

(a) Any person who is employed by any person, firm, or corporation in the State of Arkansas shall be granted a leave of absence, upon the election of any such employee to a public office in the State of Arkansas, or upon appointment by the Governor of any such person to a board or commission in the State of Arkansas, which office requires the employee's absence from their employment.

(b) The leave of absence shall be for such period as the employee may request, not to exceed the duration of the term of office to which the employee has been elected.

(c) The granting of the leave of absence by the employer shall not be held to impair the employee's seniority rights of the job, nor shall the departmental seniority of the employee be broken for job purposes.

Acts 1953, No. 358, § 1; 1957, No. 242, § 1; A.S.A. 1947, § 12-2333.
Ark. Code Ann. § 21-13-110 — AR Code / Title 21 / Chapter 13 / Section 21-13-110
Department reports or records
Status: in_force

Each department shall include in its annual report, or shall maintain in its files, information which may be developed and maintained by volunteers relating to: (1) The total number, location, and duties of all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors; (2) The total number of annual hours of service provided to the department by all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors; and (3) Reimbursements made to volunteers or material donors for expenses, transportation, or other costs incurred in connection with volunteer services, and such other records as may be required, for tax purposes, to authenticate services rendered and expenses incurred by volunteers or material donors for which reimbursement has not been made. Acts 1981, No. 42, § 6; A.S.A. 1947, § 12-3706.

Each department shall include in its annual report, or shall maintain in its files, information which may be developed and maintained by volunteers relating to:

(1) The total number, location, and duties of all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors;

(2) The total number of annual hours of service provided to the department by all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors; and

(3) Reimbursements made to volunteers or material donors for expenses, transportation, or other costs incurred in connection with volunteer services, and such other records as may be required, for tax purposes, to authenticate services rendered and expenses incurred by volunteers or material donors for which reimbursement has not been made.

Acts 1981, No. 42, § 6; A.S.A. 1947, § 12-3706.
Ark. Code Ann. § 21-6-103 — AR Code / Title 21 / Chapter 6 / Subchapter 1 / Section 21-6-103
Illegal fees - Penalty
Status: in_force

If any officer shall charge, demand, or receive any more or greater fees for his or her services than are allowed by law, or shall demand, charge, or receive any such fees without having performed the services for which the fees are charged, the officer for every offense shall forfeit to the injured party, or the party against whom the fees may be charged, the amount of fees illegally charged, and five dollars ($5.00) for each item illegally demanded, charged, or received, with cost, and shall also be subject to an indictment for extortion. Acts 12/23/1842, § 35, p. 27; C. & M. Dig., §§ 2810, 4632; Pope's Dig., §§ 3528, 5721; A.S.A. 1947, § 12-1738.

If any officer shall charge, demand, or receive any more or greater fees for his or her services than are allowed by law, or shall demand, charge, or receive any such fees without having performed the services for which the fees are charged, the officer for every offense shall forfeit to the injured party, or the party against whom the fees may be charged, the amount of fees illegally charged, and five dollars ($5.00) for each item illegally demanded, charged, or received, with cost, and shall also be subject to an indictment for extortion.

Acts 12/23/1842, § 35, p. 27; C. & M. Dig., §§ 2810, 4632; Pope's Dig., §§ 3528, 5721; A.S.A. 1947, § 12-1738.
Ark. Code Ann. § 21-5-408 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-408
Compensation
Status: in_force

State Board of Finance members may receive from the Department of Finance and Administration expense reimbursement and stipends as allowable under § 25-16-901 et seq. Amended by Act 2021, No. 1004,§ 17, eff. 4/28/2021. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, § 6; 1997, No. 250, § 213; 1997, No. 1354, § 39; 1999, No. 1280, § 8.

State Board of Finance members may receive from the Department of Finance and Administration expense reimbursement and stipends as allowable under § 25-16-901 et seq.

Amended by Act 2021, No. 1004,§ 17, eff. 4/28/2021.

Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013.

Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013.

Acts 1995, No. 1206, § 6; 1997, No. 250, § 213; 1997, No. 1354, § 39; 1999, No. 1280, § 8.
Ark. Code Ann. § 21-3-802 — AR Code / Title 21 / Chapter 3 / Subchapter 8 / Section 21-3-802
Recruitment of retired employees
Status: in_force

(a) The Department of Finance and Administration shall promulgate rules providing for the recruitment of retired members of the Arkansas Public Employees' Retirement System to return to employment for the state. (b) Before a person recruited under the Exceptional Employee Recruitment Program may be rehired by the state, the proposed employment shall be reviewed by the Legislative Council and approved by the Governor. (c) The retirement benefits of a person rehired pursuant to this subchapter shall terminate upon reemployment. At the conclusion of the employment, the person shall receive retirement benefits with the additional service computed in his or her retirement benefits. (d) (1) The actuary of the system shall determine the actuarial cost of the additional retirement benefit attributable to the person's employment under the program. (2) Upon receiving certification of the cost by the Executive Director of the Arkansas Public Employees' Retirement System, the Secretary of the Department of Finance and Administration shall transfer the actuarial cost from the fund of the agency that employed the person under the program to the Arkansas Public Employees' Retirement System Fund. Amended by Act 2019, No. 315,§ 2318, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3494, eff. 7/1/2019. Acts 1999, No. 1039, § 2.

(a) The Department of Finance and Administration shall promulgate rules providing for the recruitment of retired members of the Arkansas Public Employees' Retirement System to return to employment for the state.

(b) Before a person recruited under the Exceptional Employee Recruitment Program may be rehired by the state, the proposed employment shall be reviewed by the Legislative Council and approved by the Governor.

(c) The retirement benefits of a person rehired pursuant to this subchapter shall terminate upon reemployment. At the conclusion of the employment, the person shall receive retirement benefits with the additional service computed in his or her retirement benefits.

(d) (1) The actuary of the system shall determine the actuarial cost of the additional retirement benefit attributable to the person's employment under the program. (2) Upon receiving certification of the cost by the Executive Director of the Arkansas Public Employees' Retirement System, the Secretary of the Department of Finance and Administration shall transfer the actuarial cost from the fund of the agency that employed the person under the program to the Arkansas Public Employees' Retirement System Fund.

(1) The actuary of the system shall determine the actuarial cost of the additional retirement benefit attributable to the person's employment under the program.

(2) Upon receiving certification of the cost by the Executive Director of the Arkansas Public Employees' Retirement System, the Secretary of the Department of Finance and Administration shall transfer the actuarial cost from the fund of the agency that employed the person under the program to the Arkansas Public Employees' Retirement System Fund.

Amended by Act 2019, No. 315,§ 2318, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3494, eff. 7/1/2019.

Acts 1999, No. 1039, § 2.