A.R.S. § 38-654 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 654
38-654 Special employee health insurance trust fund; purpose; investment of monies; use of monies; exemption from lapsing; annual report
Status: in_force

38-654. Special employee health insurance trust fund; purpose; investment of monies; use of monies; exemption from lapsing; annual report

A. The special employee health insurance trust fund is established to administer the state employee health insurance benefit plans. The fund shall consist of legislative appropriations, monies collected from the employer and employees for the health insurance benefit plans and investment earnings on monies collected from employees. The fund shall be administered by the director of the department of administration.  Monies in the fund that are determined by the legislature to be for administrative expenses of the department of administration, including monies authorized by subsection C, paragraph 4 of this section, are subject to legislative appropriation.

B. On notice from the department of administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  There shall be a separate accounting of monies contributed by the employer, monies collected from state employees and investment earnings on monies collected from employees. Monies collected from state employees for health insurance benefit plans shall be expended before expenditure of monies contributed by the employer.

C. Monies in the fund shall be used by the department of administration for the following purposes for the benefit of officers and employees who participate in a health insurance benefit plan pursuant to this article:

1. To administer a health insurance benefit program for state officers and employees.

2. To pay health insurance premiums, claims costs and related administrative expenses.

3. To apply against future premiums, claims costs and related administrative expenses.

4. To apply the equivalent of not more than $1.50 for each employee for each month to administer applicable federal and state laws relating to health insurance benefit programs and to design, implement and administer improvements to the employee health insurance or benefit program.

D. Subsection C of this section does not require that all monies in the special employee health insurance trust fund be used within any one or more fiscal years. Any person who is no longer a state employee or an employee who is no longer a participant in a health insurance plan under contract with the department of administration shall have no claim on monies in the fund.

E. Monies deposited in or credited to the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

F. The department of administration shall submit an annual report on the financial status of the special employee insurance trust fund to the governor, the president of the senate, the speaker of the house of representatives, the chairpersons of the house and senate appropriations committees and the joint legislative budget committee staff by July 1. The department shall make the report available to officers and employees who have paid premiums under one of the insurance plans from which monies were received for deposit in the trust account since the inception of the health and accident coverage program or since the department submitted the last report, whichever is later. The report shall include:

1. The actuarial assumptions and a description of the methodology used to set premiums and reserve balance targets for the health insurance benefit program for the current plan year.

2. An analysis of the actuarial soundness of the health insurance benefit program for the previous plan year.

3. An analysis of the actuarial soundness of the health insurance benefit program for the current plan year, based on both year-to-date experience and total expected experience.

4. A preliminary estimate of the premiums and reserve balance targets for the next plan year, including the actuarial assumptions and a description of the methodology used.

5. The required and actual performance standards for the prior plan year for the contracted health plans, including indemnity health insurance, hospital and medical service plans, dental plans and health maintenance organizations.

G. The department shall submit a report to the joint legislative budget committee detailing any changes to the type of benefits offered under the plan and associated costs at least forty-five days before making the change.  The report shall include:

1. An estimate of the cost or saving associated with the change.

2. An explanation of why the change was implemented before the next plan year.
A.R.S. § 38-770 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 770
38-770 Eligible rollover distribution; definitions
Status: in_force

38-770. Eligible rollover distribution; definitions

A. Notwithstanding any other provision of this article that would limit a distributee's election under this section, a distributee may elect, at any time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

B. An eligible rollover distribution may commence less than thirty days after the notice required under section 402(f) of the internal revenue code is given to the distributee, provided that both:

1. ASRS clearly informs the distributee that the distributee has a right to a period of at least thirty days after receiving the notice to consider the decision of whether or not to elect a direct rollover.

2. The distributee, after receiving the notice, affirmatively elects a distribution.

C. In addition to the other elections allowed in this section, effective for distributions made from and after December 31, 2006, a designated beneficiary of a member who is not the member's surviving spouse may elect, at any time and in the manner prescribed by ASRS, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan described in subsection D, paragraph 3, subdivisions (a) and (b) of this section.  For the purposes of this subsection, "designated beneficiary" has the same meaning prescribed in section 38-775.

D. For the purposes of this section:

1. "Direct rollover" means a payment by ASRS to the eligible retirement plan specified by the distributee.

2. "Distributee" means a member, a member's surviving spouse or a member's spouse or former spouse who is the alternate payee under an acceptable domestic relations order as defined in section 38-773.

3. "Eligible retirement plan" means any of the following that accepts a distributee's eligible rollover distribution:

(a) An individual retirement account described in section 408(a) of the internal revenue code.

(b) An individual retirement annuity described in section 408(b) of the internal revenue code.

(c) An annuity plan described in section 403(a) of the internal revenue code.

(d) A qualified trust described in section 401(a) of the internal revenue code.

(e) An annuity contract described in section 403(b) of the internal revenue code.

(f) An eligible deferred compensation plan described in section 457(b) of the internal revenue code that is maintained by a state, a political subdivision of a state or any agency or instrumentality of a state or a political subdivision of a state and that agrees to separately account for amounts transferred into the eligible deferred compensation plan from ASRS.

(g) Beginning January 1, 2008, a Roth individual retirement account described in section 408A of the internal revenue code.

(h) For distributions made after December 18, 2015, a simple retirement account that satisfies the requirements of section 408(p) of the internal revenue code.

4. "Eligible rollover distribution" means distribution of all or any portion of the balance to the credit of the distributee but does not include any of the following:

(a) Any distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's designated beneficiary or for a specified period of ten years or more.

(b) Any distribution to the extent the distribution is required under section 401(a)(9) of the internal revenue code.

(c) Except as provided in this paragraph, the portion of any distribution that is not includable in gross income.  A distribution does not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includable in gross income if the portion is paid only to an individual retirement account or annuity described in section 408(a) or 408(b) of the internal revenue code, to a qualified plan described in section 401(a) of the internal revenue code or an annuity contract described in section 403(b) of the internal revenue code that agrees to separately account for amounts so transferred, and earnings on those amounts, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable in gross income.

(d) Any distribution that is made due to hardship of the member.
A.R.S. § 38-846.06 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 846.06
38-846.06 Eligible rollover distributions; direct rollovers
Status: in_force

38-846.06. Eligible rollover distributions; direct rollovers

A. Notwithstanding any other provision of this article, a member or the member's surviving spouse beneficiary who is entitled to receive an eligible rollover distribution may elect to directly roll over all or part of that distribution to an eligible retirement plan.

B. A member's beneficiary who is not the member's spouse may elect to directly roll over all or part of an eligible rollover distribution from the system on the death of the member under the same terms and conditions as apply to a member or the member's surviving spouse beneficiary pursuant to this section, except that a nonspouse beneficiary may elect to make a direct rollover only to an eligible retirement plan as defined in section 38-842, paragraph 25, subdivision (a) or (b).

C. If a member or the member's beneficiary elects to have an eligible rollover distribution paid directly to an eligible retirement plan, that distribution shall be made in the form of a direct trustee-to-trustee transfer to the specified eligible retirement plan.  The distribution shall be made in the form and at the time prescribed by the board.

D. All rollovers made pursuant to this section are subject to the direct rollover requirements under section 401(a)(31) of the internal revenue code, the rollover notice requirements under section 402(f) of the internal revenue code and the mandatory withholding requirements under section 3405(c) of the internal revenue code.  The period for providing the rollover notice as required under section 402(f) of the internal revenue code is not less than thirty days and not more than one hundred eighty days before the date of distribution.
A.R.S. § 38-719 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 719
38-719 Interest paid to members and employers
Status: in_force

38-719. Interest paid to members and employers

ASRS may not pay interest on any amount paid to a member, an alternate payee or an employer pursuant to this article unless specifically authorized by this article.
A.R.S. § 38-767 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 767
38-767 Benefit increases; applicability
Status: in_force

38-767. Benefit increases; applicability

A. For a member whose membership commenced before the effective date of this amendment to this section, effective July 1 of each year, each retired member or beneficiary of a retired member is entitled to receive a permanent benefit increase in the base benefit equal to the amount determined in subsection D of this section if the retired member or beneficiary of a retired member was receiving benefits on or before July 31 of the previous calendar year. The annual permanent benefit increases shall be paid on a monthly basis. The benefit increase shall commence on July 1.

B. The total amount of the percentage increase provided in subsection A of this section shall not exceed four per cent in aggregate for all persons eligible for an increase.  The percentage payable from excess investment earnings shall be determined as follows:

1. Determine any excess investment earnings account balance available.

2. Determine the total excess investment earnings as provided in subsection C of this section.

3. Add the amount determined in paragraph 1 of this subsection to the amount determined in paragraph 2 of this subsection.

4. Determine one per cent of the actuarial present value of benefits for retired members and beneficiaries as of June 30 of the year prior to the year for which an increase is being granted.

5. Divide the amount determined in paragraph 3 of this subsection by the amount determined in paragraph 4 of this subsection.  If the quotient is equal to or more than four, the percentage increase payable from excess investment earnings on accounts associated with those persons eligible for an annual benefit increase pursuant to subsection A of this section is four per cent. If the quotient is one or more but less than four, the percentage increase payable from excess investment earnings on accounts associated with those persons eligible for an annual benefit increase pursuant to subsection A of this section is that per cent rounded to the nearest tenth of a per cent. If the quotient is less than one, no benefit increases shall be granted.

C. The excess investment earnings on accounts associated with those persons eligible for an annual benefit increase pursuant to subsection A of this section are equal to the actuarial present value of benefits for all retired members and beneficiaries as of June 30 of the year prior to the year for which an increase is being granted multiplied by the positive difference, if any, between the yield rate on the actuarial value of ASRS assets for the fiscal year that ended June 30 of the year prior to the year for which an increase is being granted and eight per cent.  The excess investment earnings on accounts associated with those persons eligible for an annual benefit increase pursuant to subsection A of this section are zero if the yield rate on ASRS assets is less than or equal to eight per cent.

D. The permanent benefit increase for each person entitled to receive an increase pursuant to subsection A of this section shall be determined based on years of credited service as follows:

1. Multiply the percentage determined in subsection B, paragraph 5 of this section by the actuarial present value of benefits for retired members and beneficiaries as of June 30 of the year prior to the year for which an increase is being granted.

2. Determine the actuarial present value of a one dollar per year of credited service annual increase in the base benefit amounts as of June 30 of the year prior to the year for which an increase is being granted, received by all persons entitled to receive an increase pursuant to subsection A of this section.

3. Divide the amount determined in paragraph 1 of this subsection by the amount determined in paragraph 2 of this subsection.

4. Multiply the amount determined in paragraph 3 of this subsection by the number of years of credited service for each retired member and the number of years of credited service earned by a retired member for each beneficiary entitled to receive an increase pursuant to subsection A of this section.

E. Any excess investment earnings on accounts associated with those persons eligible for an annual benefit increase pursuant to subsection A of this section from any year that are not used for benefit adjustments for that year are available for future benefit increases in the following years.

F. Monies available for future benefit increases shall earn interest at a rate of eight per cent per year.  This interest shall be used to pay the additional benefit increases provided for in subsection G of this section.

G. In addition to a benefit increase pursuant to subsection A of this section, if a retired member who was eligible for an annual benefit increase pursuant to subsection A of this section had more than ten years of credited service, the retired member or beneficiary of the retired member is entitled to receive a benefit increase based on the number of years following retirement as follows:

1. At least five years but less than ten years, a monthly benefit increase equal to the amount determined in subsection H of this section.

2. At least ten years but less than fifteen years, a monthly benefit increase equal to two times the amount determined in subsection H of this section.

3. At least fifteen years but less than twenty years, a monthly benefit increase equal to three times the amount determined in subsection H of this section.

4. At least twenty years but less than twenty-five years, a monthly benefit increase equal to four times the amount determined in subsection H of this section.

5. At least twenty-five years but less than thirty years, a monthly benefit increase equal to five times the amount determined in subsection H of this section.

6. At least thirty years, a monthly benefit increase equal to six times the amount determined in subsection H of this section.

H. The amount of the monthly benefit increase under subsection G of this section for a retired member or beneficiary of a retired member who is entitled to the increase when at least five years but less than ten years have elapsed since the retired member's retirement date is equal to the amount obtained by dividing the amount of interest credited pursuant to subsection F of this section by the amount that equals the sum of:

1. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of one dollar per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least five years but less than ten years have elapsed since the retired members' retirement dates.

2. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of two dollars per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least ten years but less than fifteen years have elapsed since the retired members' retirement dates.

3. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of three dollars per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least fifteen years but less than twenty years have elapsed since the retired members' retirement dates.

4. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of four dollars per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least twenty years but less than twenty-five years have elapsed since the retired members' retirement dates.

5. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of five dollars per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least twenty-five years but less than thirty years have elapsed since the retired members' retirement dates.

6. The actuarial present value, as of June 30 of the year prior to the year for which the increase is granted, of a benefit increase of six dollars per month for the retired members and beneficiaries of retired members who are eligible for an increase under subsection G of this section and for whom at least thirty years have elapsed since the retired members' retirement dates.

I. A member of the defined contribution program administered by ASRS is only eligible for the benefit increases pursuant to this section if the member elects to transfer irrevocably from the defined contribution program administered by ASRS to the defined benefit program established by this article.

J. The cost of the benefit increases granted pursuant to this section shall be added to the existing liabilities of ASRS.

K. As used in this section, the actuarial present value of benefits for retired members and beneficiaries does not include the value of benefits provided pursuant to section 38-783.
A.R.S. § 38-703 — Arizona Code / Title 38 / Chapter 5 / Article 1 / Section 703
38-703 Plans for coverage of employees of eligible political subdivisions; payroll audits
Status: in_force

38-703. Plans for coverage of employees of eligible political subdivisions; payroll audits

A. Each eligible political subdivision of this state may submit for approval by the state agency a plan for extending the benefits of title II of the social security act, in conformity with applicable provisions of the social security act, to employees of the eligible political subdivisions.  The state agency shall approve each plan and any amendment of the plan if it finds that the plan or amendment of the plan is in conformity with requirements of the state agency, except that a plan shall not be approved unless:

1. It is in conformity with the requirements of the social security act and with the agreement entered into under section 38-702.

2. It provides that all services that constitute employment and that are performed in the employ of the eligible political subdivision by employees of the political subdivision are covered by the plan.

3. It provides for such methods of administration of the plan by the eligible political subdivisions that the state agency finds to be necessary for the proper and efficient administration of the plan.

4. It provides that the eligible political subdivision make reports, in the form and containing the information, the state agency from time to time requires, and comply with provisions the state agency or the commissioner of social security from time to time finds necessary to assure the correctness and verification of the reports.

B. The state agency shall not finally refuse to approve a plan submitted by an eligible political subdivision under subsection A of this section without reasonable notice and the opportunity for a hearing to the political subdivision affected by the refusal.
A.R.S. § 38-822 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 822
38-822 Domestic relations orders; procedures; payments
Status: in_force

38-822. Domestic relations orders; procedures; payments

A. Notwithstanding any other law, in a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community property, or in any judicial proceeding to amend or enforce such a property distribution, a court in this state may issue a domestic relations order that provides that all or any part of a participant's benefit or refund in the plan that would otherwise be payable to that participant shall instead be paid by the plan to an alternate payee.  The value of a participant's benefit shall be the value on the earliest date of service of the petition for annulment, dissolution of marriage or legal separation.

B. A domestic relations order is not effective against the plan unless the domestic relations order is approved by the plan and qualifies as a plan approved domestic relations order.  To qualify as a plan approved domestic relations order, a domestic relations order shall comply with any policies or procedures adopted pursuant to subsection K of this section and shall also meet all of the following requirements:

1. The domestic relations order shall state the name and the last known mailing address of the participant and the name and last known mailing address of the alternate payee that is covered by the domestic relations order.

2. The domestic relations order shall clearly state the amount or percentage of the participant's benefits that is payable by the plan to the alternate payee or the precise manner in which the amount or percentage is to be determined.

3. The domestic relations order shall state the number of payments or periods to which the domestic relations order applies, if applicable.

4. The domestic relations order shall state that the domestic relations order applies to the plan.

5. The domestic relations order shall not require the plan to provide any type or form of benefit or any option not otherwise provided by this article.

6. The domestic relations order shall not require the plan to provide increased benefits determined on the basis of actuarial value.

7. The domestic relations order shall not require the payment of benefits to an alternate payee if the benefits are required to be paid to another alternate payee under a separate plan approved domestic relations order.

8. The domestic relations order shall have been issued by a court of competent jurisdiction of a state, territory or possession of the United States.

