A.R.S. § 38-1117 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1117
38-1117 Law enforcement officer investigation and discipline committee, board, agency, department, office, entity or person; membership; qualifications; exceptions; statewide concern; definition
Status: in_force

38-1117. Law enforcement officer investigation and discipline committee, board, agency, department, office, entity or person; membership; qualifications; exceptions; statewide concern; definition

A. Notwithstanding any other law, at least two-thirds of the members, staff, employees or seats of any government committee, board, agency, department, office or entity that investigates law enforcement officer misconduct, influences the conduct of or certifies law enforcement officer misconduct investigations, recommends disciplinary actions for law enforcement officer misconduct or imposes discipline for law enforcement officer misconduct must be Arizona peace officer standards and training board certified law enforcement officers who are of any rank and who are from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action.

B. Any findings or recommendations from any government committee, board, agency, department, office or entity shall require a majority vote to do any of the following:

1. Investigate law enforcement officer misconduct.

2. Influence the conduct of or certify law enforcement officer misconduct investigations.

3. Recommend disciplinary actions for law enforcement officer misconduct.

4. Impose discipline for law enforcement officer misconduct.

C. If the person or government committee, board, agency, department, office or entity does not meet the two-thirds requirement prescribed in subsection A of this section, a supervisor, a department or an agency head that supervises a law enforcement officer may investigate and impose discipline for the law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the person, committee, board, agency, department, office or entity.

D. This section does not apply to any of the following:

1. A person or a government committee, board, agency, department, office, civil service board or entity that only reviews the actions described in subsection A of this section and that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action.

2. The Arizona peace officer standards and training board.

3. A multijurisdictional law enforcement agency or task force or a similar entity that is charged with investigating the use of force by law enforcement officers, if at least two-thirds of the membership of the multijurisdictional law enforcement agency or task force or the similar entity consists of Arizona peace officer standards and training board certified law enforcement officers.

4. An entity that investigates federal employment discrimination.

E. The legislature finds that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern.

F. For the purposes of this section, "members, staff, employees or seats":

1. Includes any person who participates in the following:

(a) Investigating law enforcement officer misconduct.

(b) Influencing the conduct or certification of law enforcement officer misconduct investigations.

(c) Recommending disciplinary actions for law enforcement officer misconduct.

(d) Imposing discipline for law enforcement officer misconduct.

2. Does not include support or administrative staff or any person who only reviews the actions of the remainder of the government committee, board, agency, department, office or entity.
A.R.S. § 38-713 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 713
38-713 ASRS board; qualifications; term; compensation
Status: in_force

38-713. ASRS board; qualifications; term; compensation

A. The ASRS board is established consisting of the following nine members appointed by the governor pursuant to section 38-211:

1. Five members from among the members of ASRS to represent the members of ASRS as follows:

(a) An educator.

(b) An employee of a political subdivision.

(c) A retired member.

(d) An employee of this state.

(e) An at large member who may represent any ASRS member group.

2. Four members who are not members of ASRS to represent the public.

B. Four of the members shall have at least ten years' substantial experience as any one or a combination of the following:

1. A portfolio manager acting in a fiduciary capacity.

2. A securities analyst.

3. An employee or principal of a trust institution, investment organization or endowment fund acting either in a management or an investment related capacity.

4. A chartered financial analyst in good standing as determined by the CFA institute.

5. A professor at the university level teaching economics or investment related subjects.

6. An economist.

7. Any other professional engaged in the field of public or private finances.

C. Each member who represents an ASRS member group shall have not less than five years of administrative management experience.

D. The following persons are not eligible for membership on the board:

1. A person who is a stockbroker or bond broker and who is actively engaged in the profession of a stockbroker or bond broker.

2. A person who holds a real estate license pursuant to title 32, chapter 20.

E. A member may be reappointed. Vacancies occurring other than by expiration of a term shall be filled for the balance of the term in the same manner as for initial appointment. On the expiration of any term, the governor shall appoint a successor for a full term of three years that expires on the third Monday in January of the appropriate year.

F. Board members are eligible to receive compensation for performing their duties in an amount of fifty dollars a day, but not more than one thousand dollars in any one fiscal year, and are eligible for reimbursement of expenses pursuant to chapter 4, article 2 of this title.
A.R.S. § 38-914 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 914
38-914 Employer disclosure; funding ratio
Status: in_force

38-914. Employer disclosure; funding ratio

An employer shall disclose the employer's funding ratio under the plan on the employer's public website.
A.R.S. § 38-259 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 259
38-259 Extent of liability
Status: in_force

38-259. Extent of liability

Every official bond executed by an officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time the officer continues to discharge any of the duties of or hold the office, whether the breaches are committed or suffered by the principal officer, his deputy or clerk. When, except in criminal prosecutions, a penalty, forfeiture or liability is imposed on any officer for nonperformance or malperformance of official duty, the liability therefor attaches to the official bond of the officer, and to the principal and sureties thereon.  Every such bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of the officer by any law enacted subsequently to the execution of the bond, and such condition shall be expressed therein.
A.R.S. § 38-953 — Arizona Code / Title 38 / Chapter 5 / Article 8 / Section 953
38-953 Supplemental option
Status: in_force

38-953. Supplemental option

A. A supplemental defined contribution plan is in addition to and does not replace an employee's existing state defined benefit or defined contribution retirement plan.

