A.R.S. § 38-538.03 — Arizona Code / Title 38 / Chapter 3 / Article 10 / Section 538.03
38-538.03 Exemptions
Status: in_force

38-538.03. Exemptions

A. This article does not apply to a motor vehicle designated for the use of the governor.

B. The head of a state department or agency with the power and duty to conduct rehabilitation or social service programs, felony investigations or activities of a confidential nature may apply to the governor, or the head of a department or agency of a political subdivision may apply to the governing body of the political subdivision, for an exemption from this article for a motor vehicle used in this service. The application shall state the nature of the service and the year, make, model and identification number of the motor vehicle and shall provide other information the governor or political subdivision governing body requires. The governor or political subdivision governing body may grant the exemption for not more than one year.
A.R.S. § 38-897 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 897
38-897 Assignments prohibited; liability of fund
Status: in_force

38-897. Assignments prohibited; liability of fund

A. The right of an individual to a pension, to a refund of accumulated member contributions, to the pension itself or to any other right accrued or accruing to any individual, and the monies and assets of the retirement plan, are not subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or other process of law except a qualified domestic relations order and are unassignable except as may be otherwise specifically provided.

B. Any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right provided in subsection A is void. The fund is not liable in any manner for or subject to the debts, contracts, liabilities, engagements or torts of any person entitled to these rights.

C. This section does not exempt employee benefits of any kind from a writ of attachment, a writ of execution, a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.

D. A person who defrauds the plan or who takes, converts, steals or embezzles monies owned by or from the plan and who fails or refuses to return the monies to the plan on the board's written request is subject to civil suit by the plan in the superior court in Maricopa county.  On entry of an order finding the person has defrauded the plan or taken, converted, stolen or embezzled monies owned by or from the plan, the court shall enter an order against that person and for the plan awarding the plan all of its costs and expenses of any kind, including attorney fees, that were necessary to successfully prosecute the action.  The court shall also grant the plan a judicial lien on all of the nonexempt property of the person against whom judgment is entered pursuant to this subsection in an amount equal to all amounts awarded to the plan, plus interest at the rate prescribed by section 44-1201, until all amounts owed are paid to the plan.

E. Notwithstanding any other provision of this article, the board may offset against any benefits otherwise payable by the plan to an active or retired member or survivor any court ordered amounts awarded to the board and plan and assessed against the member or survivor.
A.R.S. § 38-935 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 935
38-935 Transfer of monies by employer
Status: in_force

38-935. Transfer of monies by employer

A. The board may authorize a participating employer to transfer monies into the prefunding plan.  A transfer of monies into the prefunding plan shall comply with all of the following:

1. The transfer satisfies the terms of the contract between the governing body of the participating employer and the board.

2. The transfer satisfies the requirements under the applicable governmental accounting standards.

3. The transfer does not jeopardize the tax-exempt status of the prefunding plan's income.

B. Except as otherwise provided in this section and sections 38-936 and 38-937, monies transferred by a participating employer to the prefunding plan pursuant to subsection A of this section are irrevocable and may not be refused by the board or refunded or returned to the participating employer making the transfer.
A.R.S. § 38-1112 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1112
38-1112 Law enforcement officers; fitness for duty examinations; rights of officers; definitions
Status: in_force

38-1112. Law enforcement officers; fitness for duty examinations; rights of officers; definitions

A. An employer may order a law enforcement officer to submit to a physical, psychological or behavioral examination only if the law enforcement officer has acted or failed to act in an observable manner that indicates that there is a physical, psychological or behavioral condition materially limiting the law enforcement officer's ability to perform the essential functions of the law enforcement officer's job within the law enforcement officer's job description. The order shall state all of the specific objective facts on which the order for the examination is based except that the order may omit the specific names of individuals who reported the law enforcement officer's conduct to the supervisor.

B. The order shall provide at least ten calendar days' notice to the law enforcement officer to be examined and shall specify the time, place, manner, conditions and scope of the examination and the person or persons who will conduct the examination. Specific to psychological examinations, if the law enforcement officer is a danger to himself or others, the ten-day notice is not required. The law enforcement officer to be examined may have a representative present during the examination if the professional conducting the examination agrees.

C. The employer shall provide the law enforcement officer with the final report of the examination containing the professional's findings within five business days after the law enforcement agency receives the final report from the professional. The employer may provide any additional information related to the fitness for duty examination to the examining professional.

D. The report shall be provided only to the employer and the law enforcement officer and shall not be provided to any other person except as required for any subsequent appeal or certification action involving the law enforcement officer. The employer shall provide notice to the law enforcement officer that the report has been received by the employer.  The report shall be provided to the law enforcement officer immediately if the law enforcement officer presents the final report of an independent medical examination or if the law enforcement officer waives any right to request an independent medical examination. If the law enforcement officer does not present the results of an independent medical examination within twenty calendar days after the employer provides notice to the law enforcement officer that the report has been received by the employer, the law enforcement officer is deemed to have waived the right to present the results of the independent medical examination.

E. The employer shall make a reasonable good faith effort to deliver the report to the law enforcement officer.

F. The professional may consider and report on only the law enforcement officer's medical or other records that are directly relevant to the actions in question, including preemployment physical, behavioral and psychological evaluations, and when conducting the examination, including medical records that record preexisting conditions that are relevant to the examination. The professional may additionally consider and report any condition of the law enforcement officer that the professional identifies during the course of the examination and that endangers the safety of the law enforcement officer or the community.

G. The employer shall not take any final action until after the law enforcement officer has had at least twenty calendar days to review the report unless the law enforcement officer waives the twenty-day period or the employer grants an extension.

H. This section does not prohibit the preexamination materials from being used in any proceeding held pursuant to section 38-1104.

I. Providing the preexamination materials to the person conducting the independent examination of the law enforcement officer does not change the disclosure requirements under section 38-1104.

J. For the purposes of this section:

1. "Independent medical examination" means an assessment that is requested by a law enforcement officer, that is conducted by a physician who is licensed pursuant to title 32, chapter 13 or 17 and that is used to provide a second, independent opinion of a current law enforcement officer who has been determined to not be able to perform essential functions of the job as a result of observation and a subsequent employer-ordered physical examination.

2. "Law enforcement officer" means:

(a) A regularly employed and paid individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board and who is working in a position requiring certification by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district, an at-will employee or a voluntary or reserve employee.

(b) A corrections officer or detention officer, other than a juvenile detention officer, who is employed by this state or a political subdivision of this state.

3. "Preexamination materials" means all information or materials, including preemployment material, that the employer gives to the physician who conducts the examination and that serve as the basis for the examination.

4. "Professional" means any licensed physician, psychologist or psychiatrist or any licensed individual who provides a behavioral, physical or psychological evaluation or opinion on a law enforcement officer after an employer's order.
A.R.S. § 38-706 — Arizona Code / Title 38 / Chapter 5 / Article 1 / Section 706
38-706 Referenda and certification
Status: in_force

38-706. Referenda and certification

A. On request of the board of trustees of a retirement system established by this state, the governor may authorize a referendum.  On request of the governing body of any political subdivision that has established a retirement system, the governor shall authorize a referendum.

B. The referendum shall be conducted and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the social security act, on the question of whether service in positions covered by the retirement system should be excluded from or included under an agreement under this article.  The notice of referendum required by section 218(d)(3)(C) of the social security act to be given to employees shall contain or shall be accompanied by a statement, in the form and detail deemed necessary and sufficient by the agency or individual designated to supervise the referendum, to inform the employees of the rights that will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this article.

C. On receipt of evidence satisfactory to the governor that with respect to any referendum the conditions specified in section 218(d)(3) of the social security act have been met, the governor shall so certify to the commissioner of social security.
A.R.S. § 38-622 — Arizona Code / Title 38 / Chapter 4 / Article 2 / Section 622
38-622 Authorization for travel; claims
Status: in_force

38-622. Authorization for travel; claims

A. When the official duties of a public officer, deputy or employee require the public officer, deputy or employee to travel from the public officer's, deputy's or employee's designated post of duty, the public officer, deputy or employee shall be allowed reimbursement of the expenses incurred for that travel.

B. The reimbursement of expenses shall be authorized by travel orders signed by the head of the department or agency, or by a person to whom that authority has been properly delegated.

C. Claims by public officers, deputies, and employees for reimbursement of expenses for transportation, lodging, meals and incidentals and long-term subsistence allowances shall be submitted on forms prescribed by and in the manner required by the department of administration.
A.R.S. § 38-853.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 853.02
38-853.02 Purchase of service; payment
Status: in_force

38-853.02. Purchase of service; payment

A member who purchases service pursuant to this article or section 38-922 or 38-924 shall make payments directly to the system in whole or in part by any one or a combination of the following methods:

1. In lump sum payments.

2. Through an arrangement with the system that the payments be made in installment payments over a period of time.

3. Subject to the limitations prescribed in sections 401(a)(31) and 402(c) of the internal revenue code, accepting a direct transfer of any eligible rollover distribution or a contribution by a member of an eligible rollover distribution from one or more:

(a) Retirement programs that are qualified under section 401(a) or 403(a) of the internal revenue code.

(b) Annuity contracts described in section 403(b) of the internal revenue code.

(c) Eligible deferred compensation plans described in section 457(b) of the internal revenue code that are 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.

4. Subject to the limitations prescribed in section 408(d)(3)(A)(ii) of the internal revenue code, accepting from a member a rollover contribution of that portion of a distribution from an individual retirement account or individual retirement annuity described in section 408(a) or 408(b) of the internal revenue code that is eligible to be rolled over and would otherwise be includable as gross income.
A.R.S. § 38-840.13 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.13
38-840.13 Liquidation of the EODC disability program
Status: in_force

38-840.13. Liquidation of the EODC disability program

If the legislature determines that the EODC disability program is no longer to be operated for the purposes set forth in this article, any monies remaining in the EODC disability program trust fund after paying all liabilities of the program or after making adequate provision for paying those liabilities revert to the general funds of the employers that were making contributions to the EODC disability program at the time the legislature terminates the EODC disability program.  The reverted monies shall be prorated according to the gross amount of contributions made by the employers to the EODC disability program.
A.R.S. § 38-893.01 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 893.01
38-893.01 Voluntary local board consolidation; membership; duties
Status: in_force

38-893.01. Voluntary local board consolidation; membership; duties

A. A local board may enter into an intergovernmental agreement with other local boards to consolidate the boards for the respective employers.

B. The consolidated local board shall work with the board of trustees to ensure that the new board is duly empaneled consistent with the representation outlined in section 38-893, subsection A and that all appointments or elections for local board members are completed in a timely manner.  The consolidated local board shall submit to the board of trustees the names of the members of the consolidated local board and the consolidated local board's secretary and independent legal counsel and shall submit any changes to those positions within ten days after the change.

C. The consolidated local board shall decide eligibility for membership and disability and in the line of duty death benefits and have all of the duties and responsibilities of a local board pursuant to this article.

D. Within one hundred eighty days after appointment or election, all consolidated local board members and the local board's secretary shall complete local board training as prescribed by the board of trustees, including open meeting laws, ethics, legal review and fiduciary responsibilities and duties.  The local board's independent legal counsel shall review the model uniform rules for local board procedure that are issued by the board of trustees.

E. The local board's independent legal counsel may not be employed by or contracted with the employer or any employee organizations. The independent legal counsel may not represent a member of the plan before any local board or any judicial appeal of a local board decision.
A.R.S. § 38-840.03 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.03
38-840.03 Eligibility
Status: in_force

38-840.03. Eligibility

All members are subject to this article and shall participate in the EODC disability program.
A.R.S. § 38-905.05 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 905.05
38-905.05 Cost-of-living adjustment; members hired on or before June 30, 2018
Status: in_force

38-905.05. Cost-of-living adjustment; members hired on or before June 30, 2018

A. For members hired on or before June 30, 2018, each retired member or survivor of a retired member is eligible to receive a compounding cost-of-living adjustment in the base benefit as provided in this section. The first payment under this section shall be made immediately following the first year the cost-of-living adjustment specified in subsection C of this section is paid. The cost-of-living adjustment shall be made on July 1 each year thereafter.

B. A retired member or a 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 two percent of the retired member's or survivor's base benefit.

C. In the first year of a member's retirement, the cost-of-living adjustment specified in subsection B of this section shall be prorated based on the date of retirement.

D. The plan's actuary shall include the projected cost of providing the cost-of-living adjustment specified in subsection B of this section in the calculation of normal cost and accrued liability.
A.R.S. § 38-1135 — Arizona Code / Title 38 / Chapter 8 / Article 2 / Section 1135
38-1135 Probation officers as witnesses; right to representation
Status: in_force

38-1135. Probation officers as witnesses; right to representation

A. If a probation officer is designated as a witness by the probation officer's employer in an investigation that could lead to another probation officer's dismissal, demotion or suspension, the witness probation 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 probation officer's representative may be from the witness probation officer's professional membership organization.