C. On receipt by the plan of a certified copy of a domestic relations order and a written request for a determination that the domestic relations order is a plan approved domestic relations order, the plan shall promptly issue a written notice of receipt stating that the domestic relations order and request were received to the participant and alternate payee at the addresses on file, if any.

D. The plan has a determination period to issue a written determination indicating whether a domestic relations order qualifies as a plan approved domestic relations order.  If the participant is receiving benefits during the determination period and if the plan can determine the amount of the benefits that currently would be payable to the alternate payee if the domestic relations order were a plan approved domestic relations order, the plan shall hold the segregated funds and shall pay the remaining portion of the benefits to the participant. If the plan determines the domestic relations order is a plan approved domestic relations order, the plan shall pay the participant and alternate payee pursuant to the plan approved domestic relations order in the month following the month in which the determination was issued or in the month following the month in which a benefit is payable under the plan approved domestic relations order, whichever is later. If the plan determines the domestic relations order fails to qualify as a plan approved domestic relations order, the plan shall specify in its determination how the domestic relations order is deficient and how it may be amended to qualify as a plan approved domestic relations order.  If the participant is currently receiving benefits, and if the plan can determine the amount of segregated funds that would be payable to the alternate payee if the domestic relations order were a plan approved domestic relations order, the plan shall hold the segregated funds during the cure period to allow the parties to submit a certified copy of an amended domestic relations order and a written request for a determination that the amended domestic relations order is a plan approved domestic relations order.  During the cure period, the plan shall pay the participant's portion to the participant.  At the end of the cure period, if the issue of whether an amended domestic relations order qualifies as a plan approved domestic relations order remains undetermined or if an amended domestic relations order is determined not to be a plan approved domestic relations order, the plan shall pay the segregated funds and the participant's portion to the participant.  The participant shall hold the segregated funds in trust for the alternate payee as provided in subsection J of this section. If an amended domestic relations order that is submitted after the expiration of the cure period is determined to be a plan approved domestic relations order, the plan shall make payments to an alternate payee under the plan approved domestic relations order only prospectively. A determination by the plan that a domestic relations order is not a plan approved domestic relations order does not prohibit a participant or alternate payee from submitting an amended domestic relations order to the plan.

E. Each participant and alternate payee is responsible for maintaining a current mailing address on file with the plan. The plan has no duty to attempt to locate any participant or alternate payee. The plan has no duty to provide a notice of receipt or determination or pay benefits by means other than mailing the notice or payments to the participant or alternate payee at the last known address that is on file with the plan.  If the address of an alternate payee is unknown to the plan, but benefits are payable to the alternate payee pursuant to a plan approved domestic relations order, the plan shall either:

1. Hold the alternate payee's portion until the alternate payee provides the plan with a current address.  Once the plan is notified of the alternate payee's current address, the plan shall prospectively pay the alternate payee's portion to the alternate payee.

2. Pay the alternate payee's portion to the participant, who shall hold the alternate payee's portion in trust as provided in subsection J of this section, until the alternate payee is located.  At that time, the participant shall pay the alternate payee's portion directly to the alternate payee.

F. If the address of a participant is unknown to the plan, but benefits are payable to the participant pursuant to a plan approved domestic relations order, the plan shall hold the participant's portion until the participant provides the plan with a current address.

G. If the alternate payee identified in a plan approved domestic relations order predeceases the participant and the plan approved domestic relations order does not otherwise provide for the disposition of the alternate payee's interest, the plan shall pay the alternate payee's portion to the personal representative of the deceased alternate payee pursuant to this subsection.  The personal representative is responsible for maintaining a current mailing address on file with the plan.  The plan has no duty to attempt to locate any personal representative.  The plan is not responsible for making benefit payments to a personal representative until the personal representative has both:

1. Persuaded the plan that the personal representative is authorized to receive payments designated for the deceased alternate payee.

2. Provided the plan with an address to which the payments should be sent.

H. If, within thirty days after the date the plan verifies an alternate payee's death, a personal representative does not make demand on the plan for the alternate payee's portion, the plan shall either:

1. Hold the alternate payee's portion until the time a personal representative makes a proper demand for payment of the alternate payee's portion.

2. Remit the alternate payee's portion to the participant, who shall hold the amounts in trust for the estate of the alternate payee until the personal representative is identified.  At that time, the participant shall pay the alternate payee's portion paid by the plan to the participant to the personal representative.

Thereafter, the plan shall prospectively pay the alternate payee's portion to the personal representative.

I. Amounts held or paid pursuant to this section shall not accrue interest unless otherwise prescribed by this article.

J. The plan is not liable to the participant, the alternate payee, any personal representative of the estate of an alternate payee or any other person for any amount paid, withheld or disbursed by the plan pursuant to this section.  If one or more payments are made by the plan to a person not otherwise entitled to receive the payments, the recipient of the payment is designated a constructive trustee for the payment received and, together with the marital community, if any, is the sole party against whom an action may be brought to recover the payment.

K. The plan may adopt policies and procedures that govern the implementation of this section.
A.R.S. § 38-266 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 266
38-266 Judgment on original and additional bonds; contribution of sureties
Status: in_force

38-266. Judgment on original and additional bonds; contribution of sureties

A. If separate judgments are recovered on the bonds for the same cause of action, the plaintiff is entitled to have execution issued on both judgments, but he shall only collect by execution or otherwise the amount actually adjudged to him on the same causes of action, together with the costs of both actions.

B. When the sureties on either bond have been compelled to pay any amount of money on account of the principal obligor therein, they are entitled to recover of the sureties on the remaining bond, a distributive part of the amount thus paid, in the proportion which the penalties of the bonds bear one to the other, and to the amount thus paid, respectively.
A.R.S. § 38-431.05 — Arizona Code / Title 38 / Chapter 3 / Article 3.1 / Section 431.05
38-431.05 Meeting held in violation of article; business transacted null and void; ratification
Status: in_force

38-431.05. Meeting held in violation of article; business transacted null and void; ratification

A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B.

B. A public body may ratify legal action taken in violation of this article in accordance with the following requirements:

1. Ratification shall take place at a public meeting within thirty days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence.

2. The notice for the meeting shall include a description of the action to be ratified, a clear statement that the public body proposes to ratify a prior action and information on how the public may obtain a detailed written description of the action to be ratified.

3. The public body shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the public body that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken.

4. The public body shall make available to the public the notice and detailed written description required by this section at least seventy-two hours in advance of the public meeting at which the ratification is taken.
A.R.S. § 38-834 — Arizona Code / Title 38 / Chapter 5 / Article 3.1 / Section 834
38-834 Credit for military service
Status: in_force

38-834. Credit for military service

A. An active member of the defined contribution system who volunteers or is ordered to perform military service may receive years of service for not more than sixty months of military service as provided by the uniformed services employment and reemployment rights act of 1994 (38 United States Code part III, chapter 43).  The member's employer shall make employer contributions and the member shall make the member contributions pursuant to subsection B of this section if the member meets the following requirements:

1. Was an active member of the defined contribution system on the day before the member began military service.

2. Entered into and served in the armed forces of the United States or any military reserve unit of any branch of the armed forces of the United States or is a member of the national guard.

3. Complies with the notice and return to work provisions of 38 United States Code section 4312.

B. Contributions made pursuant to subsection A of this section are for the period of time beginning on the date the member began military service and ending on the later of one of the following dates:

1. The date the member is separated from military service.

2. The date the member is released from service-related hospitalization or two years after initiation of service-related hospitalization, whichever date is earlier.

3. The date the member dies as a result of or during military service.

C. Notwithstanding any other law, on payment of the contributions made pursuant to subsection B of this section, the member shall be credited with service for vesting purposes for the period of military service of not more than sixty months.  The member shall submit a copy of the military discharge certificate (DD-256A) and a copy of the military service record (DD-214) or its equivalent with the member's application when applying for service corresponding to the period of military service.

D. The employer and the member shall make contributions pursuant to subsection A of this section as follows:

1. Contributions are based on the compensation that the member would have received but for the period that the member was ordered into or volunteered for military service.

2. If the employer cannot reasonably determine the member's rate of compensation for the period that the member was ordered into or volunteered for military service, contributions are based on the member's average rate of compensation during the twelve-month period immediately preceding the period of military service.

3. If a member has been employed less than twelve months before being ordered into or volunteering for military service, contributions are based on the member's compensation being earned immediately preceding the period of military service.

4. The member has up to three times the length of military service, not to exceed sixty months, to make the member contributions. Once the member has made the member contributions or on receipt of the member's death certificate, the employer shall make the employer contributions in a lump sum.  Death benefits shall be calculated as prescribed by law.

5. If the member's employer pays military differential wage pay to members serving in the military, contributions are paid to the defined contribution system pursuant to section 38-833 for any military differential wage pay paid to the member while performing military service.

E. In computing the length of total credited service of a member for the purpose of disability in accordance with article 3.2 of this chapter, the period of military service, as prescribed by this section, is included.

F. If a member performs military service due to a presidential call-up, not to exceed forty-eight months, the employer shall make the employer and member contributions computed pursuant to subsection D of this section on the member's return and in compliance with subsection A of this section.

G. In addition to, but not in duplication of, the provisions of subsection A of this section, beginning January 1, 2014, contributions, benefits and credited service provided pursuant to this section are provided pursuant to section 414(u) of the internal revenue code, and this section shall be interpreted in a manner consistent with that internal revenue code section.

H. For plan years beginning after January 1, 2014, a member who does not currently perform services for an employer by reason of qualified military service as defined in section 414(u)(5) of the internal revenue code is not considered having a severance from employment during that qualified military service.  Any payments by the employer to the member during the qualified military service shall be considered compensation to the extent those payments do not exceed the amounts the member would have received if the member had continued to perform services for the employer rather than entering qualified military service.

I. For deaths occurring from and after January 1, 2014, in the case of a member who dies while performing qualified military service as defined in section 414(u)(5) of the internal revenue code, the survivors of the member are entitled to any benefits, other than benefit accruals relating to the period of qualified military service, provided under the defined contribution system as though the member resumed and then terminated employment on account of death.
A.R.S. § 38-886.01 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 886.01
38-886.01 Ordinary disability retirement; qualifications; amount of pension; conditions for continued payment of pension; definition
Status: in_force

38-886.01. Ordinary disability retirement; qualifications; amount of pension; conditions for continued payment of pension; definition

A. A member may retire and receive an ordinary disability pension if the local board finds that all of the following conditions occur:

1. An application for disability retirement is filed with the retirement plan or the local board by either the member or the member's participating employer after the disabling incident or within one year after the date the member ceases to be an employee and the member's employment is terminated before the member's normal retirement date by reason of ordinary disability. Timely application for an ordinary disability pension is a prerequisite to receipt of the pension.

2. The member undergoes all medical examinations and tests ordered by the local board and releases to the local board all medical reports and records requested by the local board.

3. The local board determines that an ordinary disability condition exists that meets the requirements for an ordinary disability.

4. The member is not participating in the reverse deferred retirement option plan pursuant to section 38-885.01.

B. The effective date of an ordinary disability retirement shall not predate the date of disability or the date the member ceases to be an employee, and the disability pension payments shall not violate section 38-895.02.

C. Except for a full-time dispatcher or a person who becomes a member of the plan on or after January 1, 2012, the amount of an ordinary disability pension is equal to a fraction times the member's normal retirement pension that is computed pursuant to section 38-885, subsection C as if the member had twenty years of credited service. The fraction is the result obtained by dividing the member's actual years of credited service, not to exceed twenty years of credited service, by twenty. For a full-time dispatcher or a person who becomes a member of the plan on or after January 1, 2012, the amount of an ordinary disability pension is equal to a fraction times the member's normal retirement pension that is computed pursuant to section 38-885, subsection E as if the member had twenty-five years of credited service or subsection F as if the member had twenty-five years of credited service. The fraction is the result obtained by dividing the member's actual years of credited service, not to exceed twenty-five years of credited service, by twenty-five.

D. The local board may require a retired member with a disability to undergo periodic reevaluation of the continuation of ordinary disability. If the retired member with a disability refuses to submit to reevaluation, the local board may suspend payment of the pension. If the refusal continues for one year, the local board may revoke the rights to the pension of the retired member with a disability.  An ordinary disability pension is terminated if the local board finds the retired member no longer meets the requirements for ordinary disability retirement. This subsection does not apply after a retired member with a disability reaches the member's normal retirement date. The amount of a disability pension shall not be recomputed at the normal retirement date of a retired member with a disability.

E. A member does not qualify for an ordinary disability pension if the local board determines that the member's disability results from any of the following:

1. An injury suffered while engaged in a felonious criminal act or enterprise.

2. Service in the armed forces of the United States that entitles the member to a veteran's disability pension.

3. A physical or mental condition or injury that existed or occurred before the member's date of membership in the plan.

F. Local boards shall base a finding of ordinary disability on medical evidence that is obtained by a designated physician or a physician working in a clinic selected by the local board and shall disregard any other medical evidence or opinions.  If the local board retains more than one physician or clinic in connection with the application, the local board shall resolve any material conflicts presented in the medical evidence that is presented by the designated physicians or clinics.

G. If an ordinary disability ceases before a retired member reaches the member's normal retirement date and the member is reemployed by an employer under the plan, the pension payable on the member's subsequent retirement shall be determined as provided in section 38-885.

H. For the purposes of this section, "ordinary disability" means a physical condition that the local board determines will prevent an employee from totally and permanently performing a reasonable range of duties within the employee's department or a mental condition that the local board determines will prevent an employee from totally and permanently engaging in any substantial gainful activity.
A.R.S. § 38-921 — Arizona Code / Title 38 / Chapter 5 / Article 7 / Section 921
38-921 Transfer of retirement service credits from one retirement system or plan to another retirement system or plan in this state; definitions
Status: in_force

38-921. Transfer of retirement service credits from one retirement system or plan to another retirement system or plan in this state; definitions

A. An active or inactive member of a state retirement system or plan, including the retirement system provided for in article 2 of this chapter, the elected officials' retirement plan provided for in article 3 of this chapter, the public safety personnel retirement system provided for in article 4 of this chapter or the corrections officer retirement plan provided for in article 6 of this chapter, may transfer service credits from one system or plan to the member's current or former system or plan pursuant to section 38-922 if all of the following conditions are met:

1. The board governing the retirement system or plan from which the service credits are being transferred mutually agrees with the board governing the retirement system or plan to which the service credits are being transferred regarding the terms of the transfer.

2. The transfer does not cause either the retirement system or plan to which the transfer is made or the retirement system or plan from which the transfer is made to incur any unfunded accrued liabilities as a result of the transfer.

3. The member initiates the transfer by making written application to the governing board of the retirement system or plan to which the member is contributing or has contributed.

B. For the purposes of this section:

1. "Active member" means a member who satisfies the eligibility criteria of the state retirement system or plan and who is currently making member contributions to or receiving credited service from the state retirement system or plan.

2. "Inactive member" means a member of the state retirement system or plan who previously made contributions to the state retirement system or plan and who satisfies each of the following:

(a) Has not retired.

(b) Is not eligible for active membership in the state retirement system or plan.

(c) Is not currently making contributions to the state retirement system or plan.

(d) Has not withdrawn contributions from the state retirement system or plan.
A.R.S. § 38-810.03 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 810.03
38-810.03 Compensation limitation; adjustments
Status: in_force

38-810.03. Compensation limitation; adjustments

A. The annual compensation of each member taken into account for purposes of the plan shall not exceed the following:

1. Beginning January 1, 1996 through December 31, 2001, one hundred fifty thousand dollars.

2. Beginning January 1, 2002, two hundred thousand dollars.

B. If compensation under the plan is determined for a period of time that contains fewer than twelve calendar months, the compensation limit for that period of time is equal to the dollar limit for the calendar year during which the period of time begins, multiplied by the fraction in which the numerator is the number of full months in that period of time and the denominator is twelve.

C. The board shall adjust the annual compensation limits under this section at the same time and in the same manner as adjusted by the United States secretary of the treasury under section 401(a)(17)(B) of the internal revenue code.  The adjustment under this subsection for a calendar year applies to annual compensation for the plan year that begins with or within the calendar year.
A.R.S. § 38-721 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 721
38-721 Administration account
Status: in_force

38-721. Administration account

A. ASRS shall maintain an administration account consisting of all monies for administrative purposes. The following monies shall be deposited in the administration account:

1. All monies appropriated by the legislature to pay administrative expenses of ASRS.

2. All monies received for proportionate shares of administrative expenses from departments that pay the salaries of their officers and employees wholly or in part from monies received from sources other than appropriations from the state general fund.

3. All monies received for proportionate shares of administrative expenses from political subdivisions paying employer contributions.

4. Monies that the director transfers from the investment account and that are necessary for the payment of expenditures made pursuant to subsections C and D of this section.