B. Except as provided in subsection C of this section, any contributing member of an eligible group that establishes a supplemental defined contribution plan as authorized by this article may participate in the supplemental defined contribution plan.  Participation in any plan established by an eligible group authorizes the member's employer to make reductions or deductions in the member's compensation.  The employer shall submit any reports required by the plan.  Any compensation deferred under the plan shall be included as regular compensation or compensation for the purpose of computing the retirement and pension benefits earned by any employee participating in the plan.

C. If the Arizona state retirement system establishes a supplemental defined contribution plan and an employer member of the Arizona state retirement system elects to participate in the supplemental defined contribution plan, any employee member of the employer who meets the eligibility requirements that are prescribed by the board for participation in the supplemental defined contribution plan and that are selected by the member's employer may participate in the supplemental defined contribution plan.

D. An employee shall make an election to participate in a supplemental defined contribution plan within two years after the employee first meets the eligibility requirements to participate in the plan.  An election to participate in a plan is irrevocable and continues for the remainder of the employee's employment with the employer.

E. If an employee elects to participate in a plan pursuant to this section, the employee shall contribute a prescribed amount of the employee's gross compensation, which shall be a percentage of the employee's gross compensation, a fixed dollar amount, an amount prescribed in the plan or some other definitive amount that may not be modified or revoked by the employee. As the plan prescribes, an employer may annually increase or decrease the employee contributions in increments of one percent up to the maximum allowed by law, or the employee may make a one-time irrevocable election of the employee's contribution amount.  An employee is not required to contribute under this subsection in order to qualify for an employer match under subsection F or G of this section.  The employer match may accrue from any program established by the employer.

F. An employer may elect to match the contributions made by the employee to the supplemental defined contribution plan at a rate determined by the employer.  The employer shall pay this amount to the supplemental defined contribution plan in which the employee participates.

G. An employer may elect to match the contributions made by the employee to any other program established by the employer under the internal revenue code, including any plan established under internal revenue code section 401(a), 403(b) or 457, at a rate determined by the employer. The employee shall determine whether the employer pays the matching contribution to the 401(a), 403(b) or 457 plan in which the employee participates to the supplemental defined contribution plan in which the employee participates or to any other plan established by the employer.

H. The rate of the employer match under subsection F or G of this section shall be determined at the beginning of that employer's budget cycle and shall terminate at the end of that budget cycle. If an employer elects to match under subsection F or G of this section, the employer shall make the contributions.
A.R.S. § 38-797.01 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.01
38-797.01 LTD program
Status: in_force

38-797.01. LTD program

A. A long-term disability program is established.

B. The program is known as the LTD program.
A.R.S. § 38-846.01 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 846.01
38-846.01 Deferred annuity; exception
Status: in_force

38-846.01. Deferred annuity; exception

A. If any member who has at least ten years of credited service terminates employment for reasons other than retirement or disability, the member may elect to receive a deferred annuity, except that if the annuitant withdraws all or part of the annuitant's accumulated contributions in the system all rights in and to a deferred annuity shall be forfeited by the annuitant.  A deferred annuity is a lifetime monthly payment actuarially equivalent to the annuitant's accumulated contributions in the system plus an equal amount paid by the employer and shall commence on application on or after the sixty-second birthday of the annuitant.  The annuity is not a retirement benefit and annuitants are not entitled to receive any amount prescribed by section 38-845, subsection G or section 38-846, 38-856.05 or 38-857.

B. This section does not apply to a member who becomes a member of the system on or after January 1, 2012.  For a member who is hired on or after January 1, 2012 and before July 1, 2017, a member who attains a normal retirement date is eligible for retirement and a retirement benefit even if the member terminates employment with an employer before the age requirement for normal retirement if the member attains the service requirement for normal retirement.  For a member who is hired on or after July 1, 2017, a member who attains a normal retirement date is eligible for retirement and a retirement benefit even if the member terminates employment with an employer before the age requirement for normal retirement if the member attains the credited service requirement for normal retirement.  Once a member described in this subsection reaches the normal retirement age, the member may receive payments made under section 38-845.
A.R.S. § 38-1105 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1105
38-1105 Law enforcement officer as witness; right to representation; exception
Status: in_force

38-1105. Law enforcement officer as witness; right to representation; exception

A. If a law enforcement officer is designated as a witness by the law enforcement officer's employer in an investigation that could lead to another law enforcement officer's dismissal, demotion or suspension, the witness law enforcement officer may request to have a representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness law enforcement officer's representative may be from the witness law enforcement officer's professional membership organization. The witness law enforcement officer's representative may take notes during the interview.