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

C. The witness probation officer may discuss the probation officer's witness interview with the witness probation officer's representative or that representative's legal counsel. If the witness probation officer or the witness probation officer's representative releases information without authorization, the employer may subject the witness probation officer or the witness probation officer's representative to disciplinary action.
A.R.S. § 38-643 — Arizona Code / Title 38 / Chapter 4 / Article 3 / Section 643
38-643 Public safety cancer insurance policy program account
Status: in_force

38-643. Public safety cancer insurance policy program account

A. The public safety cancer insurance policy program account is established and shall be under the exclusive control of the board. The board shall deposit monies collected pursuant to section 38-642 in the account to pay the cost of providing a group cancer insurance policy under the program and the cost of administering the program.

B. The board may use monies deposited in the account up to the amount equal to or less than ten percent of the total claims paid, averaged over the previous five years, each year ending June 30 to pay the costs of administering the program, excluding the costs of processing the claims, except that board attorney fees and court costs relating to the program shall be paid out of the account and are not subject to this limitation.

C. The board shall cause an independent audit of the account to be performed at the end of each fiscal year and shall report the results of the audit to each employer within six months following the end of the fiscal year.

D. The employer contributions and securities in the account and investment earnings on monies in the account are exempt from state, county and municipal taxes.

E. The program is a welfare benefit plan or trust intended to pay expenses incurred in the treatment of cancer as provided in the policy of insurance secured or established by the board pursuant to section 38-642. The legislature intends that the program's income be excluded as gross income for assessing federal income tax under section 115 of the internal revenue code and that coverage under the program be excluded as gross income to the employees or retirees under section 106 of the internal revenue code. The board may adopt additional program provisions as necessary to fulfill the legislature's intent that the program's income and coverage are not subject to federal income tax.

F. To the extent required to exclude coverage under the program as gross income of participants, employers that are required to participate in the program shall pay the premiums for the cost of the program and include the premium amount as wages of the firefighters and peace officers who are participating in the program, subject to federal and state income and employment taxes.

G. Employers, the board of trustees and any member of a local board do not guarantee the account in any manner against loss or depreciation and are not liable for any act or failure to act made in good faith pursuant to this article, including determinations on program claims.
A.R.S. § 38-1171 — Arizona Code / Title 38 / Chapter 8 / Article 3 / Section 1171
38-1171 Definitions
Status: in_force

38-1171. Definitions

(Caution:  1998 Prop. 105 applies; Rpld. 1/1/33)

In this article, unless the context otherwise requires:

1. "First responder":

(a) Has the same meaning prescribed in section 13-1204.

(b) Includes a member of the Arizona national guard who is on state active duty in this state and a correctional officer who is employed by the state department of corrections.

2. "Killed in the line of duty" means killed as the result of another person's criminal act while in the performance of the first responder's official duties.
A.R.S. § 38-844.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 844.02
38-844.02 Deferred retirement option plan for employees hired before January 1, 2012; purpose
Status: in_force

38-844.02. Deferred retirement option plan for employees hired before January 1, 2012; purpose

A. A deferred retirement option plan is established for those employees who become members of the system before January 1, 2012.  The purpose of the deferred retirement option plan is to add flexibility to the system and to provide members who elect to participate in the deferred retirement option plan access to a lump sum benefit in addition to their normal monthly retirement benefit on actual retirement.

B. The board shall offer the deferred retirement option plan to members on a voluntary basis as an alternative method of benefit accrual under the system.
A.R.S. § 38-869 — Arizona Code / Title 38 / Chapter 5 / Article 4.1 / Section 869
38-869 Group health benefits plan; retired participants; definition
Status: in_force

38-869. Group health benefits plan; retired participants; definition

A. The board shall establish, design and administer a group health benefits plan to provide group health benefits as prescribed in sections 38-857 and 38-906 for retired participants who make an election pursuant to this section.  Monies collected pursuant to section 38-867, subsection F, paragraph 2 shall be deposited in a separate account solely to pay for group health benefits provided under this section, and the amounts shall be held by the board in trust for the purpose of providing the group health benefits.

B. The purpose of this section is to provide a group health benefits plan that is fully funded on a current basis from employer and participant contributions. The board shall subject the account to actuarial analysis and manage the account in an actuarially sound manner.

C. Contributions made to the account are nonrefundable and are separate assets for the purposes of funding the group health benefits plan.

D. The legislature intends that the group health benefits plan for participants constitutes the exercise by the board of an essential governmental function as provided in section 115(1) of the internal revenue code, as amended, or successor provisions of law and that the trust created pursuant to this section is exempt from federal and state income tax. Notwithstanding subsection A of this section, if the board dissolves the trust created pursuant to this section, any remaining assets shall be returned to the employers that have contributed to the trust in such amounts as the board determines.  The board may adopt any additional provisions to the group health benefits plan that are necessary to fulfill this intent.

E. For ninety days after July 1, 2022, existing participants shall have the opportunity to participate in the group health benefits plan by opting in through an irrevocable election to pay the required costs of the group health benefits plan through payroll deduction.  For ninety days after employment, participants who are hired after July 1, 2022 may participate in the group health benefits plan by making an irrevocable election to pay the required costs of the group health benefits plan through payroll deduction. If a participant fails to make an irrevocable election within the ninety-day period specified in this subsection, the participant shall be excluded from receiving any benefits specified in this section during the participant's retirement and may not again have an election to participate if the participant is ever reemployed in a position in which the participant may again participate in the defined contribution plan.

F. Each participant who makes an election pursuant to subsection E of this section and the participant's employer shall pay an equal amount for costs, as actuarially determined, for the group health benefits plan pursuant to section 38-867.

G. Each employer shall transfer to the board the employer and participant contributions paid pursuant to section 38-867, subsection F, paragraph 2 within ten working days after each payroll date. Contributions transferred after that date shall include a penalty to be paid by the employer of ten percent per year, compounded annually, for each day the contributions are late.  Delinquent payments due under this subsection, together with interest charges as provided in this subsection, may be recovered by an action in a court of competent jurisdiction against an employer that is liable for the payments or, at the request of the board, may be deducted from any other monies, including excise revenue taxes, payable to such an employer by any department or agency of this state.

H. Notwithstanding any other law, the board may authorize the system to administer the group health benefits plan, to pay costs from the account to the system for administrative expenses and to allocate costs on a pro rata basis consistent with subsection F of this section.

I. The group health benefits plan established pursuant to this section shall provide a retired participant who has made an election pursuant to this section, payments prescribed in section 38-857, subsection A or B, or section 38-906, subsection A or B, as applicable, if the retired participant both:

1. Meets the requirements of the normal retirement date as defined in section 38-842, paragraph 32, subdivision (c) or section 38-881, paragraph 28, subdivision (c), as applicable.

2. Has elected either:

(a) To participate in the group health and accident 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.

(b) To purchase individual health care coverage and receive a payment pursuant to this section through the retired participant'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 participant.

J. For the purposes of this section, "participant" means a participant as defined in section 38-865, paragraph 7, subdivision (a), item (i) and subdivision (b).
A.R.S. § 38-381 — Arizona Code / Title 38 / Chapter 2.1 / Article 1 / Section 381
38-381 Declaration of policy
Status: in_force

38-381. Declaration of policy

The legislature declares:

1. That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the elected officials of the government of the state and the political subdivisions thereof.

2. That to conform, in time of attack, to existing legal requirements as to filling of vacancies would be impractical, would admit of undue delay, and would jeopardize continuity of civil government.

3. That it is, therefore, necessary to adopt special provisions as provided in this article for continuity of all echelons of civil government in the state of Arizona.
A.R.S. § 38-951 — Arizona Code / Title 38 / Chapter 5 / Article 8 / Section 951
38-951 Definitions
Status: in_force

38-951. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the Arizona state retirement system board established by section 38-713 or the board of trustees established by section 38-848.

2. "Eligible group" means any of the following:

(a) The Arizona state retirement system established by article 2 of this chapter.

(b) The elected officials' retirement plan established by article 3 of this chapter.

(c) The public safety personnel retirement system established by article 4 of this chapter.

(d) The corrections officer retirement plan established by article 6 of this chapter.

(e) An optional retirement program established pursuant to section 15-1451 or 15-1628.

(f) The elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter.

(g) The public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter.

(h) State elected officials who were subject to term limits and exempt state officers and employees who elected to participate in the defined contribution retirement plan option established pursuant to section 38-952 in effect on August 6, 1999.

3. "Employer" means an agency or department of this state or an agency or department of a political subdivision of this state that has employees in an eligible group.

4. "Plan" means a defined contribution plan authorized by this article.
A.R.S. § 38-936 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 936
38-936 Transfer of assets out of the prefunding plan; requirements
Status: in_force

38-936. Transfer of assets out of the prefunding plan; requirements

A. The board may authorize a participating employer to transfer assets out of the prefunding plan if the asset transfer complies with subsection B of this section and all of the following:

1. The transfer satisfies the terms of the contract between the governing body of the participating employer and the board.

2. The transfer satisfies the requirements under the applicable governmental accounting standards.

3. The transfer does not jeopardize the tax-exempt status of the prefunding plan's income.

B. Except as otherwise provided in section 38-937:

1. The prefunding plan assets shall be used exclusively for the purpose of paying required pension contributions and the administrative costs associated with the prefunding plan and may not be used for any other purpose.

2. A transfer of assets out of the prefunding plan shall be made solely for the purpose of transferring assets to the system to discharge the participating employer's required pension contributions to the applicable defined benefit pension.

C. The prefunding plan assets and any transfer of assets out of the prefunding plan are not subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws or other process of law and are not unassignable.

D. Except for a participating employer to the extent expressly provided in subsection A of this section, an employee, member, beneficiary or other individual or person does not have any right, title or interest in the prefunding plan or any prefunding plan assets.
A.R.S. § 38-507 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 507
38-507 Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee
Status: in_force

38-507. Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee

Requests for opinions from either the attorney general, a county attorney, a city or town attorney, the senate ethics committee or the house of representatives ethics committee concerning violations of this article shall be confidential, but the final opinions shall be a matter of public record. The county attorneys shall file opinions with the county recorder, the city or town attorneys shall file opinions with the city or town clerk, the senate ethics committee shall file opinions with the senate secretary and the house of representatives ethics committee shall file opinions with the chief clerk of the house of representatives.
A.R.S. § 38-843.03 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 843.03
38-843.03 Statutory construction
Status: in_force

38-843.03. Statutory construction

Because the system as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial integrity of the system, the legislature intends that the system as enacted at a particular time be construed and applied as a coherent whole and without reference to any other provision of the system in effect at a different time.
A.R.S. § 38-882 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 882
38-882 Corrections officer retirement plan and fund; administration
Status: in_force

38-882. Corrections officer retirement plan and fund; administration

A. The corrections officer retirement plan and the corrections officer retirement plan fund are established.

B. The fund consists of the monies and assets generated by the operation of the retirement plan. The fund shall be used exclusively to pay benefits to and on behalf of members and beneficiaries in accordance with the provisions of this article and to pay the administration, operation and investment expenses of the plan and fund. In no case shall all or any portion of the fund revert or otherwise be paid to an employer.

C. The board is entitled to administer, manage and operate the plan and fund.

D. The corrections officer retirement plan is a jural entity that may sue and be sued.
A.R.S. § 38-411 — Arizona Code / Title 38 / Chapter 3 / Article 2 / Section 411
38-411 Record of fees; inspection of fee book
Status: in_force

38-411. Record of fees; inspection of fee book

Every officer entitled by law to charge fees for services shall keep a fee book and shall enter therein all fees charged for services rendered. The fee book shall at all times be subject to inspection by any person to ascertain the amount of fees therein charged.
A.R.S. § 38-756 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 756
38-756 Outreach education program
Status: in_force

38-756. Outreach education program

A. The director shall develop, implement and maintain an outreach education program for members of ASRS that is designed to provide basic information on retirement planning.

B. The outreach education program prescribed in subsection A shall include at least the following:

1. Information on the benefits available to members before retirement.

2. Information on the financial benefits available at retirement including a detailed explanation of the benefits and benefit options under ASRS.

3. Information on how ASRS is organized.

4. Information on how the benefits of the members are funded.

5. Information on the social issues related to retirement.

6. The use of audiovisual, electronic and other educational aids that are designed to provide information on retirement education and planning.