B. Except as provided in subsection C of this section, expenditures from the administration account shall be made in accordance with board directives, subject to legislative appropriation.

C. Expenditures for the following are continuously appropriated and shall be paid from the administration account in the amount deemed necessary by the board:

1. Investment management fees and related consulting fees necessary to meet the board's investment objectives.

2. Rent.

3. Actuarial consulting fees.

4. Retiree payroll.

D. With the approval of the board, the director:

1. May expend monies from the administration account for staff, expenses and related consulting fees necessary to implement section 38-714, subsection E, paragraph 1 and subsection I, paragraphs 2 and 3, section 38-718, subsection D, paragraph 5 and sections 38-755 and 38-756.

2. Shall pay from the administration account the costs for administering the health insurance program for retired members pursuant to section 38-782, the cost of continuing education programs for the board and the cost of legal counsel.
A.R.S. § 38-854 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 854
38-854 Guarantees from prior systems
Status: in_force

38-854. Guarantees from prior systems

A. An employee covered under the prior systems set forth in sections 9-912 to 9-934, inclusive, and in sections 9-951 to 9-971, inclusive, or prior statutes amended thereby and antecedent thereto, and covered under such prior systems on June 30, 1968, and who becomes a member of this system shall nevertheless retain the right to elect, prior to retirement, benefits under this system or to elect benefits under the employee's prior system for which the employee's service and age make the employee eligible, provided that an employee shall elect in writing at the time benefits are claimed the system under which the employee elects to have the employee's eligibility for benefits and the amount thereof determined. Such election shall be irrevocable on retirement and shall be filed with the employee's local board.

B. An employee of the state highway patrol who was a member of the state highway patrol retirement system on June 30, 1968 and who became a member on July 1, 1968 and who qualifies for a pension under the system, shall have the employee's pension determined in an actuarial equivalent form of payment such that the system's benefits shall not be less than the amount payable during this period under the preexisting system. Any such employee shall nevertheless retain rights to elect to receive any benefit for which the employee's service and age make the employee eligible, including but not limited to the following:

1. The employee shall be entitled to a pension if the employee's employment terminates after attainment of age sixty and completion of at least twenty years of service in an amount equal to fifty per cent of the employee's average monthly compensation.

2. The employee shall be entitled to a separation benefit in the form of a deferred vested pension if the employee's employment terminates after completion of at least twenty years of service, provided that the employee leaves the employee's accumulated contributions on deposit with the fund.
A.R.S. § 38-749 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 749
38-749 Employer termination incentive program; employer payment of actuarial cost; definitions
Status: in_force

38-749. Employer termination incentive program; employer payment of actuarial cost; definitions

A. If a termination incentive program that is offered by an employer results in an actuarial unfunded liability to ASRS, the employer shall pay to ASRS the amount of the unfunded liability.  ASRS shall determine the amount of the unfunded liability in consultation with its actuary.

B. An employer shall notify ASRS if the employer plans to implement a termination incentive program that may affect ASRS funding.

C. If ASRS determines that an employer has implemented a termination incentive program that results in an actuarial unfunded liability to ASRS, ASRS shall assess the cost of the unfunded liability to that employer.  If the employer does not remit full payment of all monies due within ninety days after being notified by ASRS of the amount due, the unpaid amount accrues interest until the amount is paid in full.  The interest rate is the interest rate assumption that is approved by the board for actuarial equivalency for the period in question to the date payment is received.

D. For the purposes of this section:

1. "Termination incentive program" means either:

(a) A total increase in compensation of thirty percent or more that is given to a member in any one or more years before termination that are used to calculate the member's average monthly compensation if that increase in compensation is used to calculate the member's retirement benefit and that increase in compensation is not attributed to a promotion.

(b) Anything of value, including any monies, credited service or points that the employer provides to or on behalf of a member that is conditioned on the member's termination except for payments to an employee for accrued vacation, sick leave or compensatory time, unless the payment is enhanced beyond the employer's customary payment.

2. "Unfunded liability" means either:

(a) For the purposes of assessing a cost for an unfunded liability from a termination incentive program as defined in paragraph 1, subdivision (a) of this subsection, the increase in accrued liability attributable to the portion of the benefit that is based on the member's average monthly compensation at the time of retirement in excess of the thirty percent threshold as calculated using the lump sum actuarial factors in effect at the time of the calculation, as provided by the ASRS actuary.

(b) For the purposes of assessing a cost for an unfunded liability resulting from a termination incentive program as defined in paragraph 1, subdivision (b) of this subsection, the difference between the accrued liability using the ASRS valuation assumptions calculated for the member assuming the member retires under the termination incentive program and the accrued liability using the ASRS valuation assumptions, which if necessary may be modified by the ASRS actuary, calculated for the member assuming the member is still an active member.
A.R.S. § 38-891.01 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 891.01
38-891.01 Retired member; return to work; employer contributions
Status: in_force

38-891.01. Retired member; return to work; employer contributions

A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an employee of the employer in a designated position.  This section applies to a retired member who has been retired for more than six consecutive months.

B. The alternate contribution rate shall be equal to that portion of the individual employer's total required contribution that is applied to the amortization of the unfunded actuarial accrued liability for the fiscal year beginning July 1, based on the fund's actuary's calculation of the total required contribution for the preceding fiscal year ended on June 30. The alternate contribution rate shall be applied to the compensation, gross salary or contract fee of a retired member who meets the requirements of this section.

C. The alternate contribution rate shall not be less than six percent in any fiscal year.

D. All contributions made by the employer and allocated to the fund established by section 38-882 are irrevocable and shall be used as benefits under this article or to pay the expenses of the plan. Payments made pursuant to this section by employers become delinquent after the due date prescribed in section 38-891, subsection C, and thereafter shall be increased by interest from and after that date until payment is received by the plan.

E. An employer of a retired member shall submit any reports, data, paperwork or materials that are requested by the board and that are necessary to determine the compensation, gross salary or contract fee associated with a retired member who returns to work or to determine the function, use, efficacy or operation of the return to work program.
A.R.S. § 38-817 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 817
38-817 Group health and accident coverage for retired members; payment; applicability; forfeiture of interest
Status: in_force

38-817. Group health and accident coverage for retired members; payment; applicability; forfeiture of interest

A. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of the single coverage premium of any group health and accident insurance for each retired member or survivor of the plan who receives a pension if the retired member had eight or more years of credited service under the plan.  In order to qualify for payment pursuant to this subsection, the retired member or survivor shall elect single coverage and must have elected to participate in the coverage provided in section 38-651.01 or 38-782 or any other retiree health and accident insurance coverage provided or administered by an employer.  The board shall pay up to:

1. One hundred fifty dollars per month for each retired member or survivor of the plan who is not eligible for medicare.

2. One hundred dollars per month for each retired member or survivor of the plan who is eligible for medicare.

B. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of the family coverage premium of any group health and accident insurance each month for a retired member or survivor who elects family coverage and who otherwise qualifies for payment pursuant to subsection A of this section.  The board shall pay up to:

1. Two hundred sixty dollars per month if the retired member or survivor of the plan and one or more dependents are not eligible for medicare.

2. One hundred seventy dollars per month if the retired member or survivor of the plan and one or more dependents are eligible for medicare.

3. Two hundred fifteen dollars per month if either:

(a) The retired member or survivor of the plan is not eligible for medicare and one or more dependents are eligible for medicare.

(b) The retired member or survivor of the plan is eligible for medicare and one or more dependents are not eligible for medicare.

C. Each retired member or survivor of the plan with less than eight years of credited service and a dependent of such a retired member or survivor who participates in the coverage provided by section 38-651.01 or 38-782 or who participates in any other retiree health and accident insurance coverage provided or administered by an employer is entitled to receive a proportion of the full benefit prescribed by subsection A or B of this section according to the following schedule:

1. 7.0 to 7.9 years of credited service, ninety percent.

2. 6.0 to 6.9 years of credited service, seventy-five percent.

3. 5.0 to 5.9 years of credited service, sixty percent.

4. Those with less than five years of credited service do not qualify for the benefit.

D. The board shall not pay more than the amount prescribed in this section for a benefit recipient as a member or survivor of the plan.

E. A retired member or survivor of the plan may elect to purchase individual health care coverage and receive a payment pursuant to this section through the retired member's former employer if that former employer assumes the administrative functions associated with the payment, including verification that the payment is used to pay for health insurance coverage if the payment is made to the retired member or survivor of the plan.

F. This section does not apply to a retired member or survivor of the plan who becomes a retired member or survivor on or after September 13, 2013 and who is reemployed and participates in health care coverage provided by the member's or survivor's new employer.

G. The board shall establish a separate account that consists of the benefits provided in this section.  The board shall deposit the benefits provided by this section in the account.  The board shall not use or divert any part of the corpus or income of the account for any purpose other than the provision of benefits pursuant to this section unless the liabilities to provide the benefits pursuant to this section are satisfied. If the liabilities to provide the benefits described in this section are satisfied, the board shall return any amount remaining in the account to the employer.

H. Payment of the benefits provided by this section is subject to the following conditions:

1. The payment of the benefits is subordinate to the payment of retirement benefits payable by the plan.

2. The total of contributions for the benefits and actual contributions for life insurance protection, if any, shall not exceed twenty-five percent of the total actual employer and employee contributions to the plan, minus the contributions to fund past service credits, after the day the account is established.

3. The contributions by the employer to the account shall be reasonable and ascertainable.

I. If a member who is eligible for benefits under this section forfeits the member's interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture shall be applied as soon as possible to reduce employer contributions to fund the benefits provided by this section.
A.R.S. § 38-940 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 940
38-940 Board rules; procedures; discretionary fiduciary duty
Status: in_force

38-940. Board rules; procedures; discretionary fiduciary duty

A. The board may adopt rules, policies and procedures regarding the prefunding plan, including administering and investing the assets transferred into the prefunding plan by participating employers, investment options and termination of employer's participation in the prefunding plan, as the board deems necessary to implement this article. The board, in administering and investing the prefunding plan, may employ services, including legal services, and do all acts, whether expressly authorized, that it deems necessary or appropriate for defending, protecting or advancing the prefunding plan.

B. The board has full discretionary fiduciary authority to determine all questions arising in connection with administering and investing the prefunding plan, including its interpretation and any factual questions arising under the prefunding plan.  Any determination, authorization, approval, request, requirement or other action, election or decision, including the setting of terms and conditions, in connection with the prefunding plan by the board pursuant to this article is subject to, and shall be made in, the sole and absolute discretion of the board.  The board, individual trustees, the administrator, deputy or assistant administrators and employees of the board do not guarantee the prefunding plan in any manner against loss or depreciation, are not personally liable for any act or failure to act made in their official capacity in good faith and are indemnified from the assets of the prefunding plan for any judgment against any of them, including attorney fees, costs and expenses reasonably incurred in the defense of any claim arising from any act or failure to act made in good faith. The board may appear before and maintain an action in political subdivisions of this state, courts and other forums, in each case through a representative or counsel appointed by the board, as the board deems necessary or appropriate, to defend, protect, advance or otherwise assert the interests of the prefunding plan, the board, a trustee or member of the board, the administrator, deputy or assistant administrators, employees of the board and participating employers.

C. A trustee or member of the board is, in discharging duties with respect to or in connection with the prefunding plan or the system, entitled to rely on, among other things, information, opinions, reports or statements, including financial statements and other financial data, prepared or presented by any of the following:

1. The administrator, one or more deputy or assistant administrators or employees of the system whom the trustee or member of the board reasonably believes are reliable and competent in the matters presented.

2. Legal counsel, public accountants or other persons as to matters the trustee or member of the board reasonably believes are within the person's professional or expert competence.

3. A committee of the board of which the trustee or member of the board is not a member if the trustee or member of the board reasonably believes the committee merits confidence.

D. A trustee or member of the board is not liable for any action taken as a trustee or member of the board or any failure to take any action if the duties of the trustee or member of the board were performed in compliance with section 38-848.04.  In any legal proceeding or other forum, a trustee or member of the board has all of the defenses and presumptions ordinarily available to a trustee or member of the board.  A trustee or member of the board is presumed in all cases to have acted, failed to act or otherwise discharged such duties in accordance with section 38-848.04 and any other applicable law.  The burden is on the party challenging the act, failure to act or other discharge of duties of or by a trustee or member of the board to establish by clear and convincing evidence facts rebutting the presumption.
A.R.S. § 38-772 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 772
38-772 Prior service under defined contribution program administered by ASRS; definitions
Status: in_force

38-772. Prior service under defined contribution program administered by ASRS; definitions

A. Amounts required of employers as provided in section 38-737, subsections A and B are in addition to any payments required of employers on behalf of prior service credits under the defined contribution program administered by ASRS arising from members of ASRS. Payments made to ASRS on behalf of members with those prior service credits shall reduce by that amount the payments required to be paid to the defined contribution program administered by ASRS for those prior service credits.

B. Notwithstanding section 38-757, subsection B, any prior service credits to which the member was entitled under the defined contribution program administered by ASRS shall be added to the product of section 38-757, subsection B, paragraphs 1 and 2.

C. For the purposes of this section:

1. "Prior service" means service for this state or a political subdivision of this state before membership in the defined contribution program administered by ASRS.

2. "Prior service credits" means the amount that is allowed for services before membership in the defined contribution program administered by ASRS and that is payable as a retirement benefit.
A.R.S. § 38-720 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 720
38-720 ASRS depository
Status: in_force

38-720. ASRS depository

A. Exclusively for the purposes of this article, the board shall establish an ASRS depository that is separate and apart from all other public monies or funds of this state. The ASRS depository shall be a bank in which ASRS monies are deposited and collateralized as provided by law. The ASRS depository consists of subsidiary accounts for administration, retirement and investment. ASRS shall place all monies that come into its custody from any source in the ASRS depository.

B. Any monies not currently needed in the administration account or the retirement account may be invested to provide the maximum income.
A.R.S. § 38-267 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 267
38-267 Discharge of sureties
Status: in_force

38-267. Discharge of sureties

A. When any sureties on the official bond of an officer wish to be discharged from their liability, they and such officer may procure such discharge if the officer will execute a new bond to be approved and filed as the original bond. Upon the filing and approval of the new bond, the first sureties are exonerated from all further liability, but their bond remains in full force as to all liabilities incurred previous to the approval of the new bond.

B. The liability of the sureties in each new bond is in all respects the same and may be enforced in like manner as the liability of the sureties in the original bond.
A.R.S. § 38-853 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 853
38-853 Transfer of credited service
Status: in_force

38-853. Transfer of credited service

A member who terminates employment with an employer and accepts a position with the same or another employer participating in the system, after completing an application that is acceptable to the board, shall have the member's credited service transferred to the member's record with the new employer provided the member leaves the member's accumulated contributions on deposit with the fund. The termination of employment shall not constitute a break in service. However, the period not employed shall not be considered as service.
A.R.S. § 38-776 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 776
38-776 Spousal waiver and consent
Status: in_force

38-776. Spousal waiver and consent

A. A member's current spouse may consent to one of the following requirements established in section 38-755 or 38-760 by signing and submitting an acknowledgement in a manner established by ASRS:

1. A change of beneficiary that provides the member's current spouse with less than fifty per cent of the member's account balance.

2. The member's retirement application that does not name the member's current spouse as a contingent annuitant of a joint and survivor annuity.

3. A change or rescission of the member's current spouse's contingent annuitant status.

B. If the member's current spouse is not capable of executing the acknowledgement because of an incapacitating mental or physical condition, a power of attorney or guardian may execute the acknowledgment on the current spouse's behalf.

C. The member may affirm in writing under penalty of perjury in a manner determined by ASRS that spousal consent is not required because of one of the following reasons:

1. The member is not married.

2. The member's current spouse has no identifiable community property interest in the member's benefits.

3. The member does not know, and has taken all reasonable steps to determine, the location of the member's current spouse.

4. The member has received notification from the board that a domestic relations order is acceptable pursuant to section 38-773 and that domestic relations order requires ASRS to pay benefits to an alternate payee that is contrary to the requirements of section 38-760.

5. Obtaining consent violates another law, an existing contract or a court order.

D. This section does not abrogate any community property laws of this state.

E. Payments or distributions made by ASRS in good faith reliance on the consent or waiver of a member's current spouse, the affirmations of a member contained in documents submitted to ASRS pursuant to this section or the member's indication to ASRS that the member is not married constitute a full and complete discharge and release of all liability of the board or ASRS, or both, respecting these payments or distributions.