B. The witness law enforcement officer shall answer all questions asked by the law enforcement officer's department investigator, and information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness law enforcement officer is served with a notice of investigation by the employer or the witness law enforcement officer is released from the confidentiality requirements of this section.

C. The witness law enforcement officer may discuss the law enforcement officer's witness interview with the witness law enforcement officer's representative or that representative's legal counsel. The witness law enforcement officer, the witness law enforcement officer's representative or that representative's legal counsel may use the witness law enforcement officer representative's notes only to assist the law enforcement officer in any investigation or disciplinary matter.  Notes taken by the witness law enforcement officer, the witness law enforcement officer's representative or that representative's legal counsel do not constitute an official record of the interview. If the witness law enforcement officer or the witness law enforcement officer's representative releases information without authorization, the employer may subject the witness law enforcement officer or the witness law enforcement officer's representative to disciplinary action.

D. 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. § 38-759 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 759
38-759 Late retirement; definition
Status: in_force

38-759. Late retirement; definition

A. A member who is eligible for normal retirement benefits on the member's normal retirement date may elect to defer receiving retirement benefits.

B. Notwithstanding this section, payment of a member's deferred benefits shall not commence later than the member's required beginning date.

C. For the purposes of this section, "required beginning date" has the same meaning prescribed in section 38-775.
A.R.S. § 38-481 — Arizona Code / Title 38 / Chapter 3 / Article 6 / Section 481
38-481 Employment of relatives; violation; classification; definition
Status: in_force

38-481. Employment of relatives; violation; classification; definition

A. It is unlawful, unless otherwise expressly provided by law, for an executive, legislative, ministerial or judicial officer to appoint or vote for appointment of any person related to him by affinity or consanguinity within the third degree to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer is a member, when the salary, wages or compensation of such appointee is to be paid from public funds or fees of such office, or to appoint, vote for or agree to appoint, or to work for, suggest, arrange or be a party to the appointment of any person in consideration of the appointment of a person related to him within the degree provided by this section.

B. Any executive, legislative, ministerial or judicial officer who violates any provision of this section is guilty of a class 2 misdemeanor.

C. The designation executive, legislative, ministerial or judicial officer includes all officials of the state, or of any county or incorporated city within the state, holding office either by election or appointment, and the heads of the departments of state, county or incorporated cities, officers and boards or managers of the universities.
A.R.S. § 38-533 — Arizona Code / Title 38 / Chapter 3 / Article 9 / Section 533
38-533 Exemptions
Status: in_force

38-533. Exemptions

This article does not apply to an employee or former employee of a state university or the board of regents which has in effect at the time a personnel action is taken against the employee a rule or provision for the protection of its employees from reprisal for the disclosure of information to a public body, except that the employee or former employee may appeal the final administrative decision to the superior court as provided in title 12, chapter 7, article 6. Notwithstanding section 12-910, an employee or former employee who has been dismissed is entitled to a trial de novo in superior court.
A.R.S. § 38-319 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 319
38-319 Vacancy in board of managers
Status: in_force

38-319. Vacancy in board of managers

When a vacancy occurs in the board of managers selected by the house to try impeachment proceedings before the senate, and the house of representatives is not in session, the speaker or the presiding member, or if there is no presiding member, then the oldest member of the house in point of age, shall appoint a member of the house to fill the vacancy.
A.R.S. § 38-658 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 658
38-658 Report to joint legislative budget committee
Status: in_force

38-658. Report to joint legislative budget committee

At least ten days before the department of administration enters into or renews contracts for medical and dental insurance coverage, the director of the department of administration shall meet with and review for the joint legislative budget committee in executive session the planned contribution strategy for each health plan, including indemnity health insurance, hospital and medical service plans, dental plans and health maintenance organizations. Information provided in executive session shall remain confidential until the contract award is made in compliance with title 41, chapter 23.
A.R.S. § 38-840.10 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.10
38-840.10 Exemption from execution and attachment; taxation
Status: in_force

38-840.10. Exemption from execution and attachment; taxation

A. The employer and member contributions and the securities in the EODC disability program trust fund established by section 38-840.02 are not subject to execution or attachment and are nonassignable. The employer and member contributions and the securities in the EODC disability program trust fund established by section 38-840.02 are exempt from state, county and municipal income taxes. Benefits received by a member from the EODC disability program are subject to tax pursuant to title 43.

B. Interest, earnings and all other credits on monies in the EODC disability program trust fund are not subject to execution or attachment and are nonassignable.
A.R.S. § 38-846.04 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 846.04
38-846.04 Reinstatement of credited service; effect of prior law
Status: in_force

38-846.04. Reinstatement of credited service; effect of prior law

A. A member who received a severance refund on termination of employment as provided in section 38-846.02, who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-849 or a member who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the following times for the specified situations:

1. At the time of the member's reemployment if the member is reemployed by an employer other than the same employer.

2. At the time of the member's reemployment if the member is reemployed by the same employer at least ninety days after the date of termination.