7. The development of a creative promotional program using available media outlets.

C. ASRS shall present, either in person or through the use of electronic means, the outreach education program prescribed in subsection A at least once each year in each county of this state. Attendance of active members at outreach education program presentations is voluntary.
A.R.S. § 38-269 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 269
38-269 Withdrawal of surety; effect on remaining sureties
Status: in_force

38-269. Withdrawal of surety; effect on remaining sureties

A. Any surety on the official bond of any officer may be relieved from liabilities thereon afterwards accruing by complying with the following provisions:

1. The surety shall file with the person authorized by law to approve the official bond, a sworn statement in writing setting forth his desire to be relieved from liability thereon afterwards arising, and the reasons therefor.

2. Serve notice of the filing of the statement on the officer named in the official bond, and make return or affidavit of service thereon and file it with the approving officer.

B. Within ten days after the service of the notice, the person authorized to approve the bond shall make an order declaring such office vacant, and releasing the surety from all liability thereafter to arise on the official bond, and the office thereafter is in law vacant, and shall be immediately filled by election or appointment, as in other cases of vacancy, unless the officer has before that time given good and ample surety for the discharge of all his official duties as originally required.

C. The release, discharge, voluntary withdrawal or incompetency of the surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability.
A.R.S. § 38-656 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 656
38-656 Optional inclusion of city, town, county, special taxing district, authority, public entity and community college district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition
Status: in_force

38-656. Optional inclusion of city, town, county, special taxing district, authority, public entity and community college district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition

A. If a governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state determines that state health and accident insurance coverage is necessary or desirable and in the best interest of its employees, it may provide for inclusion of its employees and spouses and the dependents of its employees in state health and accident insurance coverage pursuant to section 38-651.

B. If a governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state elects to participate in the state health and accident insurance coverage, it shall be the only health and accident insurance coverage offered to the city's, town's, county's, district's, special taxing district's, authority's or public entity's employees.

C. A governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state that elects to include its employees in the state health and accident insurance coverage shall notify the department of administration of its intention to do so by January 15 prior to the year in which the city's, town's, county's, district's, special taxing district's, authority's or public entity's employees would be eligible to receive state health and accident insurance coverage.

D. A governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state that elects to include its employees in the state health and accident insurance coverage shall participate in state health and accident insurance coverage for at least two years.

E. A governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state that opts to participate in the state health and accident insurance coverage shall agree to accept the benefit level, plan design, insurance providers, premium level and other terms and conditions determined by the department of administration and shall accept any other contractual arrangements made by the department of administration with health and accident insurance providers.

F. A governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state shall reimburse the department of administration for administrative and operational costs associated with the city's, town's, county's, community college district's, special taxing district's, authority's or public entity's participation in the state health and accident insurance coverage determined pursuant to section 38-651, subsection K.

G. As used in this section, "state health and accident insurance coverage" means the health and accident coverage procured by the department of administration under section 38-651.
A.R.S. § 38-616 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 616
38-616 Retiree accumulated sick leave fund; administration; contribution
Status: in_force

38-616. Retiree accumulated sick leave fund; administration; contribution

A. A retiree accumulated sick leave fund is established consisting of deposits made pursuant to subsection C of this section. The department of administration shall administer the fund and shall maintain individual accounts for each state officer or employee receiving a benefit on retirement pursuant to section 38-615. Monies in the fund may be used for payment for accumulated sick leave made pursuant to section 38-615 and for any associated employee related expenditures. The department of administration may use up to two per cent of the total amount deposited in the fund in fiscal year 1999-2000 and up to one and one-half per cent of the total amount deposited in the fund in fiscal year 2000-2001 and each fiscal year thereafter to administer section 38-615.

B. The department of administration shall pay the accumulated sick leave payment for each eligible state officer or employee pursuant to section 38-615.

C. All state budget units and legislative and judicial branches of state government that employ officers or employees who may be eligible on retirement to receive payment for accumulated sick leave pursuant to section 38-615 shall contribute a pro rata share of the overall cost of the accumulated sick leave payments. The pro rata share shall be payable by payroll fund source, and the resultant amount shall be deposited in the retiree accumulated sick leave fund. The pro rata share shall be established by the director, is subject to review by the joint legislative budget committee and shall not exceed .40 per cent of the total benefit eligible payroll as prescribed in section 38-651 in fiscal year 1999-2000 and .55 per cent of the total benefit eligible payroll as prescribed in section 38-651 in fiscal year 2000-2001 and each fiscal year thereafter. Total payroll includes all fund sources including the state general fund, federal monies, special revenue funds, intergovernmental revenue monies, trust funds and other payroll sources. A claim for the pro rata share percentage payment shall be submitted according to the fund source, with the accompanying payroll, to the department of administration for deposit in the retiree accumulated sick leave fund.

D. Notwithstanding section 35-190, monies in the retiree accumulated sick leave fund do not revert to the state general fund at the end of each fiscal year.
A.R.S. § 38-448 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 448
38-448 State employees; access to internet pornography prohibited; cause for dismissal; definitions
Status: in_force

38-448. State employees; access to internet pornography prohibited; cause for dismissal; definitions

A. Except to the extent required in conjunction with a bona fide, agency approved research project or other agency approved undertaking, an employee of an agency shall not knowingly use agency owned or agency leased computer equipment to access, download, print or store any information infrastructure files or services that depict nudity, sexual activity, sexual excitement or ultimate sexual acts as defined in section 13-3501. Agency heads shall give, in writing, any agency approvals.  Agency approvals are available for public inspection pursuant to section 39-121.

B. An employee who violates this section may be subject to discipline or dismissal.

C. All agencies shall immediately furnish their current employees with copies of this section.  All agencies shall furnish all new employees with copies of this section at the time of authorizing an employee to use an agency computer.

D. For the purposes of this section:

1. "Agency" means:

(a) All offices, agencies, departments, boards, councils or commissions of this state.

(b) All state universities.

(c) All community college districts.

(d) All legislative agencies.

(e) All departments or agencies of the state supreme court or the court of appeals.

2. "Information infrastructure" means telecommunications, cable and computer networks and includes the internet, the world wide web, usenet, bulletin board systems, on-line systems and telephone networks.
A.R.S. § 38-294 — Arizona Code / Title 38 / Chapter 2 / Article 6 / Section 294
38-294 Resignations
Status: in_force

38-294. Resignations

Resignations shall be in writing and made as follows:

1. By members of the legislature, to the presiding officer of the body of which the legislator is a member, who shall immediately transmit the resignation to the governor.

2. By state officers and officers of the militia, to the governor.

3. By other officers commissioned by the governor, to the governor.

4. By county officers, to the chairman of the board of supervisors of their county.

5. By the chairman of the board of supervisors, to the county recorder of the county.

6. In cases not otherwise provided for, by filing the resignation in the office of the secretary of state.

7. By appointive officers, to the body or officer that appointed them, unless otherwise provided.
A.R.S. § 38-804 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 804
38-804 Membership; termination; credited service; redemption; reemployment
Status: in_force

38-804. Membership; termination; credited service; redemption; reemployment

A. Except as otherwise provided in this section, all elected officials are members of the plan, except that a state elected official who is subject to term limits may elect not to participate in the plan.  The state elected official who is subject to term limits shall make the election in writing and file the election with the board within thirty days after the state elected official assumes office.  The election is effective on the first day of the state elected official's eligibility for that term of office. The election not to participate is specific for that term of office. If a state elected official who is subject to term limits fails to make an election as provided in this subsection, the state elected official is deemed to have elected to participate in the plan.  The election not to participate in the plan is irrevocable and constitutes a waiver of all benefits provided by the plan for the state elected official's entire term, except for any benefits accrued by the state elected official in the plan for periods of participation before being elected to an office subject to term limits or any benefits expressly provided by law. The state elected official who elects not to participate in the plan shall participate in the Arizona state retirement system unless the state elected official makes an irrevocable election not to participate in the Arizona state retirement system as provided in section 38-727.

B. All elected officials who are members of the plan on December 31, 2013 may remain members of the plan under the terms and limitations of this article.

C. If a member who becomes a member of the plan before January 1, 2012 ceases to hold office for any reason other than death or retirement, within twenty days after filing a completed application with the board, the member is entitled to receive the following amounts, less any benefit payments the member has received and any amount the member may owe to the plan:

1. If the member has less than five years of credited service with the plan, the member may withdraw the member's accumulated contributions from the plan.

2. If the member has five or more years of credited service with the plan, the member may withdraw the member's accumulated contributions plus an amount equal to the amount determined as follows:

(a) 5.0 to 5.9 years of credited service, twenty-five percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(b) 6.0 to 6.9 years of credited service, forty percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(c) 7.0 to 7.9 years of credited service, fifty-five percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(d) 8.0 to 8.9 years of credited service, seventy percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(e) 9.0 to 9.9 years of credited service, eighty-five percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(f) 10.0 or more years of credited service, one hundred percent of all member contributions deducted from the member's salary pursuant to section 38-810, subsection A.

D. If a member has more than ten years of credited service with the plan, leaves the monies prescribed in subsection C of this section on account with the plan for more than thirty days after termination of employment and after that time period requests a refund of those monies, the member is entitled to receive the amount prescribed in subsection C of this section plus interest at a rate determined by the board for each year computed from and after the member's termination of employment.

E. If an elected official who becomes a member of the plan on or after January 1, 2012 ceases to hold office for any reason other than death or retirement, within twenty days after filing a completed application with the board, the member may withdraw the member's accumulated contributions from the plan and shall be paid the member's accumulated contributions plus interest at a rate determined by the board as of the date of termination, less any benefit payments the member has received and any amount the member may owe to the plan.

F. If the amount prescribed in subsection C, D or E of this section includes monies that are an eligible rollover distribution and the member elects to have the distribution paid directly to an eligible retirement plan or individual retirement account or annuity and specifies the eligible retirement plan or individual retirement account or annuity to which the distribution is to be paid, the 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.  A member who receives the amount prescribed in subsection C, D or E of this section from the plan or who elects a transfer pursuant to this subsection forfeits the member's credited service, and all rights to benefits under the plan and membership in the plan terminate.

G. For distributions occurring from and after December 31, 2007, a member or a member's beneficiary, including a nonspouse designated beneficiary to the extent allowed under subsection H of this section, may roll over an eligible rollover distribution as defined in section 402(c)(4) of the internal revenue code to a Roth individual retirement account, if, for distributions occurring before January 1, 2010, the member or the member's beneficiary satisfies the requirements for making a Roth individual retirement account contribution under section 408A(c)(3)(B) of the internal revenue code, as in effect on the date of the rollover. Any amount rolled over to a Roth individual retirement account is included in the gross income of the member or the member's beneficiary to the extent the amounts would have been included in gross income if not rolled over as required under section 408A(d)(3)(A) of the internal revenue code. For the purposes of this subsection, the administrator is not responsible for ensuring the member or the member's beneficiary is eligible to make a rollover to a Roth individual retirement account.

H. For distributions made from and after December 31, 2009, a nonspouse designated beneficiary as defined in section 401(a)(9)(E) of the internal revenue code may elect to directly roll over an eligible rollover distribution to an individual retirement account under section 408(a) of the internal revenue code or an individual retirement annuity under section 408(b) of the internal revenue code that is established on behalf of the designated beneficiary and that will be treated as an inherited individual retirement plan pursuant to section 402(c)(11) of the internal revenue code. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution as defined in section 402(c)(4) of the internal revenue code.  In applying this subsection, a nonspouse rollover is 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.

I. For plan years occurring before January 1, 2007, 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 ninety days before the date of distribution and, for plan years beginning from and after December 31, 2006, 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.

J. In no case shall more than twelve months of credited service be credited on account of all service rendered by a member in any one year.

K. If an elected official who has terminated the member's membership in the plan pursuant to subsection C of this section is subsequently elected, appointed or hired on or after January 1, 2014, the elected official is not eligible to become a member of the plan but is subject to article 3.1 of this chapter.

L. Notwithstanding subsection K of this section, if an elected official files a written election form with the board within ninety days after the day of the member's reemployment as an elected official and repays the amount previously withdrawn pursuant to subsection C or D of this section within one year after the date of the member's reemployment as an elected official, with interest on that amount at the rate of nine percent for each year, compounded each year from the date of withdrawal to the date of repayment, credited service shall be restored.  Credited service shall not be restored until complete repayment is made to the fund.

M. An elected official who is elected, appointed or hired on or after January 1, 2014 and who was not a member of the plan on December 31, 2013 is not eligible to become a member of the plan but is subject to article 3.1 of this chapter.

N. If a retired member subsequently becomes an elected official, contributions shall not be made by the retired member and credited service shall not accrue while the retired member is holding office.