F. If questions arise as to the distribution of a particular member's account, ASRS shall use reasonable judgment to distribute the account in a manner that is consistent with Arizona community property laws and interpretations of those laws.
A.R.S. § 38-844.09 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 844.09
38-844.09 Internal revenue code compliance
Status: in_force

38-844.09. Internal revenue code compliance

The deferred retirement plan option shall not jeopardize in any way the tax qualified status of the system under the rules of the internal revenue service. The board may adopt additional provisions to the extent necessary or appropriate for the deferred retirement option plan to comply with applicable federal laws or rules.
A.R.S. § 38-750 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 750
38-750 Transfers out of the system
Status: in_force

38-750. Transfers out of the system

A. If an employee has made an irrevocable election pursuant to section 38-747, subsection B or D and transfers participation to another defined benefit retirement system or plan of this state without a termination of employment, within ninety days after the date of the transfer, ASRS shall transfer to the subsequent defined benefit retirement system or plan the amount the employee paid for the purchase of the credited service plus interest as determined by ASRS.

B. If the assets transferred from ASRS are less than the cost of the benefits accrued relative to the credited service as calculated pursuant to section 38-922, subsection B, paragraph 2, and unless a law otherwise provides, the employee shall elect either to pay the difference to the subsequent defined benefit retirement system or plan or accept a reduced amount of service credits.  If the employee elects to pay the difference, the amount paid shall be added to the employee's accumulated contribution account balance. If the employee elects to accept a reduced amount of service credits, the amount of service credits granted shall be equal to the amount of service credits purchased multiplied by the ratio of the amount of assets transferred to the amount calculated pursuant to section 38-922, subsection B, paragraph 2.

C. The transferred employee and the employer shall complete the terms of the irrevocable election by making payments to ASRS.

D. If the employee is given an election to transfer to another defined benefit retirement system or plan of this state or to remain with the employee's current retirement system, on termination of employment the employee shall elect to have ASRS:

1. Promptly transfer to the subsequent defined benefit retirement system or plan the principal amount paid by the employee for the purchase of credited service plus interest as determined by ASRS.  If an unfunded liability is created, subsection B of this section applies.  If the employee fails to elect to have the assets transferred within thirty days after termination of employment, the employee is deemed to have made an election as prescribed in paragraph 2.

2. On written request by the employee, promptly return to the employee the principal amount paid by the employee for the purchase of credited service plus interest as determined by ASRS.  If no application is received by ASRS within sixty days after termination of employment, ASRS shall issue the payment directly to the employee.

E. If the employee is not given an election to transfer to another defined benefit retirement system or plan of this state or to remain with the employee's current retirement system, after termination of employment the employee may elect within thirty days of termination of employment to have ASRS promptly transfer to the subsequent defined benefit retirement system or plan the principal amount paid by the employee for the purchase of credited service plus interest as determined by ASRS.  If an unfunded liability is created, subsection B of this section applies. If the employee fails to make the election under this subsection, ASRS shall deem the employee as an inactive member of ASRS.

F. If an employee is given an election to transfer to another defined benefit retirement system or plan of this state or to remain with the employee's current retirement system and the employee is receiving a benefit pursuant to this article based on the employee's own service or article 2.1 of this chapter, the employee is eligible to transfer to the retirement system or plan, but the election to transfer terminates the benefit from ASRS on the effective date of the transfer.

G. If an employee is not given an election to transfer to another defined benefit retirement system or plan of this state or to remain with the employee's current retirement system and the employee is receiving a benefit pursuant to this article based on the employee's own service or article 2.1 of this chapter, the employee is not eligible to transfer to another retirement system or plan.
A.R.S. § 38-626 — Arizona Code / Title 38 / Chapter 4 / Article 2 / Section 626
38-626 Out-of-state travel; approval; exemptions
Status: in_force

38-626. Out-of-state travel; approval; exemptions

A. When the official duties or activities of a public officer, deputy or employee of the state or of any department, institution, commission, board or other agency of the state necessitate out-of-state travel, the travel order shall be countersigned by the agency head or by the president of the respective university for its university employees and is authority to pay the claims from any funds available for such travel. The agency head or the university president may delegate the authority to countersign out-of-state travel orders. Except as provided by subsection B, the department of administration shall:

1. Adopt policies and procedures for the approval of out-of-state travel orders.

2. Disseminate these policies and procedures to all agencies.

3. Perform compliance reviews on out-of-state travel orders for compliance with the policies and procedures.

4. Require that all outside travel orders shall be available for public inspection.

B. The Arizona board of regents is responsible for implementing the provisions of subsection A, paragraphs 1, 3 and 4, for the universities under its jurisdiction.

C. The requirements of subsection A shall not apply under the following:

1. When, by the shortest practical routing, travel through an adjoining state is necessary to reach remote areas of this state.

2. When any legislative member, officers and employees of the legislature, the legislative council, joint legislative budget committee members and employees, and other legislative interim committee members are traveling on official business.
A.R.S. § 38-808 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 808
38-808 Pension payments; computation of amounts; termination
Status: in_force

38-808. Pension payments; computation of amounts; termination

A. Plan retirement commences on the first day of the month following the date of the member's retirement or death. Pension payments shall be received on or about the first day of the month next following the member's plan retirement. The last pension payment shall be made as of the last day of the month in which the death of the retired member or the surviving spouse or minor children occurs. Pension payments shall not be made in advance.

B. For a member who becomes a member of the plan before January 1, 2012, the monthly pension shall be equal to one-twelfth of the following amount:

1. Four percent of the member's average yearly salary multiplied by the member's credited service, not to exceed eighty percent of the member's average yearly salary. This amount shall be reduced if the member takes early retirement pursuant to section 38-805, subsection C. The amount of reduction is three-twelfths of one percent for each month the retired member's early retirement age precedes the member's normal retirement age pursuant to section 38-805, subsection A, except that the reduction shall not be more than thirty percent.

2. A member who meets the requirements for a disability retirement pension shall receive a disability pension equal to four percent of the member's average yearly salary multiplied by twenty years of credited service if the member has ten or more years of credited service, four percent of the member's average yearly salary multiplied by ten years of credited service if the member has five or more years of credited service but fewer than ten years of credited service or four percent of the member's average yearly salary multiplied by five years of credited service if the member has fewer than five years of credited service.

C. The monthly pension of a member who becomes a member of the plan on or after January 1, 2012 shall be equal to one-twelfth of the following amount:

1. Three percent of the member's average yearly salary multiplied by the member's credited service, not to exceed seventy-five percent of the member's average yearly salary.

2. A member who meets the requirements for a disability retirement pension shall receive a disability pension equal to three percent of the member's average yearly salary multiplied by twenty-five years of credited service if the member has ten or more years of credited service, three percent of the member's average yearly salary multiplied by twelve and one-half years of credited service if the member has five or more years of credited service but fewer than ten years of credited service or three percent of the member's average yearly salary multiplied by 6.25 years of credited service if the member has fewer than five years of credited service.

D. The plan shall make payments pursuant to section 401(a)(9) of the internal revenue code and the regulations that are issued under that section. Notwithstanding any other provision of this plan, beginning January 1, 1987, payment of benefits to a member shall commence not later than April 1 of the calendar year following the later of:

1. The calendar year in which the member attains seventy-two years of age.

2. The date the member terminates employment.

E. If all pension payments terminate before an amount equal to the member's accumulated contributions has been paid, the difference between the member's accumulated contributions and the aggregate amount of pension payments shall be paid to the person or persons and in such shares as designated by the retired member in writing and filed with the board.  If the designated person or persons do not survive the retired member, the difference shall be paid to the estate of the retired member.
A.R.S. § 38-810.01 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 810.01
38-810.01 Internal revenue code qualification
Status: in_force

38-810.01. Internal revenue code qualification

The legislature intends that the plan is a qualified pension plan under section 401 of the internal revenue code, as amended, or successor provisions of law, and that the trust is exempt from taxation under section 501 of the internal revenue code, as amended.  The assets of the fund are held in trust for the exclusive benefit of the members and beneficiaries of the plan.  The board may adopt such additional provisions to the plan as are necessary to fulfill this intent.
A.R.S. § 38-627 — Arizona Code / Title 38 / Chapter 4 / Article 2 / Section 627
38-627 Use of state equipment out of state
Status: in_force

38-627. Use of state equipment out of state

The agency head or the president of a university may authorize the use of state equipment outside of this state when the agency head or president ascertains in writing that no other means of transportation is available or no service of the type required is provided by existing common carriers or the use of state transportation equipment outside the state will best serve the interests of this state.
A.R.S. § 38-865.01 — Arizona Code / Title 38 / Chapter 5 / Article 4.1 / Section 865.01
38-865.01 Definition of participant
Status: in_force

38-865.01. Definition of participant

For the purposes of this article, "participant" includes a member as defined in section 38-842, paragraph 31, subdivision (a) or (b), excluding subdivision (a), item (vi), who is hired on or after January 1, 2012 and before July 1, 2017, who is not covered by the federal old age and survivors insurance system and who is a member of the system.
A.R.S. § 38-401 — Arizona Code / Title 38 / Chapter 3 / Article 1 / Section 401
38-401 Office hours for state offices
Status: in_force

38-401. Office hours for state offices

State offices shall be kept open for transaction of business from eight o'clock a.m. until five o'clock p.m. each day from Monday through Friday except:

1. On holidays.

2. In implementing an agency furlough if the department of administration has authorized the state office to be closed in order to meet the furlough requirements.  An agency that receives this authorization shall ensure that appropriate notice is given to notify the public of the office closure.

3. As otherwise provided by law.
A.R.S. § 38-462 — Arizona Code / Title 38 / Chapter 3 / Article 5 / Section 462
38-462 Powers and duties of deputies
Status: in_force

38-462. Powers and duties of deputies

A. Unless otherwise provided, each deputy of a state or county officer possesses the powers and may perform the duties prescribed by law for the office of the principal.

B. When the official name of any principal officer is used in law conferring power, or imposing duties, liabilities or prohibitions, it includes the officer's deputies.
A.R.S. § 38-1139 — Arizona Code / Title 38 / Chapter 8 / Article 2 / Section 1139
38-1139 Critical incident stress management team member; privilege; exceptions; definitions
Status: in_force

38-1139. Critical incident stress management team member; privilege; exceptions; definitions

A. Except as provided in subsection B of this section, a critical incident stress management team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a probation officer shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.

B. Subsection A of this section does not apply if:

1. The communication or advice indicates clear and present danger to the probation officer who received crisis response services or to other persons.

2. The probation officer who received crisis response services gives express consent to the testimony.

3. The communication or advice is made during the course of a criminal investigation.

4. The probation officer who received crisis response services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.

5. A breach of department policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement.

C. For the purposes of this section:

1. "Crisis response services" means consultation, risk assessment, referral and onsite crisis intervention services provided by a critical incident stress management team to a probation officer.

2. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.

3. "Department" means the branch of government in which a probation officer is employed.

4. "Emergency medical provider" means municipal or state emergency medical services personnel.

5. "Firefighter" means a municipal or state firefighter.
A.R.S. § 38-844.10 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 844.10
38-844.10 Deferred retirement option plan; employer; extension approval
Status: in_force

38-844.10. Deferred retirement option plan; employer; extension approval

(Rpld. 1/1/28)

Notwithstanding the age and service requirements prescribed in section 38-844.03, an employer may approve, for a member of the public safety personnel retirement system who is participating in the deferred retirement option plan on the effective date of this section, an extension of the member's period of participation for up to an additional twenty-four months.
A.R.S. § 38-442 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 442
38-442 Persons acting as public officers without qualifying; classification; effect of acts
Status: in_force

38-442. Persons acting as public officers without qualifying; classification; effect of acts

A. A person who exercises a function of a public office without taking the oath of office, or without giving the required bond, is guilty of a class 2 misdemeanor.

B. This section shall not affect the validity of acts done by a person exercising the functions of a public office in fact, where persons other than himself are interested in maintaining the validity of such acts.
A.R.S. § 38-805.01 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 805.01
38-805.01 Resignation; time frame; normal retirement pension; reemployment; employer contributions
Status: in_force

38-805.01. Resignation; time frame; normal retirement pension; reemployment; employer contributions

A. Notwithstanding any age and service requirement specified in section 38-805, an elected official who is a member of the elected officials' retirement plan and who gives an irrevocable notice of resignation on or before July 29, 2022 with a date of resignation and retirement of not later than September 30, 2022 may receive pension payments for normal retirement as specified in section 38-808 if the member meets either of the following:

1. Has attained fifty-five years of age with ten years of credited service.

2. Has attained fifty-nine and one-half years of age with five years of credited service.

B. Notwithstanding the reemployment provisions of section 38-804, a member who retires pursuant to this section and who subsequently becomes an elected official may not:

1. Make contributions to the plan.

2. Accrue credited service under the plan while the retired member is holding office.

3. Participate in the elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter.

C. If a member retires pursuant to this section and subsequently becomes an elected official, regardless of when the retired member returns to work, the employer shall pay contributions at an alternate contribution rate as required and calculated pursuant to section 38-810.04.
A.R.S. § 38-508 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 508
38-508 Authority of public officers and employees to act
Status: in_force

38-508. Authority of public officers and employees to act

A. If the provisions of section 38-503 prevent an appointed public officer or a public employee from acting as required by law in his official capacity, such public officer or employee shall notify his superior authority of the conflicting interest. The superior authority may empower another to act or such authority may act in the capacity of the public officer or employee on the conflicting matter.

B. If the provisions of section 38-503 prevent a public agency from acting as required by law in its official capacity, such action shall not be prevented if members of the agency who have apparent conflicts make known their substantial interests in the official records of their public agency.
A.R.S. § 38-645 — Arizona Code / Title 38 / Chapter 4 / Article 3 / Section 645
38-645 Coverage
Status: in_force

38-645. Coverage

A. Coverage provided under the program shall provide benefits to eligible persons to pay for expenses that are designated by the board and that are incurred in the treatment of cancer, including treatments by clinics or providers outside of the United States.

B. The board may provide for additional coverage or exclusions under the program based on available monies in the public safety cancer insurance policy program account.

C. Coverage under the public safety cancer insurance policy program may be canceled, changed or terminated by the board at any time without notice.  If the program is terminated, the board shall refund monies in the public safety cancer insurance policy program account on a pro rata basis to employers, excluding monies held in reserve for benefits as determined by the board.

D. If the program is self-insured, benefits are limited to the assets in the public safety cancer insurance policy program account and those benefits may be reduced or eliminated at any time.
A.R.S. § 38-444 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 444
38-444 Asking or receiving illegal gratuity or reward; classification
Status: in_force

38-444. Asking or receiving illegal gratuity or reward; classification

A public officer who knowingly asks or receives any emolument, gratuity or reward, or any promise thereof, excepting those authorized by law, for doing any official act, is guilty of a class 6 felony.
A.R.S. § 38-702 — Arizona Code / Title 38 / Chapter 5 / Article 1 / Section 702
38-702 Federal-state agreement
Status: in_force

38-702. Federal-state agreement

A. On behalf of this state the governor may enter into an agreement with the commissioner of social security, consistent with this article, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees of this state or any political subdivision of this state with respect to services that are specified in the agreement and that constitute employment.

B. The agreement may contain provisions relating to coverage, benefits, contributions, effective date, modification of the agreement, notification of dissolution of entities, administration and other appropriate provisions to which the state agency and commissioner of social security agree, except that the agreement shall provide in effect the following, unless otherwise required under the social security act:

1. Benefits shall be provided for employees whose services are covered by the agreement, and their dependents and survivors, on the same basis as though the services constituted employment within the meaning of title II of the social security act.

2. The agreement is effective with respect to services in employment covered by the agreement performed after a date specified in the agreement, but in no event may it be effective with respect to services performed before the first day of the calendar year in which the agreement is entered into or in which the modification of the agreement making it applicable to the services is entered into, but an agreement or modification of an agreement entered into within the period permitted for retroactive coverage of employees under the agreement by title II of the social security act may provide in the agreement or modification of the agreement that the agreement or modification of the agreement is effective with respect to services performed after January 1, 1951, or any date after that date.

3. All services that constitute employment and that are performed in the employ of this state by employees of this state are covered by the agreement.

4. All services that constitute employment performed in the employ of an eligible political subdivision of this state and that are covered by a plan that is in conformity with the terms of the agreement and that has been approved by the state agency under section 38-703 are covered by the agreement.

5. All services described in either paragraph 3 or 4 and performed by individuals in positions covered by a retirement system with respect to which the governor has issued a certificate to the commissioner of social security pursuant to section 38-706.
A.R.S. § 38-848.04 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 848.04
38-848.04 Board fiduciary obligations and duties; enforcement; definitions
Status: in_force

38-848.04. Board fiduciary obligations and duties; enforcement; definitions

A. The board and any other fiduciary of the system shall discharge their duties:

1. Solely in the interest of the members and beneficiaries.

2. For the exclusive purpose of providing benefits to members and beneficiaries and paying reasonable expenses in administering the plans and systems administered by the board.