3. At the time of the member's most recent termination if the member is reemployed by the same employer in any capacity within ninety days after the date of termination.

B. Subsection A of this section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.

C. If a member was initially employed on or after July 1, 2017, regardless of whether the member received a severance refund or redeposits the amount withdrawn with interest, the member shall return to the system as irrevocably elected pursuant to section 38-842.01.

D. A member who transfers credited service from one employer to another employer pursuant to section 38-853 retains the benefits and duties in effect at the time of the member's transfer.
A.R.S. § 38-797 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797
38-797 Definitions
Status: in_force

38-797. Definitions

In this article, unless the context otherwise requires:

1. "ASRS" means the Arizona state retirement system established by article 2 of this chapter.

2. "Assets" means the accumulated resources of the LTD program.

3. "Board" means the ASRS board established pursuant to section 38-713.

4. "Compensation" has the same meaning prescribed in section 38-711.

5. "Depository" means a bank in which the monies of the LTD program are deposited and collateralized as provided by law.

6. "Employer" has the same meaning prescribed in section 38-711.

7. "Employer contributions" means all amounts paid into the LTD program by an employer.

8. "Fiscal year" has the same meaning prescribed in section 38-711.

9. "LTD program" means the long-term disability program established by this article.

10. "Member" has the same meaning prescribed in section 38-711.

11. "Monthly compensation" means the amount determined by taking the six pay periods immediately before the date of the member's disability in the fiscal year in which the member develops a disability, disregarding the highest two and lowest two compensation amount pay periods and deriving the mean of the two remaining pay periods.  If the member was employed for fewer than six pay periods, monthly compensation is determined by deriving the mean of the number of pay periods the member worked in the fiscal year in which the member develops a disability.

12. "Normal retirement date" has the same meaning prescribed in section 38-711.

13. "Political subdivision" has the same meaning prescribed in section 38-711.

14. "State" has the same meaning prescribed in section 38-711.
A.R.S. § 38-715 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 715
38-715 Director; powers and duties
Status: in_force

38-715. Director; powers and duties

A. The board shall appoint a director. The director shall serve at the pleasure of the board.

B. The director shall appoint a deputy director and assistant directors with the approval of the board.

C. The director, under the supervision of the board, shall:

1. Administer this article.

2. Be responsible for the recruitment, hiring and day-to-day management of employees.

3. Prescribe procedures to be followed by members and their beneficiaries in filing applications for benefits.

4. Prescribe procedures to be followed by employers for remitting data and monies to ASRS and for receiving data and monies from ASRS.

5. Be responsible for:

(a) Income and the collection of income and the accuracy of all expenditures.

(b) Maintaining books and maintaining and processing records of ASRS.

(c) Providing continuing education programs for the board to keep the board members informed of current issues and information needed to carry out their duties.

6. Perform additional powers and duties as may be prescribed by the board and delegated to the director.

D. The director, under the supervision and approval of the board, may:

1. Delegate duties and responsibilities to such state departments as the director deems feasible and desirable to administer this article.

2. Appoint a custodian for the safekeeping of all investments owned by ASRS and register stocks, bonds and other investments in the name of a nominee.

3. Establish one or more reserve holding accounts, into which the board shall close periodically the account balances of inactive accounts.  If any person files a claim and furnishes proof of ownership of any amounts in any inactive account, the claim shall be paid from the reserve holding account on the same basis as if no action had been taken under this paragraph.  Interest and supplemental credits shall be allocated to each reserve holding account on June 30 of each year, as determined by the board. For the purposes of this paragraph, "inactive account" means an account to which contributions have not been paid for six months or more.

4. Make retirement under this article effective retroactively to on or after the day following the date employment is terminated if the member was unable to apply before the retroactive effective date through no fault of the member.

E. For current or prospective employees of ASRS, the director, under the supervision of the board, may:

1. Conduct criminal records checks. The director may require a current or prospective employee to submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

2. Conduct credit checks for accounting, investment and other finance-related positions. The director shall establish a policy for conducting credit checks on a current employee that includes the method for determining when a credit check may be conducted, retaining records relating to the reason for the credit check and notifying an employee of the credit check and the result of the credit check.

F. The director and all persons employed by the director are subject to section 38-611 and title 41, chapter 4, article 4.