O. In addition to subsection N of this section, if a retired member subsequently becomes, by reason of election or reelection, an elected official of the same office from which the member retired within a time period following the member's retirement that is less than one full term for that office, the member shall not receive a pension. Any pension payments received by a member, who retired on or after July 1, 2009, while holding the same office from which the member retired within one full term after the date of retirement are considered overpayments pursuant to section 38-809, subsection A and are subject to repayment up to the maximum of only the amount received during that term.  If the elected official ceases to hold the same office, the elected official is entitled to receive the same pension the elected official was receiving when the elected official's pension was discontinued pursuant to this subsection. This subsection does not prohibit a retired judge called by the supreme court to active duties of a judge pursuant to section 38-813 from receiving retirement benefits.
A.R.S. § 38-797.10 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.10
38-797.10 Assurances and liabilities
Status: in_force

38-797.10. Assurances and liabilities

A. Nothing contained in this article shall be construed as:

1. A contract of employment between an employer and any employee.

2. A right of any member to continue in the employment of an employer.

3. A limitation of the rights of an employer to discharge any of its employees, with or without cause.

B. A member does not have any right to, or interest in, any LTD program assets on termination of the member's employment or otherwise, except as provided from time to time in the LTD program, and then only to the extent of the benefits payable to the member out of LTD program assets. All payments of benefits shall be made solely out of LTD program assets and neither the employers, the board nor any member of the board is liable for payment of benefits in any manner.

C. Benefits, employer and member contributions, earnings and all other credits payable under this article are not subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, before actually being received by a person entitled to the benefit, earning or credit, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, garnish, execute or levy or otherwise dispose of any benefit, earning or credit under this article is void. The LTD program is not in any manner liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to any benefit, earning or credit under this article.

D. Neither the employers, the board nor any member of the board guarantees the LTD trust fund established by section 38-797.02 in any manner against loss or depreciation, and they are not liable for any act or failure to act that is made in good faith pursuant to this article. The employers are not responsible for any act or failure to act of the board or any member of the board. Neither the board nor any member of the board is responsible for any act or failure to act of any employer.

E. This section does not exempt benefits of any kind from a writ of attachment, a writ of execution, a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.
A.R.S. § 38-313 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 313
38-313 Impeachment hearing; service on accused
Status: in_force

38-313. Impeachment hearing; service on accused

A. The senate shall assign a day for hearing the impeachment, and inform the house of representatives thereof.

B. The president of the senate shall cause a copy of the articles of impeachment, with a notice to appear and answer them at the time and place appointed, to be served on the accused not less than ten days before the day fixed for the hearing. The service shall be made by the sergeant-at-arms of the senate upon the accused personally, or, if he cannot upon diligent inquiry be found within the state, the senate, upon proof of such fact, may order publication of the notice to be made in a manner it deems proper.
A.R.S. § 38-903 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 903
38-903 Reservation to the legislature
Status: reserved

38-903. Reservation to the legislature

The right to modify, amend or repeal this article or any provision thereof is reserved to the legislature.
A.R.S. § 38-446 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 446
38-446 Acts based on written opinions; immunity
Status: in_force

38-446. Acts based on written opinions; immunity

Notwithstanding any provision of law to the contrary, no public officer or employee is personally liable for acts done in his official capacity in good faith reliance on written opinions of the attorney general issued pursuant to section 41-193, written opinions of a county attorney of the county, written opinions of the city or town attorney of the city or town or written opinions of any authorized private attorney for any independent public retirement trust fund or system for which the officer or employee serves or is employed.
A.R.S. § 38-602 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 602
38-602 Limitation on action for salary; waiver of right to additional salary
Status: in_force

38-602. Limitation on action for salary; waiver of right to additional salary

A. State and county officers, or former officers, their personal representatives or assigns, claiming the right to a salary as an officer or former officer due by virtue of any law of this state, shall bring an action for such salary within ninety days after the date the salary becomes due, and not thereafter.

B. In such action if it is alleged and proved that the party has received the compensation fixed by law, it shall be conclusively presumed that any right to additional salary has been waived and that the party has elected to receive such compensation in full payment.
A.R.S. § 38-818.04 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 818.04
38-818.04 Cost-of-living adjustment
Status: in_force

38-818.04. Cost-of-living adjustment

A. Each retired member or survivor of a retired member is eligible to receive a compounding cost-of-living adjustment in the base benefit as provided in this section.  The first payment under this section shall be made immediately following the first year the cost-of-living adjustment specified in subsection C of this section is paid.  The cost-of-living adjustment shall be made on July 1 each year thereafter.

B. A retired member or a 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 two percent of the retired member's or survivor's base benefit.

C. In the first year of a member's retirement, the cost-of-living adjustment specified in subsection B of this section shall be prorated based on the date of retirement.

D. The plan actuary shall include the projected cost of providing the cost-of-living adjustment specified in subsection B of this section in the calculation of normal cost and accrued liability.
A.R.S. § 38-816.01 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 816.01
38-816.01 Purchase of service; payment
Status: in_force

38-816.01. Purchase of service; payment

A member who purchases service pursuant to this article or section 38-922 or 38-924 shall make payments directly to the plan in whole or in part by any one or a combination of the following methods:

1. In lump sum payments.

2. Through an arrangement with the plan that the payments be made in installment payments over a period of time.

3. Subject to the limitations prescribed in sections 401(a)(31) and 402(c) of the internal revenue code, accepting a direct transfer of any eligible rollover distribution or a contribution by a member of an eligible rollover distribution from one or more:

(a) Retirement programs that are qualified under section 401(a) or 403(a) of the internal revenue code.

(b) Annuity contracts described in section 403(b) of the internal revenue code.

(c) Eligible deferred compensation plans described in section 457(b) of the internal revenue code that are 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.

4. Subject to the limitations prescribed in section 408(d)(3)(A)(ii) of the internal revenue code, accepting from a member a rollover contribution of that portion of a distribution from an individual retirement account or individual retirement annuity described in section 408(a) or 408(b) of the internal revenue code that is eligible to be rolled over and would otherwise be includable as gross income.
A.R.S. § 38-888 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 888
38-888 Pension to the surviving spouse of a member
Status: in_force

38-888. Pension to the surviving spouse of a member

A. The surviving spouse of a deceased member is entitled to receive 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. The amount of a surviving spouse's pension is forty percent of the deceased member's average monthly salary or four-fifths of what the deceased member's pension would have been on the date of death had the member been retired, whichever is greater. 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 member who is killed in the line of duty or dies from injuries suffered in the line of duty is entitled to receive a monthly amount equal to the deceased member's average monthly benefit compensation. For the purposes of this subsection, "killed in the line of duty" means the decedent's death was the direct and proximate result of physical injuries incurred in the performance of the decedent's public safety duties and does not include suicide.

C. If a deceased member does not have an eligible surviving spouse or the pension of the eligible surviving spouse is terminated, each eligible child is entitled to a child's pension as calculated pursuant to section 38-904.
A.R.S. § 38-384 — Arizona Code / Title 38 / Chapter 2.1 / Article 1 / Section 384
38-384 Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor
Status: in_force

38-384. Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor

In the event of an attack after which any duly elected officer of the state or of any political subdivision thereof, or his legal successor, if any, are unavailable to serve due to death or for other reasons, the legislating body of the state or the respective political subdivision in emergency session shall designate a temporary successor if required to maintain continuity of its civil government. Such temporary successor shall serve until such time as conditions permit compliance with constitutional mandates for filling vacancies. Such designee shall be of the same political party as the duly elected official and he is authorized to exercise full powers and duties of the office during his temporary appointment.
A.R.S. § 38-797.13 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.13
38-797.13 Reservation to legislature
Status: reserved

38-797.13. Reservation to legislature

The right to modify, amend or repeal this article, or any provisions of this article, is reserved to the legislature.
A.R.S. § 38-611.02 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 611.02
38-611.02 Public safety personnel retirement system; special pay practices
Status: in_force

38-611.02. Public safety personnel retirement system; special pay practices

The board of trustees of the public safety personnel retirement system established by chapter 5, article 4 of this title:

1. May administer an incentive compensation plan for investment related personnel established in consultation with the director of the department of administration.  The public safety personnel retirement system shall file a copy of any incentive compensation plan for investment related personnel with the governor, the president of the senate, the speaker of the house of representatives, the office of strategic planning and budgeting, the joint legislative budget committee and the department of administration within ten business days of its adoption or readoption.

2. Except for the incentive compensation plan for investment related personnel, shall not establish any other compensation plans without the approval of the director of the department of administration.

3. May request that the director of the department of administration  establish a special pay plan for the public safety personnel retirement system administrator, deputy or assistant administrator, chief investment officer, investment related personnel and fiduciary or investment counsel.  The director of the department of administration, pursuant to section 41-742, subsection C, paragraph 4, shall establish the special pay plan after considering the recommendations of the public safety personnel retirement system board of trustees, including consideration of the salary ranges recommended by an independent compensation consultant and using relevant market data.  The director of the department of administration may adopt other special pay plans determined necessary for certain classes or groups of public safety personnel retirement system employees, taking into consideration such factors as occupational patterns, economic conditions and pay ranges common to government, business and industry, and shall work with the public safety personnel retirement system in establishing the plans.
A.R.S. § 38-614 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 614
38-614 Merit awards; county employees; merit award system board; special merit award fund
Status: in_force

38-614. Merit awards; county employees; merit award system board; special merit award fund

A. A county board of supervisors may adopt rules and regulations to provide merit awards for county employees. The rules and regulations shall include granting a merit award for any of the following:

1. An adopted procedure or idea which resulted in eliminating or reducing county expenditures or improving operations in the public interest.

2. The performance of a special act or service in the public interest.

B. If the board of supervisors permits merit awards it shall appoint a merit award system board to establish policy for the operation of the merit award system, review all suggestions and recommend for approval all merit awards with the concurrence of the head of the department in which the cost savings is realized. The size of the merit award system board shall be equal to the number of supervisors for that county. Each supervisor shall appoint one member to serve on the merit award system board.

C. The board of supervisors shall approve all merit awards.

D. No merit award may exceed two thousand five hundred dollars.

E. The board of supervisors shall establish and may fund for the purpose of this section a special merit award fund consisting of identified measurable dollar savings transferred from appropriated and nonappropriated monies in the department where the cost saving is realized.

F. The board of supervisors may at the end of each fiscal year transfer all or part of the monies accumulated in the special merit award fund to the county general fund.

G. The merit award system board shall certify to the board of supervisors the names of persons recommended for merit awards and the amounts of the awards. On final approval by the board of supervisors of the names and the amounts of the merit awards, the county finance director shall draw a warrant on the county treasury. The county treasurer shall pay the warrant from the special merit award fund.

H. All county employees are eligible for merit awards, except that the qualifying criteria prescribed in subsection A are not met as a result of the employee's regular employment duties and an award is not considered extra compensation.
A.R.S. § 38-725 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 725
38-725 Financial institutions data match; prohibited disclosure; fee; definition
Status: in_force

38-725. Financial institutions data match; prohibited disclosure; fee; definition

A. ASRS may enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system to assist ASRS in the collection of monies owed.  The data match system shall use automated data exchange procedures to the maximum extent possible.

B. The data exchanges shall include the name, address of record, social security number and any other identifying information for each person who maintains an account at the institution and who owes money as identified by ASRS by name and social security number.

C. ASRS or its agent may disclose a debtor's financial record under this section only in order to enforce the collection of the money the debtor owes to ASRS.

D. ASRS may pay a reasonable fee to a financial institution for conducting a data match. The fee shall not exceed the actual costs incurred by the financial institution.

E. For the purposes of this section  "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.
A.R.S. § 38-773 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 773
38-773 Benefit payments to alternate payee under acceptable domestic relations order; termination of marriage; revocation of beneficiary designation; definitions
Status: in_force

38-773. Benefit payments to alternate payee under acceptable domestic relations order; termination of marriage; revocation of beneficiary designation; definitions

A. The board shall review any domestic relations order to which a member is a party and that is submitted to the board to determine if the domestic relations order is acceptable under this section. After a determination that a domestic relations order is acceptable under this section, the board shall notify the member and the named alternate payee of the board's acceptance of the domestic relations order, and ASRS shall pay benefits in accordance with the applicable requirements of the order.

B. An acceptable domestic relations order shall:

1. Not require the board to provide any type, form or time of payment of severance, survivor or retirement benefits or any severance, survivor or retirement benefit option that is not provided under this article.

2. Value the member's benefit on the earliest date of service of the petition for annulment, dissolution of marriage or legal separation.

C. An acceptable domestic relations order shall specify all of the following:

1. The name and last known mailing address of the member.

2. The name and last known mailing address of each alternate payee who is covered by the order.

3. The method of determining the amount of the member's severance, survivor or retirement benefits to be paid by ASRS to each alternate payee covered by the order.

4. The number of payments or period to which the order applies.

D. Except as provided by the express terms of a domestic relations order, the divorce or annulment of a member's marriage revokes any revocable:

1. Disposition or appointment of benefits made by a divorced member to that member's former spouse or to a relative of the divorced member's former spouse in an instrument executed by the member before the divorce or annulment of the member's marriage to the former spouse.