3. With the care, skill and caution under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose.

4. Impartially, taking into account any differing interests of members and beneficiaries.

5. Incurring only costs that are appropriate and reasonable.

6. Pursuant to a good faith interpretation of the law governing the retirement plans and systems administered by the board.

B. In investing and managing assets of the retirement plans and systems administered by the board, a trustee with authority to invest and manage assets:

1. Shall consider at least the following:

(a) The general economic conditions.

(b) The possible effect of inflation or deflation.

(c) The role that each investment or course of action plays within the overall portfolio of the retirement plans and systems administered by the board or appropriate grouping of plans or systems.

(d) The expected total return from income and the appreciation of capital.

(e) The needs for liquidity, regularity of income and preservation or appreciation of capital.

(f) For defined benefit plans, the adequacy of funding for the plan based on reasonable actuarial factors.

2. Shall diversify the investments of the retirement plans and systems administered by the board or appropriate grouping of plans or systems unless the trustee reasonably determines that, because of special circumstances, it is clearly prudent not to do so.

3. Shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement plan or system.

4. May invest in any kind of property or type of investment consistent with this article.

5. May consider benefits created by an investment in addition to investment return only if the trustee determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.

C. A trustee with authority to invest and manage assets of a retirement plan or system shall adopt a statement of investment objectives and policies for each retirement plan and system administered by the board or appropriate grouping of plans or systems.  The statement must include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority and information on the types of reports to be used to evaluate investment performance.  At least annually, the trustee shall review the statement and change or reaffirm it.

D. In evaluating the performance of a trustee or any other fiduciary of the plan or system:

1. Compliance with this section must be determined in light of the facts and circumstances existing at the time of the trustee's or fiduciary's decision or action and not by hindsight.

2. The trustee's investment and management decisions must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the retirement plans and systems administered by the board or appropriate grouping of plans or systems.

E. An employer, member, beneficiary or fiduciary may maintain an action in which the court may award reasonable attorney fees and costs to either party:

1. To enjoin an act, practice or omission that violates this section.

2. For appropriate equitable relief to redress the violation of or to enforce this section.

F. For the purposes of this section:

1. "Fiduciary" means a person who does any of the following:

(a) Exercises any discretionary authority to manage a retirement plan or system administered by the board.

(b) Exercises any authority to invest or manage assets of a retirement plan or system administered by the board.

(c) Provides investment advice for a fee or other direct or indirect compensation with respect to assets of the system or has any authority or responsibility to do so.

(d) Serves as a trustee or member of the board.

2. "Trustee" means a person who has ultimate authority to manage a retirement system or plan or to invest or manage its assets.
A.R.S. § 38-741 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 741
38-741 Reemployment of inactive member
Status: in_force

38-741. Reemployment of inactive member

A. ASRS shall return to active status an inactive member who terminates employment with an employer without terminating membership in ASRS and who later is reemployed by the same or another employer.

B. On retirement, ASRS shall disburse benefits derived from service for all employers that employed the member.

C. Retirement benefits attributable to service before membership in ASRS, if any, shall be paid only by the employer from which the retiring member obtained entitlement to the benefits as provided in section 38-729.
A.R.S. § 38-938 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 938
38-938 Annual financial statements; audit
Status: in_force

38-938. Annual financial statements; audit

The board shall cause the annual financial statements of the prefunding plan to be prepared in accordance with the applicable governmental accounting standards and an audit to be conducted of those financial statements by a qualified independent certified accounting firm for each fiscal year in accordance with the applicable governmental auditing standards.
A.R.S. § 38-844 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 844
38-844 Requirements for retirement benefits and disability pensions
Status: in_force

38-844. Requirements for retirement benefits and disability pensions

A. A member shall be eligible for a normal pension on retirement on or after the member's normal retirement date.  Payment of a normal pension shall commence as of the first day of the month following the date of retirement, and the last payment shall be made as of the last day of the month in which the death of the retired member occurs.

B. A member is eligible for an accidental disability pension if the member's employment is terminated by reason of accidental disability. A member is eligible for an ordinary disability pension if the member's employment is terminated before the member's normal retirement date by reason of ordinary disability. A member shall file an application for a disability pension after the disabling incident or within one year after the date the member ceases to be an employee. Timely application for an accidental, catastrophic or ordinary disability pension is a prerequisite to receipt of the pension. Payment of an accidental, catastrophic or ordinary disability pension shall commence as of the first day of the month following the date of retirement or the expiration of a period during which the member is receiving sick leave payments or a temporary disability pension, whichever is later, but not earlier than section 38-845.02 allows for retroactive payments.  The last payment shall be made as of the last day of the month in which the death of the retired member occurs, or if disability ceases before the member's normal retirement date, the first day of the month in which disability ceases.

C. A member is eligible for a catastrophic disability pension if the member's employment is terminated by reason of catastrophic disability.  If more than the allowable catastrophic disability pensions are approved by the local boards in a calendar year, from and after December 31 of the following calendar year a member of the system is not eligible to apply for a catastrophic disability pension. On or before January 31, the board of trustees shall report to the president of the senate and the speaker of the house of representatives the number of catastrophic disability pensions that were approved by the local boards in the preceding calendar year. For the purposes of this subsection, "allowable catastrophic disability pensions" means for calendar year 2004, ten, and for subsequent calendar years the number of allowable catastrophic disability pensions allowed in the prior calendar year minus the number of catastrophic disability pensions approved by the local boards in the prior calendar year plus four.

D. Notwithstanding any other provision of this section, no member shall qualify for an accidental, catastrophic or ordinary disability pension if the local board determines that the member's disability results from the following:

1. An injury suffered while engaged in a felonious criminal act or enterprise.

2. Service in the armed forces of the United States that entitles the member to a veteran's disability pension.

3. A physical or mental condition or injury that existed or occurred before the member's date of membership in the system.

E. Accidental or ordinary disability shall be considered to have ceased and an accidental or ordinary disability pension terminates if the member:

1. Has sufficiently recovered, in the opinion of the local board, based on a medical examination by a designated physician or a physician working in a clinic that is appointed by the local board, to be able to engage in a reasonable range of duties within the member's department and the member refuses an offer of employment by an employer in the system.

2. Refuses to undergo any medical examination requested by the local board, provided that a medical examination shall not be required more frequently than once in any calendar year.

F. Sixty months after the award of a catastrophic disability pension, the local board shall reevaluate the member.  If the member still qualifies for the catastrophic disability pension, the member is entitled to continue to receive the pension at the reduced amount prescribed in section 38-845, subsection E. A catastrophic disability shall be considered to have ceased and a catastrophic disability pension terminates if the local board determines that the member has sufficiently recovered and is able to engage in gainful employment based on a medical examination by a designated physician or a physician working in a clinic that is appointed by the local board. After the sixty-month review, the catastrophic disability shall be considered to have ceased and a catastrophic disability pension terminates if the local board determines that the member has sufficiently recovered and is able to engage in gainful employment based on a medical examination by a designated physician or a physician working in a clinic that is appointed by the local board, except that the medical examination shall not be required more frequently than once in a calendar year. The medical review after the sixty-month period does not apply after the date the catastrophic disability pensioner would have attained twenty-five years of service assuming the pensioner remained a member of the system. The local board shall also terminate a catastrophic disability pension if the member refuses to undergo any medical examination requested by the local board. A member whose catastrophic disability pension is terminated may apply for and if eligible is entitled to receive an accidental disability pension as provided in this section.

G. Subsection E of this section does not apply after a disability pensioner's normal retirement date.  The amount of a disability pension shall not be recomputed at a disability pensioner's normal retirement date.

H. If accidental or ordinary disability ceases before a retired member attains the member's normal retirement date and the member is reemployed by an employer, the member shall be treated as if the member has been on an uncompensated leave of absence during the period of the member's disability retirement and shall be a contributing member of the system.  The pension payable on the member's subsequent retirement shall be determined as provided in section 38-845.

I. A member shall be eligible for a temporary disability pension if the member's employment is terminated before the member's normal retirement date by reason of temporary disability. Payment of a temporary disability pension shall commence as of the first day of the month following the date of disability or the expiration of a period during which the member is receiving compensation and sick leave payments, whichever is later. The last payment shall be made as of the first day of the month in which either the death of the member occurs or the local board deems the member is no longer under temporary disability, whichever first occurs, provided that not more than twelve monthly temporary disability payments shall be made in total to the member.

J. If on the expiration of a temporary disability pension the local board finds on application that the member has an accidental or ordinary disability, the member shall be eligible for an accidental or ordinary disability pension, as provided in this section.

K. The system shall make payments pursuant to section 401(a)(9) of the internal revenue code and the regulations that are issued under that section. Notwithstanding any other provision of the system, beginning January 1, 1987 payment of benefits to a member shall commence not later than April 1 of the calendar year following the later of:

1. The calendar year in which the member attains seventy-two years of age.

2. The date the member terminates employment.
A.R.S. § 38-810.04 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 810.04
38-810.04 Retired member; return to work; employer contributions
Status: in_force

38-810.04. Retired member; return to work; employer contributions

A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an elected official of the employer.  This section applies to a retired member who has been retired for more than one full term for that office.

B. The alternate contribution rate shall be equal to that portion of the total required contribution that is applied to the amortization of the unfunded actuarial accrued liability for the fiscal year beginning July 1, based on the plan's actuary's calculation of the total required contribution for the preceding fiscal year ended on June 30.  The alternate contribution rate shall be applied to the compensation, gross salary or contract fee of a retired member who meets the requirements of this section.

C. The alternate contribution rate shall not be less than ten per cent in any fiscal year.

D. All contributions made by the employer and allocated to the fund established by section 38-802 are irrevocable and shall be used as benefits under this article or to pay the expenses of the plan. Payments made pursuant to this section by employers become delinquent after the due date prescribed in section 38-810, subsection E, and thereafter shall be increased by interest from and after that date until payment is received by the plan.

E. An employer of a retired member shall submit any reports, data, paperwork or materials that are requested by the board and that are necessary to determine the compensation, gross salary or contract fee associated with a retired member who returns to work or to determine the function, use, efficacy or operation of the return to work program.
A.R.S. § 38-431.04 — Arizona Code / Title 38 / Chapter 3 / Article 3.1 / Section 431.04
38-431.04 Writ of mandamus
Status: in_force

38-431.04. Writ of mandamus

Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public.
A.R.S. § 38-1001 — Arizona Code / Title 38 / Chapter 7 / Article 1 / Section 1001
38-1001 Definitions
Status: in_force

38-1001. Definitions

In this chapter, unless the context otherwise requires:

1. "Council" means the merit system council for law enforcement officers appointed under the provisions of this article.

2. "Department" means the branch of government in which a law enforcement officer is employed.

3. "Department head" means the officer charged with the duty of administering the branch of government having the jurisdiction over the law enforcement officer.

4. "Law enforcement officer" means:

(a) A regularly appointed and paid deputy sheriff of a county.

(b) A regularly employed police officer in a city or town.
A.R.S. § 38-954 — Arizona Code / Title 38 / Chapter 5 / Article 8 / Section 954
38-954 Vesting
Status: in_force

38-954. Vesting

A. Employee contributions and earnings on employee contributions are immediately vested.

B. Employer matching contributions, if any, and the earnings on employer matching contributions are vested and the employee is entitled to receive employer matching contributions and earnings on those contributions as follows:

1. If the employee has less than one year of credited service in an eligible group, zero per cent.

2. If the employee has at least one year but less than two years of credited service in an eligible group, twenty per cent.

3. If the employee has at least two years but less than three years of credited service in an eligible group, forty per cent.

4. If the employee has at least three years but less than four years of credited service in an eligible group, sixty per cent.

5. If the employee has at least four years but less than five years of credited service in an eligible group, eighty per cent.

6. If the employee has at least five years of credited service in an eligible group, one hundred per cent.

C. All nonvested employer contributions and earnings on those contributions may be used to pay for the administrative costs of the plan.
A.R.S. § 38-1133 — Arizona Code / Title 38 / Chapter 8 / Article 2 / Section 1133
38-1133 Discipline of probation officers
Status: in_force

38-1133. Discipline of probation officers

A. A probation officer is not subject to disciplinary action except for just cause.

B. This section does not apply to:

1. A dismissal or demotion that is for administrative purposes, including a reduction in force.

2. A probation officer who has not completed an initial probationary period if a probationary period is required by the employer.
A.R.S. § 38-840.05 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.05
38-840.05 Contribution rate
Status: in_force

38-840.05. Contribution rate

A. Employer contributions shall be a percentage of gross compensation for each member, as the system actuary determines pursuant to this section. The actuary shall make this determination in an annual valuation performed as of June 30.  The valuation as of June 30 of a calendar year shall determine the percentage to be applied to compensation for the fiscal year beginning July 1 of the following calendar year.  The actuary shall determine the total employer contribution using an actuarial cost method consistent with generally accepted actuarial standards. The total employer contributions shall be equal to the employer normal cost plus the amount required to amortize the past service funding requirement over a period consistent with generally accepted actuarial standards.

B. All contributions made by the employer and allocated to the EODC disability program trust fund established by section 38-840.02 are irrevocable and shall be used as benefits under this article or to pay expenses of the EODC disability program.
A.R.S. § 38-1113 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1113
38-1113 Carrying of firearms by peace officers; exceptions; definitions
Status: in_force

38-1113. Carrying of firearms by peace officers; exceptions; definitions

A. Notwithstanding any other law and except as provided pursuant to subsection C of this section, a peace officer shall not be prohibited from carrying a firearm, except that if the peace officer is employed as a law enforcement officer in this state, the peace officer must be in compliance with the firearm requirements prescribed by the Arizona peace officer standards and training board.

B. Notwithstanding any other law and except as provided pursuant to subsection C, paragraphs 1, 2, 4, 5, 6, 7 and 8 of this section, a retired peace officer shall not be prohibited from carrying a firearm.

C. A peace officer or retired peace officer may be prohibited from carrying a firearm as follows:

1. In a jail, correctional facility or juvenile detention facility.

2. Except for peace officers acting in their official capacity and carrying official peace officer identification, by order of:

(a) The presiding judge or justice when attending any court that is established pursuant to the constitution of this state or title 12, except if the peace officer or retired peace officer is providing court security or responding to an emergency.

(b) A justice court when attending the justice court, except if the peace officer or retired peace officer is providing court security or responding to an emergency.

(c) A municipal court when attending the municipal court, except if the peace officer or retired peace officer is providing court security or responding to an emergency.

3. When the peace officer is relieved of duty and is under a criminal or administrative investigation.

4. When in a secured police facility.

5. When consuming alcohol at a licensed liquor establishment, except if a peace officer's employing agency authorizes the consumption of alcohol in the performance of the peace officer's duties.

6. In a location prohibited by federal law.

7. Pursuant to court order.

8. Pursuant to any state or federal law that makes the officer a prohibited possessor.

9. When in the judgment of the department head, or the department head's designee, the peace officer exhibits any impairment, including any physical or mental impairment that would cause concern for the well-being and safety of the officer, the officer's law enforcement agency, law enforcement agency employees or the community.

D. A law enforcement agency that employs a peace officer may establish rules that are consistent with this section. The law enforcement agency may determine the number, type, model, caliber and brand of firearm and the ammunition that is carried by its peace officers on or off duty.

E. A presiding judge may establish rules or policies that are consistent with this section for the protection of the court.

F. This section does not create any civil liability for acting or failing to act.

G. For the purposes of this section:

1. "Firearm" has the same meaning prescribed in section 13-105.

2. "Peace officer" has the same meaning prescribed in section 1-215 and includes:

(a) Municipal, county and state prosecutors who annually pass a pistol qualifying examination that is approved by the Arizona peace officer standards and training board for obtaining and maintaining peace officer certification requirements and that is conducted by an Arizona peace officer standards and training board recognized instructor or a national rifle association certified firearms instructor.

(b) A person who is employed as a law enforcement officer by any state or political subdivision of any state of the United States or any Indian tribe and who is certified by an entity in that state, political subdivision or tribal government that is equivalent to the Arizona peace officer standards and training board.

(c) A federally certified law enforcement officer.

3. "Relieved of duty" means when a peace officer is no longer required to perform, either temporarily or permanently, the duties for which the officer was employed.

4. "Retired peace officer" means a person who has honorably served as a law enforcement officer in the United States for at least ten consecutive years and who possesses a photographic identification or a letter from a law enforcement agency that states the person has served for at least ten consecutive years as a law enforcement officer in the United States.