G. In consultation with the director of the department of administration, the board may enter into employment agreements and establish the terms of those agreements with persons holding any of the following ASRS positions:

1. Director.

2. Deputy director.

3. Chief investment officer.

4. Fiduciary or investment counsel.
A.R.S. § 38-253 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 253
38-253 Approval of bond; filing
Status: in_force

38-253. Approval of bond; filing

The approval of every official bond shall be endorsed thereon, signed by the officer approving the bond, and filed within the time prescribed for filing the oath in the office in which the official oath of the office is filed, except that the bonds of deputies or employees shall be filed with the officer appointing the deputy or employee. No fee shall be charged for the filing or recording thereof.
A.R.S. § 38-443 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 443
38-443 Nonfeasance in public office; classification
Status: in_force

38-443. Nonfeasance in public office; classification

A public officer or person holding a position of public trust or employment who knowingly omits to perform any duty the performance of which is required of him by law is guilty of a class 2 misdemeanor unless special provision has been made for punishment of such omission.
A.R.S. § 38-743 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 743
38-743 Public service credit
Status: in_force

38-743. Public service credit

A. If an active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 was previously employed by the United States government, a state, territory, commonwealth, overseas possession or insular area of the United States or a political subdivision of a state, territory, commonwealth, overseas possession or insular area of the United States, excluding any time worked for a prison while the member was incarcerated, the member may receive credited service for this prior employment if the member pays into ASRS the amount prescribed in subsection B of this section.  For a member whose membership date is on or after July 20, 2011, the member may receive not more than sixty months of credited service.

B. A member who elects to receive credit for service with the United States government, a state, territory, commonwealth, overseas possession or insular area of the United States or a political subdivision of a state, territory, commonwealth, overseas possession or insular area of the United States 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 retirement benefits 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.
A.R.S. § 38-870.02 — Arizona Code / Title 38 / Chapter 5 / Article 4.2 / Section 870.02
38-870.02 Disability program trust fund
Status: in_force

38-870.02. Disability program trust fund

A. The disability program trust fund is established for the purpose of paying benefits under and costs of administering the disability program.  The trust fund shall be administered by the board.

B. The disability program trust fund consists of all monies paid into the trust fund pursuant to this article, whether in the form of cash, securities or other assets, and all monies received from any other source. Except as provided in subsection C, paragraph 1 of this section, the disability program trust fund is exempt from title 44, chapter 3.

C. Abandoned monies shall revert to the disability program trust fund under the following conditions:

1. Monies in the trust fund are presumed abandoned if the system has taken the required action described in this subsection to identify and locate the apparent owner and the apparent owner as defined in section 44-301 has not communicated in writing with the system and has not otherwise indicated an interest in the monies for the three-year period following the required beginning date of distributions.

2. Before monies are presumed abandoned, the system shall attempt to contact the apparent owner in writing. If this notice is returned by the postal authority as undeliverable, each year for three years from the date that distributions should have begun, the system shall make a good faith attempt to locate the apparent owner, including contacting any known beneficiary on record with the system, searching public databases to identify the address of the apparent owner or using the services of a third-party address verification service. If the good faith attempt to locate the apparent owner fails, monies are presumed abandoned pursuant to this subsection.

3. At the time monies are presumed abandoned pursuant to this subsection, any other property right accrued or accruing to the apparent owner as a result of the interest in those monies, and not previously presumed abandoned, is also presumed abandoned.

4. Interest ceases to accrue on the monies on the date the monies are presumed abandoned.

D. The custody, management and investment of the disability program trust fund are as prescribed by this article and article 4 of this chapter.
A.R.S. § 38-856.06 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 856.06
38-856.06 Cost-of-living adjustment; members hired on or after July 1, 2017; definition
Status: in_force

38-856.06. Cost-of-living adjustment; members hired on or after July 1, 2017; definition

A. For members who are hired on or after July 1, 2017, each eligible retired member or survivor of a retired member may receive a compounding cost-of-living adjustment in the base benefit as provided in this section.

B. A retired member or survivor of a retired member is eligible to receive a cost-of-living adjustment under this section beginning the earlier of the first calendar year after the seventh anniversary of the retired member's retirement or when the retired member is or would have been sixty years of age.

C. A cost-of-living adjustment shall be paid on July 1 each year that the funded ratio for members who are hired on or after July 1, 2017 is seventy percent or more, as reported in the most recent actuarial valuation.

D. An eligible retired member or survivor of a retired member shall receive annually a cost-of-living adjustment in the base benefit based on the average annual percentage change in the metropolitan Phoenix-Mesa consumer price index published by the United States department of labor, bureau of labor statistics, with the immediately preceding year as the base year for making the determination, not to exceed annually the following:

1. Two percent of the retired member's or survivor's base benefit if the funded ratio for members who are hired on or after July 1, 2017 is ninety percent or more, as reported in the most recent actuarial valuation.

2. One and one-half percent of the retired member's or survivor's base benefit if the funded ratio for members who are hired on or after July 1, 2017 is eighty percent or more but less than ninety percent, as reported in the most recent actuarial valuation.

3. One percent of the retired member's or survivor's base benefit if the funded ratio for members who are hired on or after July 1, 2017 is seventy percent or more but less than eighty percent, as reported in the most recent actuarial valuation.

E. The system actuary shall include the projected cost of providing the cost-of-living adjustment specified in subsection D of this section in the calculation of normal cost and accrued liability.