2. Provision in an instrument executed by the member before the divorce or annulment of the member's marriage to the former spouse conferring any power or right on the divorced member's former spouse or on a relative of the divorced member's former spouse.

E. ASRS shall give effect to provisions of an instrument executed by a member before the divorce or annulment of the member's marriage to a former spouse as follows:

1. In the case of disposition or appointment of benefits, as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section.

2. In the case of a revoked power or right, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

F. Provisions of an instrument revoked solely as provided by this section are revived by the divorced member's remarriage to the former spouse or by a nullification of the member's divorce or annulment.

G. If an alternate payee predeceases the member, amounts payable to the alternate payee cease on the death of the alternate payee.  ASRS shall cause the amount formerly payable to the alternate payee to revert to the member.

H. For the purposes of this section:

1. "Domestic relations order" means any judgment, decree, order or approval of a property settlement agreement entered in a court of competent jurisdiction that:

(a) Relates to marital property rights of a spouse or former spouse.

(b) Creates or recognizes in the spouse or former spouse the existence of an alternate payee's right to severance, survivor or retirement benefits.

(c) Assigns the spouse or former spouse as alternate payee the right to receive all or part of the severance, survivor or retirement benefits payable to the member.

2. "Relative of the divorced member's former spouse" means a person who is related to the divorced member's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced member by blood, adoption or affinity.
A.R.S. § 38-911 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 911
38-911 Deferred annuity; eligibility; amount; exception
Status: in_force

38-911. Deferred annuity; eligibility; amount; exception

A. If any member who has at least ten years of credited service terminates employment for reasons other than retirement or disability, the person may elect to receive a deferred annuity, except that if the person withdraws the person's accumulated contributions from the plan, all rights to a deferred annuity are forfeited. A deferred annuity is a lifetime monthly payment that is actuarially equivalent to the annuitant's accumulated contributions in the plan plus an equal amount paid by the employer and commences on application on or after the sixty-second birthday of the annuitant. The deferred annuity is not a retirement benefit and annuitants are not entitled to receive any amount prescribed by section 38-887, 38-888, 38-904 or 38-906.

B. This section does not apply to a member who becomes a member of the plan on or after January 1, 2012 and before July 1, 2018. Such a person 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.
A.R.S. § 38-611 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 611
38-611 Compensation of certain state officers and employees
Status: in_force

38-611. Compensation of certain state officers and employees

A. Except as otherwise provided in subsections B and C of this section, any officer or employee of the state, or any of its agencies, is entitled to receive a salary within the range as determined by the department of administration unless modified by the legislature.

B. Elected state officers, employees of the supreme court, employees of the court of appeals, employees of the legislature, employees of the governor's office, employees of the Arizona state schools for the deaf and the blind except the superintendent and the medical officer and all employees of the Arizona board of regents and the state universities are exempt from the provisions of this section.

C. Except as otherwise provided by statute or specific legislative appropriation, members of boards, commissions, councils or advisory committees who are authorized by law to receive compensation may receive compensation at the rate of not to exceed thirty dollars for each day engaged in the service of such board, commission, council or advisory committee.
A.R.S. § 38-1132 — Arizona Code / Title 38 / Chapter 8 / Article 2 / Section 1132
38-1132 Preemption
Status: in_force

38-1132. Preemption

This article does not preempt agreements that supplant, revise or otherwise deviate from the provisions of this article, including written agreements between the employer and the probation officer or the probation officer's lawful representative association.
A.R.S. § 38-905.06 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 905.06
38-905.06 Cost-of-living adjustment; members hired on or after July 1, 2018; definition
Status: in_force

38-905.06. Cost-of-living adjustment; members hired on or after July 1, 2018; definition

A. For members who are hired on or after July 1, 2018, 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, 2018 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, 2018 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, 2018 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, 2018 is seventy percent or more but less than eighty percent, as reported in the most recent actuarial valuation.

E. The plan's 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. § 38-672 — Arizona Code / Title 38 / Chapter 4 / Article 5 / Section 672
38-672 Traumatic event counseling for public safety employees; report; exceptions; definitions
Status: in_force

38-672. Traumatic event counseling for public safety employees; report; exceptions; definitions

(Rpld. 1/1/27)

A. Notwithstanding any other law, this state or a political subdivision of this state shall establish a program to provide public safety employees who are exposed to any one of the following events while in the course of duty up to twelve visits of licensed counseling, which may be provided through telehealth, paid for by the employer:

1. Visually or audibly witnessing the death or maiming or visually or audibly witnessing the immediate aftermath of such a death or maiming of one or more human beings.

2. Responding to or being directly involved in a criminal investigation of an offense involving a dangerous crime against children as defined in section 13-705.

3. Requiring rescue in the line of duty where one's life was endangered.

B. Payment by the employer for licensed counseling pursuant to this section does not create a presumption that a claim is compensable under section 23-1043.01, subsection B.

C. For each program established pursuant to this section, this state and each political subdivision of this state shall compile the following data:

1. The total number of public safety employees who have participated in the program.

2. The average number of visits per public safety employee.

3. The average number of months that a public safety employee participated in the program.

4. The average number of days that a public safety employee who participated in the program missed work.

5. The total number of public safety employees who participated in the program and who subsequently filed a workers' compensation claim and the number of those claims that were approved and the number of those claims that were denied.

6. For each employer, the total amount of work missed by public safety employees who participated in the program and how missed work was provided for by the employer or through employee benefits.

D. On or before September 1 of each year, this state and each political subdivision of this state shall submit the data collected pursuant to subsection C of this section to the department of administration.  On or before October 1 of each year, the department of administration shall compile the data into a report and submit the report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate health and human services committee, or its successor committee, the chairperson of the house of representatives health and human services committee, or its successor committee, the chairperson of the senate military affairs, public safety and border security committee, or its successor committee, and the chairperson of the house of representatives military affairs and public safety committee, or its successor committee, and shall provide a copy of this report to the secretary of state.  Subsection C of this section and this subsection do not authorize this state or a political subdivision of this state to compile and report data that is protected under the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936).

E. This section does not apply to a state employer that provides a program to its public safety employees that is characterized by all of the following:

1. The program is paid for by the employer.

2. The program provides licensed counseling for any issue. For licensed counseling related to trauma experienced while in the line of duty, the licensed counseling is provided on the request of the public safety employee and is in person.

3. Before July 1, 2017, the program offers at least six visits per year.

4. On or after July 1, 2017, the program offers at least twelve visits per year.

F. For the purposes of this section:

1. "Licensed counseling" means counseling provided by a licensed mental health professional.

2. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following:

(a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17.

(b) A psychologist who is licensed pursuant to title 32, chapter 19.1.

(c) A mental health professional who is licensed pursuant to title 32, chapter 33 and who holds either a master's or doctoral degree related to the mental health profession.

(d) A mental health nurse practitioner or a psychiatric clinical nurse specialist who is licensed pursuant to title 32, chapter 15.

(e) A physician assistant who is licensed pursuant to title 32, chapter 25.

3. "Public safety employee":

(a) Means:

(i) Except as prescribed in subdivision (b) of this paragraph, an individual who is a member of the public safety personnel retirement system or the corrections officer retirement plan.

(ii) Except as prescribed in subdivision (b) of this paragraph, a probation officer, surveillance officer or juvenile detention officer who is employed by this state or a political subdivision of this state.

(iii) Except as prescribed in subdivision (b) of this paragraph, a 911 dispatcher in a primary or secondary public safety answering point.

(b) Does not include peace officers or firefighters.
A.R.S. § 38-386 — Arizona Code / Title 38 / Chapter 2.1 / Article 1 / Section 386
38-386 Quorum and vote requirements of state and local legislating bodies
Status: in_force

38-386. Quorum and vote requirements of state and local legislating bodies

A. In the event of an attack, the quorum requirement for the legislating body of the state and any county, city or town shall be a majority of the members of each body who convene for the session. Where the affirmative vote of a specified proportion of the members of the legislating body would otherwise be required for approval of a bill, resolution, ordinance or for any other action, the same proportion of those members of the legislating body convening at the session shall be sufficient.

B. Any bill, resolution, ordinance or any other action taken by any such legislating body under suspension of the constitutional quorum and vote requirements shall be ratified by the body with a regularly constituted quorum present if it is to have the effect of law after the duration of the emergency for which it was enacted.
A.R.S. § 38-231 — Arizona Code / Title 38 / Chapter 2 / Article 4 / Section 231
38-231 Officers and employees required to take loyalty oath; form; classification; definition
Status: in_force

38-231. Officers and employees required to take loyalty oath; form; classification; definition

A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.

B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section.

C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer’s or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.

D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section.

E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:

State of Arizona, County of ______________ I, _____________________

(type or print name)

do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).

______________________________________

(signature of officer or employee)

F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.
A.R.S. § 38-765 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 765
38-765 Errors; benefit recomputation
Status: in_force

38-765. Errors; benefit recomputation

If any change or error in the records results in any member or beneficiary receiving from ASRS more or less than the member or beneficiary would have been entitled to receive if the records had been correct, ASRS shall correct the error and as far as practicable shall adjust the payments in a manner so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid. ASRS shall correct any change or error and shall pay the appropriate monies to a member or beneficiary or shall recover monies from the member or beneficiary if the member or beneficiary is overpaid.  ASRS shall recover monies by reducing any benefit otherwise payable by ASRS or the LTD program established by article 2.1 of this chapter to an active, inactive, person with a disability or retired member, survivor, contingent annuitant, beneficiary or alternate payee.
A.R.S. § 38-856.05 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 856.05
38-856.05 Cost-of-living adjustment; members hired on or before June 30, 2017
Status: in_force

38-856.05. Cost-of-living adjustment; members hired on or before June 30, 2017

A. For members hired on or before June 30, 2017, each retired member or survivor of a retired member is eligible to receive a compounding cost-of-living adjustment in the base benefit as provided in this section. The first payment under this section shall be made immediately following the first year the cost-of-living adjustment specified in subsection C of this section is paid.  The cost-of-living adjustment shall be made on July 1 each year thereafter.

B. A retired member or a 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 two percent of the retired member's or survivor's base benefit.

C. In the first year of a member's retirement, the cost-of-living adjustment specified in subsection B of this section shall be prorated based on the date of retirement.

D. The system actuary shall include the projected cost of providing the cost-of-living adjustment specified in subsection B of this section in the calculation of normal cost and accrued liability.
A.R.S. § 38-802.01 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 802.01
38-802.01 Employer responsibilities under the system
Status: in_force

38-802.01. Employer responsibilities under the system

An employer shall submit any reports, data, paperwork or other materials that are requested by the board of trustees for any reason, including eligibility determinations and proper administration of the plan.
A.R.S. § 38-257 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 257
38-257 Justification of sureties; officers ineligible as sureties
Status: in_force

38-257. Justification of sureties; officers ineligible as sureties

A. The officer whose duty it is to approve the bond shall not accept or approve it unless the sureties severally justify as required by law.

B. A member of the board of supervisors shall not be accepted as surety upon the official bond of any county or precinct officer of the county, nor shall the sheriff, treasurer, recorder, assessor or county attorney of the same county become sureties upon official bonds for each other.

C. Officers shall not approve any bond when the financial standing and ability of the sureties thereon are unknown to them, or when any of the sureties thereon are assessed for the current year for taxes upon property the aggregate value of which is less than the amount for which the surety becomes liable upon the bond, unless either:

1. The surety is first examined under oath before the officer authorized to approve the bond concerning the surety's ability to respond in damages.

2. The approving officer, upon examination and after diligent inquiry into the assets and liabilities of the proposed surety, is satisfied that the proposed surety is good and possesses ample means to respond in double the amount for which the surety proposes to become liable upon the bond.
A.R.S. § 38-617 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 617
38-617 County safety incentive awards
Status: in_force

38-617. County safety incentive awards

A county board of supervisors may adopt rules to provide employee safety recognition awards with terms and conditions deemed appropriate by the board for the safe operation of county government. No award shall exceed two hundred fifty dollars.
A.R.S. § 38-814 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 814
38-814 Termination of plan; adjustment and refund
Status: in_force

38-814. Termination of plan; adjustment and refund

A. If the plan terminates, each member's accrued benefits to the date of termination become one hundred percent nonforfeitable to the extent funded.  After provision is made for all expenses of the plan, including expenses of liquidation, the assets of the plan shall be allocated by the payment or provision for the payment of benefits in the following order of preference:

1. To pay each elected official and nonretired former elected official an amount equal to his accumulated contributions.

2. To continue to pay pensions to retired members or their beneficiaries.

3. To provide for potential rights of elected officials and former elected officials on an equitable and nondiscriminatory basis according to generally accepted actuarial principles.