5. "Secured police facility" means a building or structure that is used primarily by a public agency and that is not accessible to the general public except by controlled access.
A.R.S. § 38-933 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 933
38-933 Administration and investment by the board; investment options; administrative costs
Status: in_force

38-933. Administration and investment by the board; investment options; administrative costs

A. The board shall have the sole and exclusive control of the administration and investment of the prefunding plan.

B. The board shall administer and invest the prefunding plan as provided in this article.  Notwithstanding any other provision of this title, the board shall offer each participating employer investment options for monies in the prefunding plan consisting of cost-effective, diversified investment portfolios in publicly traded investment options that do not exceed the risk and return profiles established by the board, consistent with the board's fiduciary duty.

C. Except as otherwise specified in this article, the provisions of article 4 of this chapter pertaining to the administration and investment of the system, including delegation of authority to the administrator and others persons, supplement this article.

D. The board may keep assets of the prefunding plan separate or commingle the assets of the prefunding plan in one or more group trusts, subject to the crediting of assets, receipts and earnings and charging of payments to the appropriate employer.

E. All assets of and income earned on the prefunding plan shall be credited to the prefunding plan.

F. Each participating employer shall pay the reasonable administrative costs as determined by the board in its sole and absolute discretion for the administration and investment of the prefunding plan.  The board shall deposit in the prefunding plan all monies received by the board for those administrative costs.
A.R.S. § 38-262 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 262
38-262 Defects in form, approval or filing of bond
Status: in_force

38-262. Defects in form, approval or filing of bond

When an official bond does not contain the substantial matter or conditions required by law, or when there are any defects in the approval or filing thereof, such defects shall not discharge the officer and his sureties, and they are bound to the state, or party injured, according to the conditions and obligations required by law to be inserted therein. The state or the injured party may in an action upon the bond, suggest the defect in the bond, approval or filing, and recover the proper and equitable demand or damages from the officer and the persons who intended to become and were included as sureties in the bond.
A.R.S. § 38-867.02 — Arizona Code / Title 38 / Chapter 5 / Article 4.1 / Section 867.02
38-867.02 Trustee-to-trustee transfers from system; definitions
Status: in_force

38-867.02. Trustee-to-trustee transfers from system; definitions

A. A trustee-to-trustee transfer made pursuant to section 38-844.06, subsection C shall be deposited in a separate transfer account established on behalf of the participant and made immediately available for the participant's beneficiary to either withdraw all or any portion of the deposited monies or directly transfer all or any portion of the monies to an eligible retirement plan in accordance with section 401(a)(31) of the internal revenue code.

B. For the purposes of this section:

1. "Beneficiary" means the person designated as the beneficiary of a participant's deferred retirement option plan participation account pursuant to section 38-844.07.

2. "Participant" means a member as defined in section 38-842, paragraph 31, subdivision (a), item (vi) or (b), who has both:

(a) Elected to enter into the deferred retirement option plan established by section 38-844.02.

(b) Died while a participant in the deferred retirement option plan.

3. "Separate transfer account" means a fully vested and nonforfeitable separate account under the defined contribution plan established by the trustee in accordance with subsection A of this section.
A.R.S. § 38-1119 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1119
38-1119 Law enforcement officers; database; notice; request for reconsideration; definitions
Status: in_force

38-1119. Law enforcement officers; database; notice; request for reconsideration; definitions

A. At least ten days, or as soon as practicable, before a prosecuting agency makes a determination to place a law enforcement officer's name in the rule 15.1 database, the prosecuting agency shall send a written notice by mail or email to the law enforcement officer's current or last known employment address. On receipt of the notice, the law enforcement officer's current or last known employer shall send the written notice to the law enforcement officer's current or last known address.

B. At a minimum, the written notice shall include:

1. A notice of possible placement in the rule 15.1 database.

2. The law enforcement officer's right to request relevant materials from the prosecuting agency.

3. The law enforcement officer's right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the law enforcement officer's name should be added to the rule 15.1 database.

4. The prosecuting agency's procedural requirements for a law enforcement officer to provide the input.

C. If the prosecuting agency makes a determination to place the law enforcement officer's name in the rule 15.1 database, the prosecuting agency shall send a written notice by mail or email to the law enforcement officer's current or last known employment address. On receipt of the notice, the law enforcement officer's current or last known employer shall send the written notice to the law enforcement officer's current or last known address. The notice shall include:

1. The law enforcement officer's right to make a request to reconsider the allegations and placement in the rule 15.1 database.

2. The prosecuting agency's procedural requirements for submitting a written request for reconsideration, including the method and time frame for submitting the request for reconsideration and any supporting and corroborating documents and evidence from any pertinent sources.

3. A statement that, if the law enforcement officer intends to make a request to reconsider the placement in the rule 15.1 database, the law enforcement officer must submit the written request for reconsideration to the prosecuting agency within ten business days after receiving the notice.

D. If a law enforcement officer submits a request for reconsideration pursuant to this section and the law enforcement officer's request for reconsideration is approved by the prosecuting agency on its merits, the law enforcement officer's name shall be removed from the rule 15.1 database. If the law enforcement officer's request for reconsideration is denied by the prosecuting agency, the law enforcement officer's name shall remain in the rule 15.1 database. If a law enforcement officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, the law enforcement officer's name shall remain in the rule 15.1 database.

E. A prosecuting agency that maintains a rule 15.1 database shall adopt a policy that, at a minimum, includes all of the following:

1. The criteria used by the prosecuting agency to place a law enforcement officer's name in the rule 15.1 database.

2. The law enforcement officer's right to receive written notice at least ten days, or as soon as practicable, before the prosecuting agency makes a determination to place the law enforcement officer's name in the rule 15.1 database and the law enforcement officer's right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the law enforcement officer's name should be added to the rule 15.1 database.

3. The duty of the prosecuting agency to provide notice of the prosecuting agency's decision regarding placing the law enforcement officer's name in the rule 15.1 database to the law enforcement officer's current or last employer.

4. The law enforcement officer's right to make a request for reconsideration of the placement of the law enforcement officer's name in the rule 15.1 database and submit supporting and corroborating documents and evidence in support of the request for reconsideration.

5. The applicable time frame and procedures for notifying the law enforcement officer of the prosecuting agency's final decision on the law enforcement officer's request for reconsideration.

F. This section does not limit the duty of a prosecuting agency to produce rule 15.1 disclosure information in all cases as required by the United States Constitution, the Arizona Constitution and the Arizona rules of criminal procedure, including after the initial placement of the law enforcement officer's name in the rule 15.1 database while the decision or a request for reconsideration is still under consideration.

G. This section does not limit or restrict a prosecuting agency's ability to remove a law enforcement officer's name from the rule 15.1 database if, on receipt of additional supporting and corroborating information or a change in factual circumstances at any time, the prosecuting agency determines that the law enforcement officer's name no longer requires placement in the rule 15.1 database.

H. A law enforcement agency may not use the placement of a law enforcement officer's name in a rule 15.1 database as the sole reason for taking or denying any of the following employment actions against the law enforcement officer:

1. Demotion.

2. Suspension.

3. Termination.

4. Any other disciplinary action.

I. Notwithstanding subsection H of this section, a law enforcement agency is not restricted in using the underlying facts that were the basis for placing the law enforcement officer's name in the rule 15.1 database for taking a disciplinary action against the law enforcement officer in accordance with the law enforcement agency's adopted procedures and governing law.

J. A prosecuting agency shall use the rule 15.1 database for only the following purposes:

1. To make a charging decision.

2. To disclose information that is required by:

(a) The United States constitution.

(b) The Arizona constitution.

(c) Rule 15.1 of the Arizona rules of criminal procedure and any other rule that is adopted by the supreme court.

(d) Title 39, chapter 1, article 2.

3. Any other legal obligation.

K. For the purposes of this section:

1. "Prosecuting agency" means the attorney general, a county attorney from each county and the entity in a city or town that is responsible for prosecuting criminal violations.

2. "Rule 15.1 database" or "database" means any list that a prosecuting agency maintains to comply with the United States Constitution, the Arizona constitution, rule 15.1, Arizona rules of criminal procedure, or any other rule that is adopted by the Arizona supreme court.
A.R.S. § 38-1007 — Arizona Code / Title 38 / Chapter 7 / Article 1 / Section 1007
38-1007 Exemptions
Status: in_force

38-1007. Exemptions

Except as provided by section 38-1004, subsection C, the provisions of this article shall not apply to:

1. A county having a population, according to the last federal census, of less than two hundred fifty thousand inhabitants, unless the board of supervisors of such county passes a resolution adopting the provisions of this article.

2. A city or town with a population of less than fifteen thousand inhabitants according to the last federal census, or with a full-time police department of less than fifteen men, unless the city council of such city or town passes an ordinance adopting the provisions of this article.

3. A city or town in which there is maintained a merit system or civil service plan for its employees.
A.R.S. § 38-1108 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1108
38-1108 Polygraph examinations; exception
Status: in_force

38-1108. Polygraph examinations; exception

A. An employer may not administer a polygraph examination to a law enforcement officer in administrative investigations.

B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.

C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.

D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.

E. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.
A.R.S. § 38-870.01 — Arizona Code / Title 38 / Chapter 5 / Article 4.2 / Section 870.01
38-870.01 Disability program; administration; power and duties of the board; hearing
Status: in_force

38-870.01. Disability program; administration; power and duties of the board; hearing

A. The public safety personnel defined contribution retirement plan disability program is established for participants in the public safety personnel defined contribution retirement plan who either have elected to participate solely in the defined contribution plan established pursuant to article 4.1 of this chapter or are participants as defined in section 38-865, paragraph 7, subdivision (b). The board shall administer the disability program.

B. The board may delegate authority to administer the program as it deems necessary and prudent to the administrator employed pursuant to section 38-848.

C. The board, in the administration, management and operation of the program, shall:

1. Account for the operation, administration and investment expenses and allocate them against investment income.

2. Contract on a fee basis with an actuary to make an actuarial valuation of the program based on the valuation method and valuation assumptions recommended by the actuary and approved by the board. The actuary shall be a member of the American academy of actuaries.

3. Contract on a fee basis with an independent auditing firm to make an annual audit of the accounting records of the fund and file a copy of the audit with the auditor general.

4. Invest the monies in the fund as provided in article 4 of this chapter.

D. The board, in the administration, management and operation of the program, may:

1. Employ services as it deems necessary.

2. Either keep invested monies separate or commingle invested monies as it deems appropriate.

3. Do all acts, whether expressly authorized, that may be deemed necessary or proper for the protection of the fund.

4. Determine the rights, benefits or obligations of any person under this article and afford any person dissatisfied with a determination of the person's rights, benefits or obligations under this article with a hearing on the determination.
A.R.S. § 38-300 — Arizona Code / Title 38 / Chapter 2 / Article 6 / Section 300
38-300 Temporary vacancy resulting from military service; elective office
Status: in_force

38-300. Temporary vacancy resulting from military service; elective office

Notwithstanding section 38-291, paragraph 7, if a person serving in an elective office of this state other than the governor, or a political subdivision of this state receives orders for active military duty and the period of active duty is projected to continue for at least three months but less than the remainder of the officer's term of office, the office may be temporarily vacated.  A temporary replacement may be appointed in the same manner as prescribed by law for a permanent replacement.  The temporary appointee shall serve until the officer returns from active military duty or until the expiration of the officer's term of office, whichever occurs first.
A.R.S. § 38-1116 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1116
38-1116 Use of force incident investigation; right to view recorded video; statement
Status: in_force

38-1116. Use of force incident investigation; right to view recorded video; statement

A. In an administrative investigation of a law enforcement officer's use of force incident that resulted in a death or serious physical injury to another person, if the law enforcement officer recorded a video, both of the following apply:

1. The administrative investigation is not complete until after the officer has an opportunity to view the recorded video and provide any further information regarding the footage that the officer believes is relevant.

2. The law enforcement officer must be read the following notice before viewing the recorded video:

Video evidence has limitations and may depict events differently than you recall.  The video evidence may assist your memory and may assist in explaining your state of mind at the time of the incident.  Viewing video evidence may or may not provide additional clarity to what you remember. You should not feel in any way compelled or obligated to explain any difference in what you remember and acted on from what viewing the additional evidence provides you.

B. This section does not prohibit a law enforcement agency from adopting a policy or rule that relates to a law enforcement officer's review of that officer's recorded video.
A.R.S. § 38-651.03 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 651.03
38-651.03 Expenditure of funds for disability income insurance
Status: in_force

38-651.03. Expenditure of funds for disability income insurance

The department of administration may expend public funds appropriated for such purpose to procure disability income coverage for full-time officers and employees of the state, its departments and agencies. The department of administration by rule shall adopt standards for integrating such coverage with other forms of income protection and for eligibility of officers and employees. Such coverage shall provide two-thirds of the gross monthly salary of such officer or employee after a waiting period prescribed by the department of administration.
A.R.S. § 38-840.04 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.04
38-840.04 Employer and member contributions
Status: in_force

38-840.04. Employer and member contributions

A. Beginning January 1, 2014, employers shall contribute the percentage of the gross compensation of all of the members under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all benefits under and costs of administering the EODC disability program.

B. Beginning January 1, 2014, a member shall contribute a percentage of the member's gross compensation equal to the employer contribution for the member required pursuant to subsection A of this section.

C. The employer shall pay the member contributions required of members on account of gross compensation earned. All employer and member contributions shall be paid to the board. The board shall allocate the contributions to the EODC disability program trust fund and shall place the contributions in the EODC disability program's depository.

D. Each employer shall certify on each payroll the amount to be contributed to the EODC disability program and shall remit that amount to the board.

E. The department of administration and the treasurer of each county and participating city and town shall transfer to the board the contributions provided for in subsections A and B of this section within ten working days after each payroll date. Contributions transferred after these dates shall include a penalty equal to ten percent per annum, compounded annually, for each day that the contributions are late. Delinquent payments due under this subsection, together with interest charges as provided in this subsection and court costs, may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or, at the request of the board, may be deducted from any other monies, including excise revenue taxes, payable to a political subdivision by any department or agency of this state.

F. If more than the correct amount of contributions required is paid by an employer, proper adjustment shall be made in connection with subsequent payments.  The board shall return excess contributions to the employer if the employer requests return of the contributions within one year after the date of overpayment.

G. Member contributions are not refundable.
A.R.S. § 38-1109 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1109
38-1109 Confidentiality of records; exception
Status: in_force

38-1109. Confidentiality of records; exception

A. An employer shall not include in that portion of the personnel file of a law enforcement officer that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation.

B. If the law enforcement officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process.  This subsection does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.
A.R.S. § 38-797.11 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.11
38-797.11 Exemptions from execution, attachment and taxation; exception
Status: in_force

38-797.11. Exemptions from execution, attachment and taxation; exception

A. The benefits, the employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are not subject to execution or attachment and are nonassignable except as specifically provided in this article or article 2 of this chapter. The employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are exempt from state, county and municipal income taxes. Benefits received by a member from the LTD program are subject to tax pursuant to title 43.

B. Interest, earnings and all other credits pertaining to benefits are not subject to execution or attachment and are nonassignable.
A.R.S. § 38-592 — Arizona Code / Title 38 / Chapter 3.2 / Article 1 / Section 592
38-592 Public service orientation programs; implementation
Status: in_force

38-592. Public service orientation programs; implementation

A. The state shall conduct public service orientation programs so that all state officers and employees receive such training within six months after the date of hire, election or appointment. Each year after their training, all state officers and employees shall receive written information from the public entity responsible for providing the public service orientation program pursuant to subsection B, regarding changes in laws relating to the proper conduct of public business.

B. Public service orientation programs shall be administered as follows:

1. The attorney general shall implement the public service orientation program for all individuals elected or appointed to a statewide elective position and appointed to head a state agency or department.

2. Each house of the legislature shall implement the public service orientation program for members of its respective house and its employees.

3. The supreme court shall implement the public service orientation program for all elected and appointed members and employees of the judicial department.

4. The department of administration shall implement the public service orientation program for appointees and volunteers to all state agencies, departments, boards, commissions, committees and councils and for all other state employees.
A.R.S. § 38-846.05 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 846.05
38-846.05 Retiree pool account; transfers; funding
Status: in_force

38-846.05. Retiree pool account; transfers; funding

A. The retiree pool account is established in the fund for the purpose of sharing the actuarial liability attributable to uncontrollable costs for the employers of members who are hired on or after July 1, 2017 and who are determined eligible for a normal retirement benefit pursuant to section 38-844 or for an accidental, ordinary or catastrophic disability pension pursuant to section 38-844 and for survivors of members who are hired on or after July 1, 2017 and who are determined eligible for a death benefit pursuant to section 38-846.