F. For the purposes of this section, "funded ratio" means the ratio of the market value of assets to the actual accrued liabilities.
A.R.S. § 38-813 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 813
38-813 Availability of retired judges for certain legal services; compensation
Status: in_force

38-813. Availability of retired judges for certain legal services; compensation

A. Every judge retired under this plan may, if physically and mentally able, be subject to call by the supreme court or the chief justice of the supreme court to assist the supreme court, court of appeals or superior court under such directions as the supreme court may give, including the examination of the facts in cases before the court, the examination of authorities cited and the preparation of opinions for and on behalf of the court. The court may order these opinions, to the extent approved by the court, to constitute the opinion of the court. The retired judge may, subject to any rule which the supreme court adopts, perform any duties preliminary to the final disposition of cases insofar as they are not inconsistent with the constitution of this state.

B. Notwithstanding any provision of law to the contrary, a retired judge who is temporarily called back to the active duties of a judge is entitled to receive the same compensation and expenses as other like active judges less any amount received for that period in retirement benefits.
A.R.S. § 38-263 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 263
38-263 Additional bond; failure to file
Status: in_force

38-263. Additional bond; failure to file

A. When a surety on any official bond moves from the state, becomes insolvent or insufficient, or the penalty on the bond becomes insufficient, the person approving the bond shall, of his own motion, or on the showing of any person, supported by an affidavit, at once notify any such officer to appear before him at a time stated, not less than three nor more than ten days after the service of the notice, and show cause why he should not execute a new or additional bond with good and sufficient sureties.

B. After hearing thereon, either party aggrieved by the decision may appeal to the judge of the superior court of the county in which the bond is filed, and in the absence of the judge, to the court commissioner of the county, who shall proceed to hear the matter summarily and decide the case, and such decision shall be final. If the officer fails to appear, the matter may be heard in his absence, and if any officer, when required to do so, fails to file a new or additional bond, his office shall be deemed vacant.
A.R.S. § 38-221 — Arizona Code / Title 38 / Chapter 2 / Article 3 / Section 221
38-221 Commission of office
Status: in_force

38-221. Commission of office

A. The governor shall commission in the name and by the authority of the state:

1. Officers elected by the electors of the state whose commissions or certificates of election are not otherwise provided for.

2. Officers elected by the legislature.

3. Officers of the militia.

4. Officers appointed by the governor, or by the governor with the advice and consent of the senate.

B. The commission shall be signed by the governor and attested by the secretary of state under the great seal of the state.

C. The commissions of all officers other than those provided for in subsection A of this section, where no special provision is made by law, shall be signed by the presiding officer of the body or person making the appointment.
A.R.S. § 38-723 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 723
38-723 Recovery of collection costs; levy and distraint; definitions
Status: in_force

38-723. Recovery of collection costs; levy and distraint; definitions

A. A debtor who fails to pay any monies owed to ASRS is liable for all costs and expenses incurred by ASRS to collect the monies owed.  ASRS may collect these expenses and costs at the time of collecting the monies owed to ASRS.

B. If a debtor neglects or refuses to pay a debt owed to ASRS after ASRS has made at least two separate attempts to collect the debt and not fewer than thirty days after ASRS determines a debt is owed, ASRS may collect the debt and such other sums as are sufficient to cover the expenses of the levy, by levy on:

1. Cash and cash equivalent property at financial institutions.

2. The accrued salary or wages of the debtor, by serving notice of levy on the chief disbursing officer of the debtor's employer.

C. The financial institution or the chief disbursing officer of the debtor's employer shall notify the debtor of the levy within five business days of the levy.  The debtor may appeal the levy to ASRS.

D. The effect of a levy on salary or wages payable to or received by a debtor is continuous from the date the levy is first made until the liability out of which the levy arose is satisfied or becomes unenforceable.  ASRS shall promptly release the levy when the liability out of which the levy arose is satisfied or becomes unenforceable and shall promptly notify the debtor on whom the levy was made that the levy has been released.

E. If a levy has been made or is about to be made, any person having custody or control of any books or records containing evidence or statements relating to the property subject to levy, on request from ASRS, shall exhibit the books or records to ASRS.

F. Except as otherwise provided in subsection D of this section, a levy extends only to property possessed and obligations existing at the time of the levy or within thirty days after the date of the levy.  In any case in which ASRS may levy on property, ASRS may seize the cash property and may seize and convert cash equivalent property to cash.

G. For the purposes of this section:

1. "Financial institutions" means state and federally chartered banks, trust companies, federal and state savings and loan associations, federal and state credit unions, consumer lenders, international banking facilities and financial institution holding companies, insurance companies, benefit associations, safe deposit companies, money market mutual funds and similar institutions authorized to do business in this state and any party affiliated with these financial institutions.