4. To pay any excess to this state.

B. The allocations in subsection A of this section may be implemented through the existing trust, a new trust instrument for that purpose or the purchase by the board of insurance company contracts, or by a combination of these methods. An elected official has no rights or claims on the plan or this state beyond the capacity of the assets held by the board to provide benefits in accordance with subsection A of this section.

C. If the allocations produce a pension of less than twenty-five dollars per month for any person, the board may pay a lump sum of actuarial equivalent value in lieu of the pension.

D. If more than the correct amount of employer or member contributions is paid into the plan by an employer through a mistake of fact, the board shall return those contributions to the employer if the employer requests return of the contributions within one year after the date of the overpayment. The board may not pay an employer earnings attributable to excess contributions but shall reduce the amount returned to an employer pursuant to this subsection by the amount of losses attributable to the excess contributions.
A.R.S. § 38-1131 — Arizona Code / Title 38 / Chapter 8 / Article 2 / Section 1131
38-1131 Definitions
Status: in_force

38-1131. Definitions

In this article, unless the context otherwise requires:

1. "Appeal" means a hearing before a state or local merit board, a civil service board or a hearing officer.

2. "Disciplinary action" means the dismissal, the demotion or any suspension of a probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board or a hearing officer.

3. "Investigative file" means the probation department's complete report and any attachments detailing the incidents leading to the disciplinary action.

4. "Just cause" means:

(a) The employer informed the probation officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur.

(b) The disciplinary action is reasonably related to the standards of conduct for a professional probation officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty.

(c) The discipline is supported by a preponderance of evidence that the conduct occurred.

(d) The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record.

5. "Probation officer" means a surveillance officer, juvenile detention officer or juvenile or adult probation officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.
A.R.S. § 38-264 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 264
38-264 Additional bond; terms
Status: in_force

38-264. Additional bond; terms

The new or additional bond shall be in the penalty directed by the person approving the original bond, in all respects similar to, and approved by and filed with the same officer as the original bond. When so filed it shall be of like force from the date of its execution and subject the officer and his sureties to the same liabilities as the original bond.
A.R.S. § 38-842.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 842.02
38-842.02 Public safety employer risk pool
Status: in_force

38-842.02. Public safety employer risk pool

A. The public safety employer risk pool is established for members hired on or after July 1, 2017 and consists of, for actuarial purposes in the system and to determine contribution rates pursuant to section 38-843, any employer of an eligible group that has on May 1, 2017 two hundred fifty or fewer active members who were hired before July 1, 2017.

B. If an employer has more than two hundred fifty active members who were hired before July 1, 2017 in any eligible group on May 1, 2017, the employer may not participate in the risk pool for any of the employer's eligible groups, except that:

1. Each state agency's eligibility for the risk pool is not affected by another state agency's ineligibility for the risk pool.

2. For a county with multiple eligible groups in the system, the eligibility of each eligible group of a county for the risk pool is not affected by the ineligibility for the risk pool of another eligible group of that county.

C. Any Indian tribe that has elected to participate in the system and that qualifies for the public safety employer risk pool pursuant to subsection A of this section may elect to opt out of the risk pool before January 1, 2019.  The Indian tribe shall notify the administrator of the system in writing before January 1, 2019 of the Indian tribe's decision not to participate in the public safety employer risk pool. If an Indian tribe is a new employer in the system pursuant to subsection D of this section, the Indian tribe shall have ninety days after the date of participation to elect to opt out of the risk pool and to notify the administrator of the system in writing of the Indian tribe's decision not to participate in the public safety employer risk pool.

D. This state or any political subdivision of this state, Indian tribe or public organization that becomes a new employer in the system and that has two hundred fifty or fewer employees, on the effective date of participation in the system pursuant to section 38-851, who are in an eligible group shall participate in the public safety employer risk pool unless subsection B or C of this section applies.

E. If any individual employer in the public safety employer risk pool experiences a deviation in reported active member payroll of greater than twenty percent of the average of all participating employers in the risk pool in a twenty-four-month period, the system actuary shall prepare a financial impact report to determine whether the deviation creates an increased or decreased unfunded liability within the risk pool. If the deviation in reported active member payroll creates an increase to the unfunded liability within the risk pool, the responsible individual employer shall pay into the system, within sixty days after being notified of the amount due, one hundred percent of the cost of the increase in the unfunded liability. If the deviation in reported active member payroll creates a decrease to the unfunded liability within the risk pool, the system shall immediately credit the responsible individual employer one hundred percent of the cost of the decrease in the unfunded liability.
A.R.S. § 38-493 — Arizona Code / Title 38 / Chapter 3 / Article 7 / Section 493
38-493 Effect of article
Status: in_force

38-493. Effect of article

The provisions of this article shall be binding on the state and on a county, city, town or other political subdivision which employs personnel of any or all branches of its service under a merit system of employment as provided by section 38-491, regardless of any provision of the law, ordinance, rule, regulation or other enactment providing for such merit system.
A.R.S. § 38-466 — Arizona Code / Title 38 / Chapter 3 / Article 5 / Section 466
38-466 Sale of appointment to office; classification
Status: in_force

38-466. Sale of appointment to office; classification

A public officer, who for a gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any duties of his office, is guilty of a class 6 felony and shall forfeit his office and is forever disqualified from holding any office in this state.
A.R.S. § 38-652 — Arizona Code / Title 38 / Chapter 4 / Article 4 / Section 652
38-652 Experience rating dividends and unused claim reserves; deposit; trust account
Status: in_force

38-652. Experience rating dividends and unused claim reserves; deposit; trust account

A. Monies that are to be paid by any insurance carrier, other than a carrier that is being discontinued, as experience rating dividends or unused claim reserves resulting from health and accident coverage provided pursuant to this article shall be paid to the department of administration.  All such monies received by the department from such carriers shall be deposited, pursuant to sections 35-146 and 35-147, by the department within five days after receipt in a trust account to be administered by the department of administration. All such monies that are to be paid by an insurance carrier that will no longer continue as a carrier providing coverage pursuant to this article shall be paid to the department of administration. The department shall deposit, pursuant to sections 35-146 and 35-147, all such monies received from such discontinued carriers in the state general fund.

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.

C. Monies deposited in the trust account, together with all monies derived from investment of such monies, shall be used by the department of administration as provided in this subsection for the benefit of participating officers and employees who select a health and accident insurance benefit plan pursuant to this article that produces cash experience dividends and requires payroll deductions. Such monies shall be used as determined by the department of administration only for either or both of the following purposes:

1. To apply against premiums to be paid.

2. To purchase additional health and accident benefits for officers and employees and for the dependents of such officers and employees participating in the plan.

D.  Subsection C of this section does not require that all monies in the trust fund be used within any one or more fiscal years. Any person who is no longer an employee of the state or an employee who is no longer a participant in a plan of the insurance carrier from which such monies were derived shall forfeit the person's right to any such premium reduction or plan improvement.

E. Monies deposited in or credited to the trust account shall be exempt from the provisions of section 35-190 relating to the reversion of monies to the state general fund.

F. No monies may be withdrawn from the trust account except on the warrant of the department of administration.
A.R.S. § 38-890 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 890
38-890 Pensions; commencement and duration
Status: in_force

38-890. Pensions; commencement and duration

A. A normal retirement pension, an accidental disability pension, a total and permanent disability pension or an ordinary disability pension commences on the first day of the calendar month next following the member's date of retirement. A survivor pension commences on the first day of the calendar month next following the month in which the death causing payment of the pension occurs.

B. Termination of payment of a pension occurs at the end of the calendar month in which the event causing the termination occurred. The payment shall be made for the full month of termination.

C. A change in the amount of a pension occurs on the first day of the calendar month next following the date of the event causing the change.

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 the 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.
A.R.S. § 38-805 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 805
38-805 Normal retirement and early retirement pensions
Status: in_force

38-805. Normal retirement and early retirement pensions

A. A member who becomes a member of the plan before January 1, 2012 and who ceases to hold office is eligible for a normal retirement pension, if the member satisfies one of the following requirements:

1. Has attained age sixty-five with five or more years of credited service.

2. Has attained age sixty-two with ten or more years of credited service.

3. Has twenty or more years of credited service.

B. A member who becomes a member of the plan on or after January 1, 2012 and who ceases to hold office is eligible for a normal retirement pension, if the member satisfies one of the following requirements:

1. Has attained age sixty-five with five or more years of credited service.

2. Has attained age sixty-two with ten or more years of credited service.

C. A member who becomes a member of the plan before January 1, 2012, who has at least five years of credited service and who ceases to hold office as an elected official may take early retirement.

D. On normal or early retirement, a retired member shall receive a pension computed pursuant to section 38-808, subsection B or C until the member's death.
A.R.S. § 38-806 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 806
38-806 Disability retirement pensions
Status: in_force

38-806. Disability retirement pensions

A. A member who becomes permanently mentally or physically incapacitated for the purpose of performing the duties of the member's office may receive disability retirement benefits if the board of trustees finds that all of the following apply:

1. The member submits either personally or by a guardian an affidavit as to the nature of the member's incapacity.

2. The member is medically examined by a board of three physicians, one designated by the administrator of the fund, one designated by the member or the member's guardian and one designated by the governor.

3. A majority of the board of physicians certifies to the board of trustees that:

(a) The member is mentally or physically incapacitated for the purpose of performing the duties of the member's office.

(b) The member's incapacity occurred during the member's term of office and is expected to be of an indefinite duration.

(c) The member should be retired.

B. On retirement by reason of disability under this section, a retired member shall receive a pension computed pursuant to section 38-808, subsection B, paragraph 2 or subsection C, paragraph 2 until the member's death or until the member's pension is suspended, revoked or discontinued pursuant to this section.

C. If the board of trustees has reason to believe that a member, retired pursuant to this section but not yet eligible for normal retirement, may no longer be mentally or physically incapacitated from performing the duties of the public office from which the member retired, the board of trustees may require such retired member to be medically examined. The examination shall be conducted by a board of three physicians, one designated by the administrator of the fund, one designated by the retired member or the member's guardian and one designated by the governor.

D. The board of trustees shall discontinue pension payments to a member retired pursuant to this section, if the board of physicians certifies that the member is mentally and physically capable of performing the duties of the public office from which the member retired.

E. If the retired member refuses to submit to the medical examination, the administrator of the fund may suspend payment of the member's pension until the member submits to the medical examination. If the retired member refuses for one year or more to submit to medical examination, the board of trustees shall revoke the pension of a member retired under this section.
A.R.S. § 38-846.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 846.02
38-846.02 Termination of membership
Status: in_force

38-846.02. Termination of membership

A. On termination of employment for any reason other than death or retirement, within twenty days after filing a completed application with the board, a member who becomes a member of the system before January 1, 2012 is entitled to receive the following amounts, less any benefit payments the member has received or any amount the member may owe to the system:

1. If the member has less than five years of credited service with the system, the member may withdraw the member's accumulated contributions from the system.

2. If the member has five or more years of credited service with the system, the member may withdraw the member's accumulated contributions plus an amount equal to the amount determined as follows:

(a) 5.0 to 5.9 years of credited service, twenty-five percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

(b) 6.0 to 6.9 years of credited service, forty percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

(c) 7.0 to 7.9 years of credited service, fifty-five percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

(d) 8.0 to 8.9 years of credited service, seventy percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

(e) 9.0 to 9.9 years of credited service, eighty-five percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

(f) 10.0 or more years of credited service, one hundred percent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.

B. If a member who becomes a member of the system before January 1, 2012 has more than ten years of credited service with the system, leaves the monies prescribed in subsection A of this section on account with the system for more than thirty days after termination of employment and after that time period requests a refund of those monies, the member is entitled to receive the amount prescribed in subsection A of this section plus interest at a rate determined by the board for each year computed from and after the member's termination of employment.

C. On termination of employment for any reason other than death or retirement, within twenty days after filing a completed application with the board, a member who becomes a member of the system on or after January 1, 2012 is entitled to receive a lump sum payment equal to the member's accumulated contribution plus interest at a rate determined by the board as of the date of termination, less any benefit payments the member has received as of the date of termination or any amount the member may owe to the system.

D. A member who withdraws the amount prescribed in subsection A, B or C of this section from the system or who elects a transfer pursuant to section 38-846.06 forfeits all rights to benefits under the system and rights to rehearing and appeal, except as provided in section 38-849.
A.R.S. § 38-591 — Arizona Code / Title 38 / Chapter 3.2 / Article 1 / Section 591
38-591 Definitions
Status: in_force

38-591. Definitions

In this chapter, unless the context otherwise requires:

1. "Public service orientation programs" means educational training about laws relating to the proper conduct of public business, including laws relating to bribery, conflicts of interest, contracting with the government, disclosure of confidential information, discrimination, nepotism, financial disclosure, gifts and extra compensation, incompatible employment, misuse of public resources for personal gain, political activity by public employees, public access to records, open meeting laws and conduct after leaving one's position with the government.