B. For members who are determined eligible for a normal retirement benefit pursuant to section 38-844, an amount equal to the actuarial present value of future benefit payments, calculated as of the member's retirement date, shall be transferred from the employer's account to the retiree pool account.

C. For a member who is determined eligible for an accidental, ordinary or catastrophic disability pension pursuant to section 38-844 and who has not reached the member's normal retirement date, an amount equal to the actuarial present value of future benefit payments already accrued, calculated as of the date of disability retirement, shall be transferred from the employer's account to the retiree pool account.  For a member as defined in section 38-842, paragraph 31, subdivision (b) who is determined eligible for an accidental, ordinary or catastrophic disability pension pursuant to section 38-844 and who has not reached the member's normal retirement date, the system actuary shall determine and the system shall assess the employer an amount equal to the actuarial present value of future benefit payments already accrued, calculated as of the member's disability retirement date, consistent with section 38-845, subsection F.  If a member who is determined eligible for an accidental, ordinary or catastrophic disability pension has reached the member's normal retirement date, the amount transferred to the retiree pool account is calculated in the same manner as a normal retirement pursuant to subsection B of this section.

D. For a survivor of a deceased member determined eligible for a death benefit pursuant to section 38-846, if the member was not retired and had not reached the member's normal retirement date, an amount equal to the actuarial present value of future survivor benefit payments already accrued, calculated as of the survivor's retirement date, shall be transferred from the employer's account to the retiree pool account. If the deceased member had reached the member's normal retirement date, an amount equal to the actuarial present value of future survivor benefit payments, plus any amount payable, calculated as of the survivor's retirement date, shall be transferred from the employer's account to the retiree pool account.

E. The retiree pool account shall remain one hundred percent funded. In any fiscal year that the retiree pool account is not one hundred percent funded as of June 30, the amount necessary to adjust the retiree pool account up or down to one hundred percent funded shall be transferred from or to the investment earnings of the fund before those earnings are distributed to each employer's account.
A.R.S. § 38-744 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 744
38-744 Leave of absence; credit for leave without pay
Status: in_force

38-744. Leave of absence; credit for leave without pay

A. A member may elect to be credited with service for retirement purposes for an officially granted leave of absence from employment without pay if all of the following apply:

1. At the time the absence was granted the member was an active member of ASRS or a member who was receiving benefits pursuant to section 38-797.07.

2. At the time the credit is requested the member is an active member of ASRS, receiving benefits pursuant to section 38-797.07 or a former active member of ASRS who has not withdrawn contributions from ASRS pursuant to section 38-740 and who was unable to resume employment because a position is not available.

3. The member returns to employment with the same employer, unless employment could not be resumed because of disability or a position was not available.

4. The member elects not more than one year of the leave and, for a member whose membership date is on or after July 20, 2011, not more than sixty months of credited service pursuant to this section.

5. The member pays the amount provided in subsection B of this section.

6. The member's employer has certified that the leave of absence benefits or is in the best interests of the employer.

B. A member who elects to be credited with a leave period as provided in subsection A of this section shall pay to ASRS an amount equal to the present value of the additional benefit that is derived from the purchased credited service using the actuarial assumptions that are approved by the board.

C. A member who previously was a member of another public employee retirement system and who receives or is eligible to receive a retirement benefit from that system for any period of employment is ineligible to receive retirement benefits from ASRS for the same period.

D.  If a member's membership date is on or after July 1, 2010, the member shall have at least five years of credited service in ASRS before electing to receive credit for service pursuant to this section.

E. For the purposes of subsection A of this section, each employer shall adopt rules establishing guidelines for a leave of absence that benefits or is in the best interests of the employer.
A.R.S. § 38-932 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 932
38-932 Arizona employers' pension prefunding plan
Status: in_force

38-932. Arizona employers' pension prefunding plan

A. The Arizona employers' pension prefunding plan is established as a special trust fund for the purpose of allowing participating employers that provide a defined benefit pension plan to their employees to prefund the employer's required pension contributions.

B. The prefunding plan and the assets held in the prefunding plan are separate and apart from:

1. The public safety personnel retirement fund and any other fund, program or plan administered by the board.

2. Any pension prefunding plan investment accounts established pursuant to section 35-314.04 or any other section of title 35 and any pension prefunding plan monies in such accounts.

C. The prefunding plan is an integral part of this state and of the political subdivisions of this state, performs an essential governmental function and is an entity with the power to sue and be sued.  The prefunding plan is intended to be structured and administered in a manner that results in the tax-exempt status of the prefunding plan's income.
A.R.S. § 38-906 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 906
38-906 Group health and accident coverage for retired members; payment; forfeiture of interest
Status: in_force

38-906. Group health and accident coverage for retired members; payment; forfeiture of interest

A. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of the single coverage premium of any group health and accident insurance for each retired member or survivor of the plan who receives a pension and who has elected to participate in coverage provided by section 38-651.01 or 38-782 or any other retiree health and accident insurance coverage provided or administered by a participating employer in the plan.  The board shall pay up to:

1. One hundred fifty dollars per month for each retired member or survivor of the plan who is not eligible for medicare.

2. One hundred dollars per month for each retired member or survivor of the plan who is eligible for medicare.

B. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of the family coverage premium of any group health and accident insurance for each retired member or survivor of the plan who elects family coverage and who otherwise qualifies for payment pursuant to subsection A of this section. Payment under this subsection is in the following amounts:

1. Up to two hundred sixty dollars per month if the retired member or survivor of the plan and one or more dependents are not eligible for medicare.

2. Up to one hundred seventy dollars per month if the retired member or survivor of the plan and one or more dependents are eligible for medicare.

3. Up to two hundred fifteen dollars if either:

(a) The retired member or survivor of the plan is not eligible for medicare and one or more dependents are eligible for medicare.

(b) The retired member or survivor of the plan is eligible for medicare and one or more dependents are not eligible for medicare.

C. The board shall not pay more than the amount prescribed in this section for a benefit recipient as a member or survivor of the plan.

D. A retired member or survivor of the plan may elect to purchase individual health care coverage and receive a payment pursuant to this section through the retired member's former employer if that former employer assumes the administrative functions associated with the payment, including verification that the payment is used to pay for health insurance coverage if the payment is made to the retired member or survivor of the plan.

E. This section does not apply to a retired member of the plan who becomes a member on or after September 13, 2013 and who is reemployed and participates in health care coverage provided by the member's new employer.

F. This section does not apply to a survivor of the plan whose deceased spouse becomes a member on or after September 13, 2013 and who is reemployed and participates in health care coverage provided by the survivor's new employer.

G. The board shall establish a separate account that consists of the benefits provided pursuant to this section.  The board shall deposit the benefits provided by this section in the account.  The board shall not use or divert any part of the corpus or income of the account for any purpose other than the provision of benefits pursuant to this section unless the liabilities to provide the benefits pursuant to this section are satisfied.  If the liabilities to provide the benefits described in this section are satisfied, the board shall return any amount remaining in the account to the employer.

H. Payment of the benefits provided by this section is subject to the following conditions:

1. The payment of the benefits is subordinate to the payment of retirement benefits payable by the plan.

2. The total of contributions for the benefits and actual contributions for life insurance protection, if any, shall not exceed twenty-five percent of the total actual employer and employee contributions to the plan, minus the contributions to fund past service credits, after the day the account is established.

3. The contributions by the employer to the account shall be reasonable and ascertainable.

I. If a member who is eligible for benefits under this section forfeits the member's interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture shall be applied as soon as possible to reduce employer contributions to fund the benefits provided by this section.
A.R.S. § 38-651.05 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 651.05
38-651.05 Flexible or cafeteria employee benefit plan; fund
Status: in_force

38-651.05. Flexible or cafeteria employee benefit plan; fund

A. The department of administration is authorized to establish a flexible or cafeteria employee benefit plan that may provide for deductions or salary reductions for group life insurance, disability insurance, group accidental death and dismemberment insurance, long-term care coverage, health and accident insurance or other authorized employee benefits, which meet the requirements of the United States internal revenue code of 1986 and regulations thereunder and to adopt rules for its administration.

B. The department of administration shall determine the frequency of payroll deductions for purposes of this section for those state officers or employees under payroll systems under the direction of the department of administration. For all other state officers or employees under other state payroll systems, the appropriate state agency, board, commission or institution shall determine the frequency of payroll deductions for purposes of this section.

C. The flexible or cafeteria employee benefit plan fund is established. Monies received by the department of administration from employee contributions to the flexible or cafeteria employee benefit plan established pursuant to subsection A of this section shall be deposited in the fund or deposited directly with a third party under contract with the department of administration to administer the plan. Investment earnings shall be deposited to the credit of the fund.

D. The department of administration shall use any monies remaining in the fund or on deposit with a third party under contract to administer the plan at the end of each fiscal year in the following priority:

1. To cover the costs to this state of administering the flexible or cafeteria employee benefit plan under subsection A of this section.

2. After payment of the administrative costs, the remainder shall be used to reduce in a uniform manner the employee and employer contributions to benefits included under a flexible or cafeteria employee benefit plan.
A.R.S. § 38-343 — Arizona Code / Title 38 / Chapter 2 / Article 8 / Section 343
38-343 Trial; judgment
Status: in_force

38-343. Trial; judgment

A. If the accused pleads guilty or refuses to answer the accusation, the court shall render judgment of conviction against him. If the accused denies the matters charged, the court shall immediately, or at such time as it appoints, try the accusation.

B. The trial shall be by jury, unless expressly waived by the accused, and conducted in the same manner as the trial of an indictment or information.

C. Upon conviction, the court shall pronounce judgment that the accused be removed from office.
A.R.S. § 38-870.04 — Arizona Code / Title 38 / Chapter 5 / Article 4.2 / Section 870.04
38-870.04 Employer and participant contributions
Status: in_force

38-870.04. Employer and participant contributions

A. Beginning July 1, 2017, employers shall contribute the percentage of the gross pensionable compensation of all of the participants under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all benefits under and costs of administering the disability program.

B. Beginning July 1, 2017, a participant shall contribute a percentage of the participant's gross pensionable compensation equal to the employer contribution for the participant required pursuant to subsection A of this section.

C. The employer shall pay the participant contributions required of participants on account of gross pensionable compensation earned. All employer and participant contributions shall be paid to the board. The board shall allocate the contributions to the disability program trust fund and shall place the contributions in the disability program's depository.

D. Each employer shall certify on each payroll the amount to be contributed to the disability program and shall remit that amount to the board.

E. The department of administration and the treasurer of each county and participating city and town shall transfer to the board the contributions provided for in subsections A and B of this section within ten working days after each payroll date. Contributions transferred after these dates shall include a penalty equal to ten percent per annum, compounded annually, for each day that the contributions are late. Delinquent payments due under this subsection, together with interest charges as provided in this subsection and court costs, may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or, at the request of the board, may be deducted from any other monies, including excise revenue taxes, payable to a political subdivision by any department or agency of this state.

F. If more than the correct amount of contributions required is paid by an employer, proper adjustment shall be made in connection with subsequent payments. The board shall return excess contributions to the employer if the employer requests return of the contributions within one year after the date of overpayment.

G. Participant contributions are not refundable.
A.R.S. § 38-887 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 887
38-887 Pension to surviving spouse of deceased retired member
Status: in_force

38-887. Pension to surviving spouse of deceased retired member

The surviving spouse of a deceased retired member is entitled to receive a surviving spouse's pension if the spouse was married to the member for a period of at least two consecutive years at the time of the member's death.  Payment of a surviving spouse's pension commences as of the last day of the month following the retired member's date of death.  The last payment shall be made as of the last day of the month in which the surviving spouse's death occurs. The amount of pension paid a surviving spouse is equal to four-fifths of the amount of the deceased retired member's pension at the time of death.  The surviving spouse shall file a written application with the plan in order to receive the survivor benefit.
A.R.S. § 38-810.02 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 810.02
38-810.02 Statutory construction
Status: in_force

38-810.02. Statutory construction

A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial integrity of the plan, the legislature intends that the plan as enacted at a particular time be construed and applied as a coherent whole and without reference to any other provision of the plan in effect at a different time.

B. The plan was established in order to provide a uniform, consistent and equitable statewide program for those eligible elected officials as defined by the plan.  A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits.  An eligible claimant's right to benefits vests on the date of the member's application for those benefits or the member's last day of employment under the plan, whichever occurs first.
A.R.S. § 38-505 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 505
38-505 Additional income prohibited for services
Status: in_force

38-505. Additional income prohibited for services

A. No public officer or employee may receive or agree to receive directly or indirectly compensation other than as provided by law for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is pending before the public agency of which he is a public officer or employee.

B. This section shall not be construed to prohibit the performance of ministerial functions including, but not limited to, the filing, or amendment of tax returns, applications for permits and licenses, incorporation papers, and other documents.
A.R.S. § 38-840.11 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.11
38-840.11 Violation; classification
Status: in_force

38-840.11. Violation; classification

A person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the EODC disability program with an intent to defraud the EODC disability program is guilty of a class 6 felony.
A.R.S. § 38-840.06 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.06
38-840.06 EODC disability program benefits
Status: in_force

38-840.06. EODC disability program benefits

A. In determining eligibility for and continuation of a disability benefit and computing the amount available to a member, the board shall follow the same procedures and methods as prescribed in section 38-806, except that an elected official who no longer holds office must apply within one year after terminating office and the credited service used to compute the benefit shall be only the time earned while a member of the elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter. Payment of the disability benefit will be made retroactive only to the date the board receives an application for the disability.

B. A member who meets the requirements for a disability pension as prescribed in section 38-806 shall receive a monthly disability benefit equal to a monthly disability pension that would be provided to a member who was elected, appointed or hired on or after January 1, 2012 and before January 1, 2014, reduced by an amount equal to the monthly annuitized value of the member's annuity account under article 3.1 of this chapter that does not include a cost-of-living adjustment, as determined by the board. In determining the monthly annuitized offset value of the member's annuity account under article 3.1 of this chapter to be used in reducing the disability benefit paid pursuant to this subsection, the board shall instruct the actuary for the elected officials' retirement plan to calculate the monthly payment that would be paid to the member assuming the member had elected a straight life annuity commencing on the member's date of disability, using the mortality and interest factors then used by the actuary in determining the valuation of the elected officials' retirement plan.
A.R.S. § 38-865 — Arizona Code / Title 38 / Chapter 5 / Article 4.1 / Section 865
38-865 Definitions
Status: in_force

38-865. Definitions

In this article, unless the context otherwise requires:

1. "Annuity account" means an account that is established for each participant to record the deposit of participant contributions, employer contributions and interest, dividends or other accumulations credited on behalf of the participant.

2. "Board" means the board of trustees of the public safety personnel retirement system established by section 38-848.

3. "Compensation":

(a) For participants as defined in paragraph 7, subdivision (a) of this section and section 38-865.01, has the same meaning prescribed in section 38-842.

(b) For participants as defined in paragraph 7, subdivision (b) of this section, means salary as defined in section 38-881.

4. "Defined contribution plan" means the public safety personnel defined contribution retirement plan established pursuant to this article.

5. "Employer" has the same meaning prescribed in section 38-842 or 38-881, as applicable.

6. "Employer contribution" means an amount deposited by an employer, from the employer's own monies, in the participant's annuity account on a periodic basis coinciding with the participant's regular pay period.

7. "Participant" means:

(a) A member as defined in section 38-842, paragraph 31, subdivision (a) or (b), excluding subdivision (a), item (vi), who is one of the following:

(i) An employee who is hired on or after July 1, 2017, who makes the irrevocable election to participate solely in the defined contribution plan established pursuant to this article and who was not an active, an inactive or a retired member of the system or a member of the system with a disability on June 30, 2017.

(ii) An employee who is hired on or after July 1, 2017, who is not covered by the federal old age and survivors insurance system and who makes the irrevocable election to participate in the system or is enrolled in the system pursuant to section 38-842.01, subsection A.

(b) A member as defined in section 38-881, paragraph 27, subdivision (a) who is one of the following:

(i) An employee who is hired on or after July 1, 2018, who is not in a designated position as defined in section 38-881, paragraph 13, subdivision (g) and who was not an active, an inactive or a retired member of the corrections officer retirement plan or a member of the corrections officer retirement plan with a disability on June 30, 2018.

(ii) An employee who is hired on or after July 1, 2018, who is in a designated position as defined in section 38-881, paragraph 13, subdivision (g), who makes the irrevocable election pursuant to section 38-881.01 to participate solely in the defined contribution plan established pursuant to this article and who was not an active, an inactive or a retired member of the corrections officer retirement plan or a member of the corrections officer retirement plan with a disability on June 30, 2018.