2. "Levy" includes the power of distraint and seizure by any means.
A.R.S. § 38-876 — Arizona Code / Title 38 / Chapter 5 / Article 5.1 / Section 876
38-876 Deferred compensation plan; administration
Status: in_force

38-876. Deferred compensation plan; administration

A. The board shall establish, design and administer a deferred compensation plan in which a participant may participate.

B. The board, in the administration, management and operation of the deferred compensation plan, may:

1. Employ services as it deems necessary, including legal services, for the operation and administration of the deferred compensation plan.

2. Administer the deferred compensation plan through contracts with multiple vendors.

3. Perform all acts that it deems necessary and proper for the operation and protection of the deferred compensation plan.
A.R.S. § 38-739.01 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 739.01
38-739.01 Credited service retention
Status: in_force

38-739.01. Credited service retention

Consistent with the compliance statement issued by the United States internal revenue service, an employee who is employed with an ASRS employer in a position that was exempt from ASRS membership because the position was not included in agreements providing for the employee's coverage under the federal old-age and survivors insurance system but on whose behalf the employer has remitted ASRS contributions shall retain credited service for the period of employment for which the employer remitted ASRS contributions on the employee's behalf.
A.R.S. § 38-901 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 901
38-901 Transfers into or out of retirement plan
Status: in_force

38-901. Transfers into or out of retirement plan

A. A member who changes employment or transfers or is assigned to a position in which the member is no longer eligible to be a member of this plan, because of a change in duties or otherwise, with the same or another employer of this state or a municipality of this state participating in a different retirement system or plan, is entitled to have all credited service transferred to the retirement system or plan applicable to the new position in accordance with article 7 of this chapter.

B. A member who begins employment with a participating employer in this plan and who has credited service from a different system or plan may transfer the prior service to this plan in accordance with article 7 of this chapter.
A.R.S. § 38-807 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 807
38-807 Survivor pensions
Status: in_force

38-807. Survivor pensions

A. The surviving spouse of a deceased retired member shall be paid 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.  For a member who becomes a member of the plan before January 1, 2012, the amount of pension paid a surviving spouse is equal to three-fourths of the amount of the deceased retired member's pension at the time of death.  For a member who becomes a member of the plan on or after January 1, 2012, the amount of pension paid a surviving spouse is equal to one-half of the amount of the deceased retired member's pension at the time of death, except that at the time of retirement a member may elect an optional form of retirement benefit, as determined by the board, that provides for an actuarially reduced pension and an increased surviving spouse's benefit.  The surviving spouse shall file a written application with the plan in order to receive the survivor benefit.

B. The surviving spouse of a deceased active or inactive member shall be paid a surviving spouse's pension if the spouse was married to the member on the date of the member's death.  Payment of a surviving spouse's pension commences as of the last day of the month following the 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.  For the purposes of this subsection, for a member who becomes a member of the plan before January 1, 2012, the surviving spouse's pension shall be three-fourths of the amount calculated in the same manner as a disability pension is calculated pursuant to section 38-806. For a member who becomes a member of the plan on or after January 1, 2012, the surviving spouse's pension shall be one-half of the amount calculated in the same manner as a disability pension is calculated pursuant to section 38-806. The surviving spouse shall file a written application with the plan in order to receive the survivor benefit.

C. If the deceased retired or active or inactive member does not have an eligible surviving spouse or the pension of the eligible surviving spouse is terminated, each eligible child is entitled to receive a child's pension.  A child's pension terminates if the child is adopted.  In the case of a child with a disability, the child's pension terminates if the child ceases to be under a disability or ceases to be a dependent of the surviving spouse or guardian.  The amount of the pension of each eligible child is an equal share of the amount of the surviving spouse's pension. The surviving minor or child's with a disability pension shall be paid to the person who is the legally appointed guardian or custodian of the eligible child until the eligible child reaches eighteen years of age, at which time the eligible child's pension shall be paid directly to the eligible child so long as the person remains eligible to receive the pension and is not subject to a guardianship or conservatorship due to disability or incapacity. The pension of a child with a disability who is eighteen years of age or older and who is subject to a guardianship or conservatorship due to disability or incapacity shall continue to be paid to the guardian or conservator so long as the child remains eligible for the pension payment.

D. If a member dies and no pension is payable on account of the member's death, the deceased member's accumulated contributions shall be paid to the person or persons designated by the deceased member in writing and filed with the board. If the designated person or persons do not survive the deceased member, the accumulated contributions shall be paid to the estate of the deceased member.
A.R.S. § 38-900.01 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 900.01
38-900.01 Statutory construction
Status: in_force

38-900.01. 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 corrections officers 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. § 38-774 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 774
38-774 Excess benefit arrangement
Status: in_force

38-774. Excess benefit arrangement

A. A separate unfunded governmental excess benefit arrangement is established outside of and apart from the trust fund established by section 38-712 to pay members benefits that are otherwise payable by ASRS and that exceed the limitations on benefits imposed by section 415 of the internal revenue code. The board shall administer this excess benefit arrangement as a qualified governmental excess benefit arrangement pursuant to section 415(m) of the internal revenue code.