2. "State officer" means all individuals elected or appointed to the legislature, a statewide elective position, or a state agency, department, board, commission, committee or council.
A.R.S. § 38-840.08 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.08
38-840.08 Facility of payment
Status: in_force

38-840.08. Facility of payment

In the case of incapacity of a member receiving EODC disability program benefits, or in the case of any other emergency as determined by the board, the board may make EODC disability program benefit payments on behalf of the member to another person or persons the board determines to be lawfully entitled to receive payment.  The payment is payment for the account of the member and all persons entitled to payment and, to the extent of the payment, is a full and complete discharge of all liability of the board or the EODC disability program, or both, under or in connection with the EODC disability program.
A.R.S. § 38-414 — Arizona Code / Title 38 / Chapter 3 / Article 2 / Section 414
38-414 Collection of fees; failure to report amount collected; classification
Status: in_force

38-414. Collection of fees; failure to report amount collected; classification

A public officer who by law is required to make an abstract or statement of the amount of fees, compensation or percentage as earned or collected by him or his deputies, or as having been returned to him by any other officer or person, or who is required by law to keep or preserve such abstract or statement or to file it in some designated place, who knowingly fails or refuses to make or file such abstract or statement as required by law, is guilty of a class 2 misdemeanor and shall be removed from office by judgment of the court.
A.R.S. § 38-843.05 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 843.05
38-843.05 Retired members; return to work; employer contributions
Status: in_force

38-843.05. Retired members; 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 of an eligible group, unless the retired member is required to participate in another state retirement system and the retired member returned to work before July 20, 2011. For the purposes of this subsection, "returns to work in any capacity" includes a retired member who returns to work and is ineligible for benefits pursuant to section 38-849, subsection E.

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 system'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 eight percent in any fiscal year.

D. All contributions made by the employer and allocated to the fund are irrevocable and shall be used as benefits under this article or to pay the expenses of the system.  Payments made pursuant to this section by employers become delinquent after the due date prescribed in section 38-843, subsection D, and thereafter shall be increased by interest from and after that date until payment is received by the system.

E. An employer of a retired member shall immediately notify the local board after the employment of a retired member and shall submit any reports, data, paperwork or materials that are requested by the board or the local board 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. § 38-342 — Arizona Code / Title 38 / Chapter 2 / Article 8 / Section 342
38-342 Service on accused; appearance and plea
Status: in_force

38-342. Service on accused; appearance and plea

A. The accusation shall be delivered by the foreman of the grand jury to the county attorney, who shall cause a copy thereof to be served upon the accused, and require by written notice of not less than ten days that he appear before the superior court in and for the county and answer the accusation. The original accusation shall then be filed with the clerk of the court.

B. The accused shall appear at the time appointed in the notice and answer the accusation, unless the court assigns another day for that purpose. If the accused does not appear, the court may hear and determine the accusation in his absence.

C. The accused may answer the accusation either by objecting in writing to the sufficiency thereof or of any charge therein, and if overruled the accused shall immediately enter a denial which shall be entered upon the minutes of the court.
A.R.S. § 38-1107 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1107
38-1107 Superior court review hearing; remedy; exceptions
Status: in_force

38-1107. Superior court review hearing; remedy; exceptions

A. If a law enforcement officer is demoted or terminated as the result of an employer or a person acting on behalf of an employer reversing the decision or recommendation of a hearing officer, administrative law judge or appeals board where the finding states that there was no just cause for the demotion or termination, the law enforcement officer may bring an action in superior court for a hearing de novo on the demotion or termination.

B. If a law enforcement officer is demoted or terminated by an employer or a person acting on behalf of an employer where there is no hearing officer, administrative law judge or appeals board to review the demotion or termination, the law enforcement officer may bring an action in superior court to review the agency's file.  If the court finds from a review of the file that there was no just cause for the demotion or termination, the officer is entitled to a hearing de novo on the demotion or termination.

C. If the superior court finds that just cause for a demotion or termination did not exist, the court shall order the officer reinstated to the officer's previous position with the law enforcement agency and may award to the law enforcement officer monetary damages that shall not exceed the officer's combined total of wages and benefits during the period of imposed disciplinary action that was lost as a result of the demotion or termination.

D. An action pursuant to subsection A or B of this section shall be commenced within thirty-five calendar days after a copy of the decision sought to be reviewed is served on the law enforcement officer.

E. In an action pursuant to subsection A or B of this section the court may award the successful party reasonable attorney fees as set forth in section 12-341.01, subsection B and shall award the successful party all costs pursuant to section 12-341.

F. This section does not apply to a law enforcement officer who is employed as an at will employee:

1. As a police chief or an assistant police chief in a law enforcement agency.

2. By an agency of this state.
A.R.S. § 38-506 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 506
38-506 Remedies
Status: in_force

38-506. Remedies

A. In addition to any other remedies provided by law, any contract entered into by a public agency in violation of this article is voidable at the instance of the public agency.

B. Any person affected by a decision of a public agency may commence a civil suit in the superior court for the purpose of enforcing the civil provisions of this article. The court may order such equitable relief as it deems appropriate in the circumstances including the remedies provided in this section.

C. The court may in its discretion order payment of costs, including reasonable attorney's fees, to the prevailing party in an action brought under subsection B.
A.R.S. § 38-844.05 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 844.05
38-844.05 Deferred retirement option benefits and participation accounts
Status: in_force

38-844.05. Deferred retirement option benefits and participation accounts

A. A deferred retirement option plan participation account is an account established within the system on behalf of each deferred retirement option plan participant.  All benefits accrued pursuant to this article shall be accounted for in the deferred retirement option plan participation account.  A deferred retirement option plan participant does not have a claim on the assets of the system with respect to the member's deferred retirement option plan participation account and assets shall not be set aside for any deferred retirement option plan participant that are separate from all other system assets.

B. All amounts credited to a member's deferred retirement option plan participation account are fully vested.

C. A member's deferred retirement option plan participation account shall be credited with the following:

1. An amount, credited monthly, that is computed in the same manner as a normal retirement benefit using the factors of credited service and average monthly benefit compensation in effect on the date of deferred retirement option plan participation.

2. For the first sixty months, an amount, credited monthly, that represents interest on the amount credited pursuant to paragraph 1 of this subsection at a rate equal to the assumed rate of return determined by the board.

D. Beginning on or before January 1, 2023, at the end of the first sixty-month period, for a member who extended the member's period of participation in the deferred retirement option plan past sixty months, the system shall transfer the accumulated balance of a member's deferred retirement option plan participation account to an account created for the member in a defined contribution plan.  For the subsequent period of time in the deferred retirement option plan, up to twenty-four months, all deferred retirement option plan benefits that are accrued and credited monthly pursuant to subsection C, paragraph 1 of this section shall be deposited in the member's defined contribution plan account.  A member may not withdraw the assets of the member's defined contribution plan account until the member terminates employment.

E. The participant is not entitled to receive any amount prescribed by section 38-856.05 or 38-857 during the deferred retirement option plan participation period.
A.R.S. § 38-461 — Arizona Code / Title 38 / Chapter 3 / Article 5 / Section 461
38-461 Appointment and recording of appointment
Status: in_force

38-461. Appointment and recording of appointment

A. Every state officer, board or commission may appoint deputies and assistants when authorized by law, and may appoint clerks and employees for the prompt discharge of the duties of the office.

B. Deputies, assistants and subordinate officers whose appointments are not otherwise provided for by law shall be appointed by the officer or body to whom they are subordinate.

C. The appointment of deputies and assistants by state officers, boards or commissions shall be in writing and filed in the office of the secretary of state. The appointment of deputies, assistants or clerks by county officers or boards shall, except as otherwise provided, be in writing and recorded in the office of the county recorder.
A.R.S. § 38-855 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 855
38-855 Transfer outside the public safety personnel retirement system
Status: in_force

38-855. Transfer outside the public safety personnel retirement system

A member who changes employment or transfers or is assigned to a position in which such member is no longer eligible to be a member of this system, because of a change in duties or otherwise, with the same or another public employer of this state maintaining a retirement program for public officers or employees authorized by law may have all credited service transferred to the retirement system or program applicable to the new position.  If the member does not transfer credited service as provided in this section within two years after the change in employment or transfer, the member shall request a refund of member contributions or shall have the credited service transferred pursuant to this section. Any transfer of credited service pursuant to this section to a state retirement system or plan shall be made pursuant to article 7 of this chapter and must be approved by the board.
A.R.S. § 38-1120 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1120
38-1120 Peace officer complaint; mandatory notice
Status: in_force

38-1120. Peace officer complaint; mandatory notice

Before a law enforcement agency accepts a complaint made against a peace officer, the law enforcement agency must provide the person making the complaint with the following notice:

Pursuant to section 13-2907.01, Arizona Revised Statutes, it is a class 1 misdemeanor to knowingly make to a law enforcement agency a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.
A.R.S. § 38-1102 — Arizona Code / Title 38 / Chapter 8 / Article 1 / Section 1102
38-1102 Peace officers bill of rights; preemption
Status: in_force

38-1102. Peace officers bill of rights; preemption

The peace officers bill of rights is established. This article outlines the minimum rights given to peace officers in this state. This article does not preempt agreements that supplement or enhance the provisions of this article, including written agreements between the employer and the law enforcement officer or the law enforcement officer's lawful representative association.
A.R.S. § 38-311 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 311
38-311 Officers subject to impeachment
Status: in_force

38-311. Officers subject to impeachment

The governor, every state and judicial officer, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors or malfeasance in office.
A.R.S. § 38-1161 — Arizona Code / Title 38 / Chapter 8 / Article 3 / Section 1161
38-1161 Civilian review board members; required training; statewide concern; exception; definition
Status: in_force

38-1161. Civilian review board members; required training; statewide concern; exception; definition

(L21, Ch. 403, sec. 17)

A. Before a person becomes a member of a civilian review board that reviews the actions of peace officers in this state, the person must either:

1. Satisfactorily complete either:

(a) A community college police academy.

(b) A total of eighty hours of Arizona peace officer standards and training board certified training in the following subjects:

(i) Arizona law on use of force justification.

(ii) Dynamics of use of force encounters.

(iii) Dynamics of de-escalation.

(iv) Body-worn camera capabilities and limitations.

(v) In-custody deaths.

(vi) Criminal and administrative investigations and representative due process.

(vii) Twenty hours of simulated event law enforcement training, which shall count toward the eighty hours of training.

2. Be currently, or has previously been, certified by the Arizona peace officer standards and training board.

B. Members currently serving on civilian review boards shall complete the training required by this section within one year after the effective date of this section.

C. The legislature finds that setting and maintaining standards of professionalism and integrity of peace officers in this state are of statewide concern.

D. This section does not apply to a member of the Arizona peace officer standards and training board.

E. For the purposes of this section, "civilian review board" means a person or a committee, board, agency, department or entity that is comprised entirely or partially of civilian appointees and that does any of the following:

1. Receives community complaints about the actions taken by employees of a state or local law enforcement agency.

2. Reviews, monitors, audits or participates in internal investigations of employees of state or local law enforcement agencies.

3. Recommends policy changes or disciplinary measures to state or local law enforcement agencies regarding actions taken by an employee of the agency.

4. Issues reports or information about actions taken by an employee of a state or local law enforcement agency.

5. Investigates law enforcement officer conduct or misconduct, influences the conduct of or certifies law enforcement officer conduct or misconduct investigations, recommends disciplinary actions for law enforcement officer misconduct or imposes discipline for law enforcement officer misconduct. This paragraph does not apply to a person or a committee, board, agency, department or entity that only reviews the actions of another person or committee, board, agency, department or entity and does not determine the initial level of discipline or have the authority to increase the level of discipline.
A.R.S. § 38-201 — Arizona Code / Title 38 / Chapter 2 / Article 1 / Section 201
38-201 General qualifications
Status: in_force

38-201. General qualifications

A. Every officer shall be not less than eighteen years of age, a citizen of the United States and a resident of this state.

B. No person is eligible to any office, employment or service in any public institution in the state, or in any of the several counties thereof, of any kind or character, whether by election, appointment or contract, unless he is a citizen of the United States, but the provisions of this subsection shall not apply to the employment of any teacher, instructor or professor authorized to teach in the United States under the teacher exchange program as provided by federal statutes or the employment of university or college faculty members.

C. A person who is unable to speak, write and read the English language is not eligible to hold a state, county, city, town or precinct office in the state, whether elective or appointive, and no certificate of election or commission shall issue to a person so disqualified.

D. Except as provided in subsection E, a person is not eligible for employment by or service for the state or a political subdivision of the state, including all boards and commissions of the state or political subdivision, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions unless the person has registered with the selective service system if required by the federal military selective service act (62 Stat. 604; 50 United States Code App. section 453).