8. "Pensionable compensation" means the amount of the participant's annual compensation that does not exceed the limitation specified in section 38-843.04 or 38-895.01, as applicable.

9. "System" means the public safety personnel retirement system established by article 4 of this chapter.
A.R.S. § 38-322 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 322
38-322 Performance of official duties by accused
Status: in_force

38-322. Performance of official duties by accused

When articles of impeachment against any officer subject to impeachment are presented to the senate, such officer shall continue to perform the duties of his office unless and until removed.
A.R.S. § 38-255 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 255
38-255 Recording of bond; copies
Status: in_force

38-255. Recording of bond; copies

Every officer with whom bonds are filed shall record them in a book kept by him for that purpose, preserve the bond and give certified copies thereof under seal to any person upon demand and payment of the fee for a copy and certificate.
A.R.S. § 38-494 — Arizona Code / Title 38 / Chapter 3 / Article 7 / Section 494
38-494 Violations; classification
Status: in_force

38-494. Violations; classification

A. A person violating any provision of this article is guilty of a class 2 misdemeanor.

B. An officer or person charged with the administration of a civil service or merit system of employment of the state or a county, city, town or other political subdivision who knowingly refuses or fails to observe any provision of this article in the selection of a public employee, or in grading the examination papers of an applicant for employment as provided in section 38-492, is guilty of a class 3 misdemeanor.
A.R.S. § 38-626.01 — Arizona Code / Title 38 / Chapter 4 / Article 2 / Section 626.01
38-626.01 Authorization for certain out-of-state travel by state employees
Status: in_force

38-626.01. Authorization for certain out-of-state travel by state employees

Notwithstanding the provisions of sections 38-626 and 38-627, the agency head, or a person properly delegated by the agency head, may authorize travel of personnel and state equipment under the agency head's jurisdiction into states of the United States adjoining this state.
A.R.S. § 38-742 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 742
38-742 Reinstatement
Status: in_force

38-742. Reinstatement

A. If an active member who received a return of contributions on termination of employment and by receipt of those contributions forfeited credited service earned on that employment, as provided in section 38-740, subsection A or B, is subsequently reemployed by an employer, the member's service shall be credited only from the date the member's most recent reemployment period commenced.

B. Notwithstanding subsection A of this section, the member may redeposit the amount of the contributions the ASRS paid at the time of the member's separation from service, with interest on that amount to the date of redeposit at the interest rate assumption approved by the board for actuarial equivalency. On satisfaction of this obligation, the member's service credits acquired by the previous employment shall be reinstated. The member is subject to the benefits and duties in effect at the time of the member's most recent reemployment except as provided in section 38-711, paragraph 5, subdivision (a). If a member redeposits less than the amount required under this subsection, ASRS shall proportionately reduce the member's reinstated service credits.

C. A member who is receiving benefits pursuant to section 38-797.07 and who received a return of contributions on termination of employment and by receipt of those contributions forfeited credited service earned on that employment, as provided in section 38-740, subsection A or B, may redeposit the amount of the contributions the ASRS paid at the time of the member's previous separation from service, with interest on that amount to the date of redeposit at the interest rate assumption approved by the board for actuarial equivalency. On redeposit of the contributions and interest, the member's service credits acquired by the previous employment shall be reinstated. The member is subject to the benefits and duties in effect at the time of the member's most recent reemployment except as provided in section 38-711, paragraph 5, subdivision (a). If a member redeposits less than the amount required under this subsection, ASRS shall proportionately reduce the member's reinstated service credits.
A.R.S. § 38-510 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 510
38-510 Penalties
Status: in_force

38-510. Penalties

A. A person who:

1. Intentionally or knowingly violates any provision of sections 38-503 through 38-505 is guilty of a class 6 felony.

2. Recklessly or negligently violates any provision of sections 38-503 through 38-505 is guilty of a class 1 misdemeanor.

B. A person found guilty of an offense described in subsection A of this section shall forfeit his public office or employment if any.

C. It is no defense to a prosecution for a violation of sections 38-503 through 38-505 that the public officer or employee to whom a benefit is offered, conferred or agreed to be conferred was not qualified or authorized to act in the desired way.

D. It is a defense to a prosecution for a violation of sections 38-503 through 38-505 that the interest charged to be substantial was a remote interest.
A.R.S. § 38-431.03 — Arizona Code / Title 38 / Chapter 3 / Article 3.1 / Section 431.03
38-431.03 Executive sessions; definitions
Status: in_force

38-431.03. Executive sessions; definitions

A. On a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:

1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting.

2. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law.

3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.

4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body.

6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town.

7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property.

8. Discussion or consideration of matters relating to school safety operations or school safety plans or programs.

9. Discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body.  Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1.

B. Minutes of and discussions made at executive sessions shall be kept confidential except from:

1. Members of the public body that met in executive session.

2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section.

3. The auditor general on a request made in connection with an audit authorized as provided by law.

4. A county attorney or the attorney general when investigating alleged violations of this article.

C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article.

D. Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in subsection A, paragraphs 4, 5 and 7 of this section.  A public vote shall be taken before any legal action binds the public body.

E. Except as provided in section 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session that is not described in the notice of the executive session.

F. Disclosure of executive session information pursuant to this section or section 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege.  Any person receiving executive session information pursuant to this section or section 38-431.06 shall not disclose that information except to the attorney general or county attorney, by agreement with the public body or to a court in camera for purposes of enforcing this article.  Any court that reviews executive session information shall take appropriate action to protect privileged information.

G. For the purposes of this section:

1. "Critical infrastructure" has the same meaning prescribed in section 41-1801.

2. "Information technology" has the same meaning prescribed in section 18-101.
A.R.S. § 38-768 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 768
38-768 Minimum retirement benefit
Status: in_force

38-768. Minimum retirement benefit

A. Notwithstanding any other provision of this article, a retired member or beneficiary who is entitled to a benefit under this article shall receive at least a minimum monthly benefit that is computed pursuant to subsection B of this section if the retired member or beneficiary is at least seventy-five years of age and if the retired member or beneficiary is any of the following:

1. Retired from ASRS with at least twenty years of credited service.

2. A beneficiary of ASRS who is receiving benefits derived from a retired member who had at least twenty years of credited service.

3. A member with at least twenty years of service who irrevocably revokes the receipt of benefits determined on the basis of membership in the defined contribution program administered by ASRS and who elects to receive benefits under this article.

4. A beneficiary who is receiving benefits derived from a retired member who had at least twenty years of service, who irrevocably revoked the receipt of benefits determined on the basis of membership in the defined contribution program administered by ASRS and who elected to receive benefits under this article.

B. The minimum monthly benefit provided by subsection A of this section:

1. For retired members, is $600.

2. For beneficiaries, is the amount determined by paragraph 1 of this subsection and reduced in accordance with the option chosen by multiplying the amount determined by paragraph 1 of this subsection by the actuarial figure for the option chosen and by the percentage of the option chosen.

C. If the minimum monthly benefit pursuant to subsections A and B of this section is more than the retired member's or beneficiary's current monthly benefit, the retired member or beneficiary is eligible to receive a monthly benefit equal to the minimum benefit. If the retired member's or beneficiary's current monthly benefit is more than the minimum benefit, the retired member's or beneficiary's benefit remains the same.

D. A member who receives a lump sum payment pursuant to section 38-764, subsection C is not eligible for a minimum benefit as provided by this section.
A.R.S. § 38-385 — Arizona Code / Title 38 / Chapter 2.1 / Article 1 / Section 385
38-385 Convening legislating bodies in event of an attack
Status: in_force

38-385. Convening legislating bodies in event of an attack

A. In the event of an attack, the governor shall call the state legislature into emergency session as soon as practicable, and in any case within fifteen days following the inception of the attack. If the governor fails to issue such call, the legislature shall, on the fifteenth day from the inception of the attack, automatically convene at the state capitol or at an alternate site if conditions are such that the regularly designated state capitol is uninhabitable.

B. In the event of an attack, the mayor of each city and town and the chairman of the county board of supervisors of each county shall call their respective legislating bodies into emergency session as soon as practicable and in any case within fifteen days following the inception of the attack. If a mayor or chairman of any county board fails to issue such call, the legislating body shall, on the fifteenth day from the date of the inception of the attack, automatically convene at the seat of government or at an alternate site if conditions are such that the regularly designated seat is uninhabitable.

C. At any such session or at any session in operation at the state or local level at the inception of an attack, there shall be no limitations on the length of such session nor on the subjects which may be acted upon.
A.R.S. § 38-538 — Arizona Code / Title 38 / Chapter 3 / Article 10 / Section 538
38-538 Designation of state and political subdivision motor vehicles; definition
Status: in_force

38-538. Designation of state and political subdivision motor vehicles; definition

A. Except as provided in section 38-538.03, a motor vehicle owned or leased for six months or more by this state shall bear the designations "State of Arizona--(name of department or agency)" and "for official use only" in letters that are no more than two inches in height. The designation "for official use only" shall appear above the designation "State of Arizona--(name of department or agency)". The designations shall be on a decal that is placed on:

1. The rear window of the motor vehicle in an area that does not interfere with the driver's ability to safely operate the motor vehicle.

2. The rear bumper of the motor vehicle if the motor vehicle does not have a rear window.

B. A motor vehicle owned or leased for six months or more by a political subdivision of this state shall:

1. Bear the designation of the name of the political subdivision of this state and the department or agency of the political subdivision that owns or leases the motor vehicle in a visible manner as determined by the political subdivision.

2. Have placed on the motor vehicle in a visible manner as determined by the political subdivision the designation "for official use only".

C. For the purposes of this section, "political subdivision" includes an organization that is tax exempt as a political subdivision under the constitution or laws of this state.
A.R.S. § 38-771 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 771
38-771 Benefit options for transferred defined contribution program members; definitions
Status: in_force

38-771. Benefit options for transferred defined contribution program members; definitions

A. On or before December 31, 1995 a nonretired ASRS member who was a member of the defined contribution program administered by ASRS and who was transferred to the defined benefit program established by this article on July 1, 1981 shall elect to receive either retirement benefits provided under this section or retirement benefits as otherwise provided by this article. An election under this subsection is irrevocable. A member who fails to make an election under this subsection is deemed to have elected to receive retirement benefits provided under this section.

B. A member who elects to receive retirement benefits provided under this section is eligible only for those benefits.

C. If a member elects to receive retirement benefits provided under this section, the member shall elect to receive retirement benefits based on either of the following:

1. The contributions paid by the member and member's employer, plus all earnings attributed to the member's retirement account, through the member's retirement date.

2. Except as provided in subsections E and F of this section, contributions paid by the member and member's employer at the contribution rate in effect before July 1, 1975 and an employee and employer contribution rate of seven per cent calculated from July 1, 1975, plus all earnings attributed to the member's retirement account, through the member's retirement date.

D. Notwithstanding sections 38-736 and 38-737, members who elect to receive retirement benefits provided under this section and their employers shall each make contributions at a rate of seven per cent of the member's compensation and, beginning on July 1, 1998, employers shall make contributions to ASRS on behalf of their respective members who have elected to receive retirement benefits provided under this section to pay the actuarially determined amount necessary to provide the group health and accident insurance benefits for those retired members and their dependents as provided under section 38-783. Member contributions pursuant to this subsection shall be salary reduction contributions pursuant to section 38-747, subsections C and D.

E. Subject to subsection F of this section, if a member desires to receive retirement benefits based on subsection C, paragraph 2 of this section, the member shall make the election on or before June 30, 1999 and during the member's active employment. The election shall be made in accordance with section 38-747, subsections C, D and H. If a member elects to receive retirement benefits based on subsection C, paragraph 2 of this section, both the member and the member's employer shall pay to ASRS the difference between the contributions made and seven per cent of the member's gross compensation from July 1, 1984 through December 31, 1995. If a member elects to have the member's employer make payments for all or a portion of the contributions pursuant to section 38-747, subsection D, the member's employer shall make the contributions as required by section 38-747, subsection D. If a member elects to make contributions pursuant to section 38-747, subsection H, both the member and the member's employer shall pay to ASRS the portion of the difference between the total required contributions and that portion of the required contributions that the member has elected to have the member's employer pay pursuant to section 38-747, subsection D. The member's employer shall make the employer's contributions attributable to a member's period of employment before July 1, 1999 in a single lump sum payment at the time and computed in the manner prescribed in section 38-771.01, subsections G and H. If a member elects pursuant to subsection C, paragraph 2 of this section to have contributions made or to make contributions pursuant to section 38-747, subsection D or H for less than the full amount permitted by this subsection the member's benefits shall be computed only with reference to the contributions actually made. A member shall make an election pursuant to this section with respect to contributions to be made by the member before July 1, 1999. This election shall remain in full force and effect on and after July 1, 1999 and may be modified or revoked by the member only if the modification or revocation is specifically authorized in section 38-747. Section 38-771.01 governs any elections made by a member with respect to contributions to be made by the member to ASRS on or after July 1, 1999.

F. Contributions made to ASRS by a member and the member's employer pursuant to subsections D and E of this section shall not exceed, in any one limitation year, the limits of section 38-747, subsection E. If for any reason, the member and employer contributions to ASRS made pursuant to subsections D and E of this section would, at the time such contributions are due, taking into account other employer and member contributions due to ASRS for the limitation year, exceed the limits of section 38-747, the amount to be paid by the member and the member's employer under subsection E of this section shall be proportionately reduced and such reduction shall be carried into the succeeding limitation year and paid by the member and the member's employer within thirty days of the beginning of such limitation year, unless the limits of section 38-747 would again be exceeded, in which event this procedure will be repeated until all such contributions have been made. If more than one employer is contributing on behalf of a member, the reduction and contributions in succeeding years shall be proportionately allocated among the employers. If a member retires prior to making all contributions under subsections D and E of this section because of the limitations of section 38-747, the member's benefits under this section shall be calculated only with reference to the contributions actually made. For purposes of this subsection, "limitation year" has the same meaning prescribed in section 38-769.

G. A member who elects to receive retirement benefits provided under this section is subject to the provisions of section 38-771.01, subsection K that are equivalent to those imposed before the member's transfer from the defined contribution program administered by ASRS to the defined benefit program established by this article.

H. ASRS shall handle all retirement accounts of members who elect retirement benefits provided under this section and all member and employer contributions attributable to those members in the same manner as retirement accounts and contributions that are part of the defined contribution program administered by ASRS. Retirement accounts of members who elect to receive retirement benefits provided under this section are eligible for interest and supplemental credits on the same basis as members who retired under the defined contribution program administered by ASRS.

I. The election of retirement benefits by a member pursuant to this section is a waiver of all claims and demands by the member that the retirement benefits are less than the amount of retirement benefits payable to the member under the defined contribution program administered by ASRS if the member had remained a member of the defined contribution program administered by ASRS.

J. For purposes of this section:

1. "Member's employer" means an employer who compensated the member during a period when the member's contributions were less than seven per cent.

2. "Retirement account" means the combined member and employer contributions with interest or earnings on the contributions including any allocations credited as employer contributions.
A.R.S. § 38-848.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 848.02
38-848.02 Board of trustees; report on employer and employee costs; posting funding ratio
Status: in_force

38-848.02. Board of trustees; report on employer and employee costs; posting funding ratio

A. On or before December 1 of each year, the board of trustees shall provide to the legislature and the joint legislative budget committee and shall post on its website the shared cost structure of employees and employers, the funding status and the rate of return. The report to the legislature shall include when the trigger to the reduction in the employee rates is being met.

B. The board of trustees shall post on its website for each plan the board administers each employer's funding ratio.
A.R.S. § 38-736 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 736
38-736 Member contributions
Status: in_force

38-736. Member contributions

A. Member contributions are required as a condition of employment and shall be made by payroll deductions. Member contributions shall begin simultaneously with membership in ASRS. Beginning July 1, 2011, member contributions are a percentage of a member's compensation equal to the employer contribution required pursuant to section 38-737. Amounts so deducted by employers shall be deposited in the ASRS depository.

B. The employer shall pay the member contributions required of members on account of compensation earned. The paid contributions shall be treated as employer contributions for the purpose of determining tax treatment under the internal revenue code. The effective date of the employer payment shall not be before the date ASRS has received notification from the United States internal revenue service that pursuant to section 414(h) of the internal revenue code the member contributions paid will not be included in gross income for income tax purposes until the paid contributions are distributed by refund or retirement benefit payments. The employer shall pay the member contributions from monies that are established and available in the retirement deduction account and that would otherwise have been designated as member contributions and paid to ASRS. Member contributions paid pursuant to this subsection shall be treated for all other purposes, in the same manner and to the same extent, as member contributions made before the approval of the United States internal revenue service pursuant to this section.