B. The board may adopt rules to implement this section subject to the following:

1. Benefits under this section are subject to section 38-773 and section 38-791, subsections D and F and are exempt from execution to the same extent as provided in section 38-792.

2. Contributions to this arrangement are not held in trust and shall not be commingled with other monies of ASRS.

C. A member is entitled to a monthly benefit under this section in an amount equal to the amount that the member's benefit that is payable by ASRS has been reduced by the limitation on benefits imposed by section 38-769 and section 415 of the internal revenue code. The benefit that is payable by this arrangement shall be paid at such time or times and in such form as the benefit under ASRS would be paid.

D. The benefit that is payable under this section shall be paid with employer contributions that would otherwise be made to ASRS under section 38-737. In lieu of the employer contributions being paid to the trust fund established by section 38-712, an amount determined by ASRS as necessary to pay benefits under this section shall be paid on a monthly basis to a separate account established by the board for this arrangement and may include amounts needed to pay reasonable and necessary expenses of this arrangement. The director may invest the monies in this account in suitable short-term investments between receipt of the monies and disbursement of the monies. The amount shall be paid to the account at least fifteen days before a disbursement is to be made under this section.

E. A member shall not directly or indirectly elect to defer compensation to purchase benefits provided under this section.

F. This section shall not be construed as requiring an employer or ASRS to purchase any investment or any contract to secure any obligations under this section. If an employer or ASRS purchases an investment or contract that the employer or ASRS earmarks to pay benefits under this section, title to and beneficial ownership of the investment or contract remain at all times in the employer or ASRS, and the member and the member's beneficiaries, if any, do not have any proprietary interest in any specific assets of the employer or ASRS. Any rights of the member and the member's beneficiaries, if any, to payment of any amounts under this section shall be those of general unsecured creditors of the employer or ASRS. This section and any action taken pursuant to this section by the employer or ASRS do not create and shall not be construed to create an irrevocable trust of any kind.
A.R.S. § 38-884.01 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 884.01
38-884.01 Reinstatement of credited service; effect of prior law
Status: in_force

38-884.01. Reinstatement of credited service; effect of prior law

A. A member who received a severance refund on termination of employment as provided in section 38-884, who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-884 or a member who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the following times for the specified situations:

1. At the time of the member's reemployment if the member is reemployed by an employer other than the same employer.

2. At the time of the member's reemployment if the member is reemployed by the same employer at least ninety days after the date of termination.

3. At the time of the member's most recent termination if the member is reemployed by the same employer in any capacity within ninety days after the date of termination.

B. Subsection A of this section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.

C. If a member was initially employed on or after July 1, 2018, regardless of whether the member received a severance refund or redeposits the amount withdrawn with interest, the member shall return to the plan as irrevocably elected pursuant to section 38-881.01.

D. A member who transfers credited service from one employer to another employer pursuant to section 38-908 retains the benefits and duties in effect at the time of the member's transfer.
A.R.S. § 38-843.06 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 843.06
38-843.06 Required distributions
Status: in_force

38-843.06. Required distributions

All distributions required under this article shall be determined and made pursuant to section 401(a)(9) of the internal revenue code and the regulations that are issued under that section by the United States secretary of the treasury.
A.R.S. § 38-256 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 256
38-256 Form of official bonds
Status: in_force

38-256. Form of official bonds

All official bonds shall be joint and several in form and made payable to the state of Arizona. The condition shall be that the principal will well, truly and faithfully perform all official duties required of him by law. The bond shall be signed by the principal and at least two sureties or a qualified surety company, and shall comply and be subject to the law governing the bond of such officer.
A.R.S. § 38-233 — Arizona Code / Title 38 / Chapter 2 / Article 4 / Section 233
38-233 Filing oaths of record
Status: in_force

38-233. Filing oaths of record

A. The official oaths of state elective officers shall be filed of record in the office of the secretary of state. The official oaths of all other state officers and employees shall be filed of record in the office of the employing state board, commission or agency.

B. The official oaths of elective county and elective precinct officers shall be filed of record in the office of the county recorder, except the oath of the recorder, which shall be filed with the clerk of the board of supervisors. The official oaths of notaries public shall be endorsed upon their bond and filed with the secretary of state. The official oaths of all other county and precinct officers and employees shall be filed of record in the office of the employing county or precinct board, commission or agency.

C. The official oaths of all city, town or municipal corporation officers or employees shall be filed of record in the respective office of the employing board, commission or agency of the cities, towns and municipal corporations.

D. The official oaths of all officers and employees of all school districts shall be filed of record in the school district office.

E. The official oaths of all officers and employees of each public educational institution except school districts shall be filed of record in the respective offices of the public educational institutions.

F. The official oath or affirmation required to be filed of record shall be maintained as an official record throughout the person's term, appointment or employment plus a period of time to be determined pursuant to sections 41-151.15 and 41-151.19.