E. A person may not be denied a right, privilege or benefit by reason of subsection D if either of the following applies:

1. The requirement for the person to so register has terminated or become inapplicable to the person.

2. The person shows by a preponderance of the evidence that the failure of the person to register with the selective service system was not a knowing and willful failure to register.
A.R.S. § 38-271 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 271
38-271 Effect of withdrawal on liability of surety
Status: in_force

38-271. Effect of withdrawal on liability of surety

No surety shall be released from liability for acts, omissions or causes existing or which arose before the making of the order discharging him, but legal proceedings may be had therefor in all respects as though no such order had been made.
A.R.S. § 38-254 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 254
38-254 Bond premiums as public charge
Status: in_force

38-254. Bond premiums as public charge

When a public officer, excepting a notary public, his deputy, assistant or employee is required by law or by a board or commission of the respective agencies of the state to give bond for the performance of the duties of his office and the surety of the bond is a corporation, the premiums for the writing of the bonds shall be a public charge of such officer and shall be paid from the expense fund of the agency, or if no expense fund exists, then by the state or county out of the general fund.
A.R.S. § 38-625 — Arizona Code / Title 38 / Chapter 4 / Article 2 / Section 625
38-625 Receipts for transportation
Status: in_force

38-625. Receipts for transportation

Claims which include transportation by common carrier, rented automobiles, trains or airplanes shall not be allowed unless accompanied by receipts, but receipts for transportation by means of local public transportation including taxicabs shall not be required, and such means of local transportation may be allowed and paid for and shall not be considered as regular common carrier transportation.
A.R.S. § 38-611.01 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 611.01
38-611.01 Arizona state retirement system; incentive compensation plan; special pay plan
Status: in_force

38-611.01. Arizona state retirement system; incentive compensation plan; special pay plan

The Arizona state retirement system established by chapter 5, article 2 of this title:

1. May administer an incentive compensation plan for investment related personnel established in consultation with the director of the department of administration.  The Arizona state retirement system shall file a copy of any incentive compensation plan for investment related personnel with the governor, the president of the senate, the speaker of the house of representatives, the office of strategic planning and budgeting, the joint legislative budget committee and the department of administration within ten business days of its adoption or readoption.

2. Except for the incentive compensation plan for investment related personnel, shall not establish any other compensation plans without the approval of the director of the department of administration.

3. May request that the director of the department of administration establish a special pay plan for the Arizona state retirement system director, deputy director, chief investment officer, investment related personnel and fiduciary or investment counsel. The director of the department of administration, pursuant to section 41-742, subsection C, paragraph 4, shall establish the special pay plan after considering the recommendations of the Arizona state retirement system board and using relevant market data.  The director of the department of administration may adopt other special pay plans determined necessary for certain classes or groups of Arizona state retirement system employees, taking into consideration such factors as occupational patterns, economic conditions and pay ranges common to government, business and industry, and shall work with the Arizona state retirement system in establishing the plans.
A.R.S. § 38-431.06 — Arizona Code / Title 38 / Chapter 3 / Article 3.1 / Section 431.06
38-431.06 Investigations; written investigative demands
Status: in_force

38-431.06. Investigations; written investigative demands

A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation.

B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation  occurred, or their designees, may:

1. Issue written investigative demands to any person.

2. Administer an oath or affirmation to any person for testimony.

3. Examine under oath any person in connection with the investigation of the alleged violation of this article.

4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record.

5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney.

C. The written investigative demand shall:

1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested.

2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified.

3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time.

4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object.

D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand.  Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred.  Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure.  If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe.  If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order:

1. Adjudging the person in contempt of court.

2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation.

3. Granting other relief the court deems proper.
A.R.S. § 38-895.03 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 895.03
38-895.03 Required distributions
Status: in_force

38-895.03. 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. § 38-1005 — Arizona Code / Title 38 / Chapter 7 / Article 1 / Section 1005
38-1005 Status of persons employed prior to merit system institution
Status: in_force

38-1005. Status of persons employed prior to merit system institution

All law enforcement officers holding a position on the effective date of this article shall be continued in their respective positions without examination, until removed from such positions, under the provisions of the merit system established pursuant to this article.
A.R.S. § 38-293 — Arizona Code / Title 38 / Chapter 2 / Article 6 / Section 293
38-293 Effect of conviction of officer
Status: in_force

38-293. Effect of conviction of officer

In addition to the penalty fixed by express terms for every neglect or violation of official duty on the part of public officers of the state, a county, city, town, district or township where it is not so expressly provided, such officers may, in the discretion of the court, be removed from office.
A.R.S. § 38-609 — Arizona Code / Title 38 / Chapter 4 / Article 1 / Section 609
38-609 Retention of salary of subordinate; classification
Status: in_force

38-609. Retention of salary of subordinate; classification

A public officer or employee who accepts, retains or diverts for his own use or the use of any other person any part of the salary or fees allowed by law or usage to his deputy, clerk, other subordinate officer or employee, is guilty of a class 5 felony.
A.R.S. § 38-840.01 — Arizona Code / Title 38 / Chapter 5 / Article 3.2 / Section 840.01
38-840.01 EODC disability program; administration; power and duties of the board; hearing; annual report
Status: in_force

38-840.01. EODC disability program; administration; power and duties of the board; hearing; annual report

A. The elected officials' defined contribution retirement system disability program is established for members of the elected officials' defined contribution retirement system. The board shall administer the EODC 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 EODC disability program trust fund and file a copy of the audit with the auditor general.

4. Invest the monies in the EODC disability program trust fund as provided in article 4 of this chapter.

5. On or before December 1 of each year, submit to the governor, the speaker of the house of representatives and the president of the senate a detailed report of the operation and the investment performance of the program that includes the contribution rate for the ensuing fiscal year.

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 EODC disability program trust 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. § 38-447 — Arizona Code / Title 38 / Chapter 3 / Article 4 / Section 447
38-447 Violation of prohibition against acquisition of certain interests by public officers; classification
Status: in_force

38-447. Violation of prohibition against acquisition of certain interests by public officers; classification

An officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing evidences of indebtedness, who violates any provision of such laws, is guilty of a class 5 felony, and is forever disqualified from holding any office in this state.
A.R.S. § 38-816 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 816
38-816 Redemption of prior service
Status: in_force

38-816. Redemption of prior service

A.  Except as provided in subsection B of this section, an active elected official who has at least five years of credited service with the plan may elect to redeem up to sixty months of any part of the following prior service or employment by paying into the fund the amounts required under subsection C of this section if the prior service or employment is not on account with any other retirement system or plan:

1. Prior service in this state as an elected official with an employer now covered by the plan before the effective date of participation if the elected official has received a refund from a prior retirement system or plan on termination of employment before the elected official's application for redemption of prior service.

2. Prior service in this state as an elected official with an employer now covered by the plan before the effective date of participation if the elected official was not covered by a retirement system or plan during the elected official's prior elected official service.

3. Prior service as an elected official of this state or a city, town or county of this state if the elected official was not covered by a retirement system or plan during that service whether or not the city, town or county is an employer now covered by the plan.

4. Prior employment with the United States government, a state of the United States or a political subdivision of a state of the United States.

B. An active elected official who became a member of the plan before January 1, 2012 may redeem any amount of eligible prior service as specified in subsection A of this section without having to have accrued any minimum amount of credited service in the plan.

C. An active elected official who elects to redeem any part of the prior service or employment for which the elected official is deemed eligible by the board under this section shall pay into the plan the amounts previously withdrawn by the elected official as a refund of the elected official's accumulated contributions, if any, plus the additional amount, if any, that is computed by the plan's actuary and that is necessary to equal the increase in the actuarial present value of projected benefits resulting from the redemption calculated using the actuarial methods and assumptions that are prescribed by the plan's actuary.

D. On approval by the governing body of an incorporated city or town that executes a joinder agreement under section 38-815, the city or town may pay into the fund all or any part of the amount sufficient to provide retirement benefits for elected officials or former elected officials for the time of service as an elected official of the city or town before the joinder agreement if no retirement benefits were in effect for elected officials during the time of service being redeemed under this section.

E. A member electing to redeem service pursuant to this section may pay for service being redeemed in the form of a lump sum payment to the plan, a trustee-to-trustee transfer or a direct rollover of an eligible distribution from a plan described in section 402(c)(8)(B)(iii), (iv), (v) or (vi) of the internal revenue code or a rollover of an eligible distribution from an individual retirement account or annuity described in section 408(a) or (b) of the internal revenue code.
A.R.S. § 38-843.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 843.02
38-843.02 Internal revenue code qualification
Status: in_force

38-843.02. Internal revenue code qualification

The legislature intends that the system 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 system.  The board may adopt such additional provisions to the system as are necessary to fulfill this intent.
A.R.S. § 38-739 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 739
38-739 Credited service
Status: in_force

38-739. Credited service

A. A member shall not earn more than one year of credited service in any fiscal year.

B. A member shall earn proportionate credited service for each month for which the member performs service and is compensated equal to the ratio that the month bears to the number of months in the member's service year.

C. If a member is compensated for less than a full service year, the member shall earn credited service equal to the ratio that the number of months actually compensated bears to the number of months in the full service year.

D. If a member holds two or more concurrent contracts in any fiscal year, credited service shall be determined on the basis of the terms of the contract with the longest term.

E. Members on sabbatical leave for which they are paid on a full or partial basis shall make appropriate contributions while on sabbatical leave and are considered to be employed full time.

F. The following years of service are excluded from credited service under this article:

1. Years of prior service. For the purposes of this paragraph, "prior service" has the same meaning prescribed in section 38-772.

2. Years in which the member made contributions to the defined contribution program administered by ASRS or the Arizona teachers' retirement system before membership in the defined contribution program administered by ASRS and for which those contributions were subsequently withdrawn and paid to the member.
A.R.S. § 38-534 — Arizona Code / Title 38 / Chapter 3 / Article 9 / Section 534
38-534 Appropriate independent personnel boards
Status: in_force

38-534. Appropriate independent personnel boards

A. A community college district, school district, county and city or town may either:

1. Establish an appropriate independent personnel board to hear and decide personnel matters brought pursuant to section 38-532.

2. Authorize an existing independent board to hear and decide personnel matters brought pursuant to section 38-532.

B. Notwithstanding subsection A of this section, a school district governing board or a community college district governing board may hear and decide personnel matters brought pursuant to section 38-532.

C. If a community college district, school district, county or city or town does not establish an appropriate independent personnel board to hear and decide personnel matters brought pursuant to section 38-532, or does not authorize an existing independent board to hear and decide personnel matters brought pursuant to section 38-532, or if a school district governing board or a community college district governing board does not hear and decide personnel matters brought pursuant to section 38-532, complaints filed pursuant to this article shall be heard by the state personnel board.
A.R.S. § 38-491 — Arizona Code / Title 38 / Chapter 3 / Article 7 / Section 491
38-491 Eligibility; age limit
Status: in_force

38-491. Eligibility; age limit

A. This state, or any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that a veteran of the armed forces of the United States as defined by title 37, chapter 1, section 101, United States Code, separated from active duty under honorable conditions, is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed.

B. Any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that any veteran who is entitled under 10 United States Code chapter 1223 to retired pay for non-regular service or, but for age, would be entitled under that chapter to retired pay for non-regular service is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed.
A.R.S. § 38-531 — Arizona Code / Title 38 / Chapter 3 / Article 9 / Section 531
38-531 Definitions
Status: in_force

38-531. Definitions

In this article, unless the context otherwise requires:

1. "Employee" means an officer or employee of this state or any of its departments, commissions, agencies or boards. Employee includes employees and officers of community college districts, school districts and counties of this state and law enforcement officers of a city or town but does not include officers or employees of a municipal corporation established for the purpose of reclamation and distribution of water and the generation of electricity.

2. "Former employee" means an employee who was dismissed.

3. "Law enforcement officer" has the same meaning prescribed in section 38-1101.

4. "Personnel action" means:

(a) Appointment.

(b) Promotion.

(c) Disciplinary or corrective action.

(d) Detail, transfer or reassignment.

(e) Suspension, demotion or dismissal.

(f) Reinstatement.

(g) Restoration.

(h) Reemployment.

(i) Performance evaluation.

(j) Decision concerning pay, benefits or awards.

(k) Elimination of the employee's position without a reduction in force by reason of lack of monies or work.

(l) Other significant change in duties or responsibilities that is inconsistent with the employee's salary or grade level.

5. "Public body" means the attorney general, the legislature, the governor, a federal, state or local law enforcement agency, the county attorney, the governing board of a community college district or school district, the board of supervisors of a county or an agency director.

6. "Reprisal" means to take a personnel action the result of which is adverse to an employee.
A.R.S. § 38-904 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 904
38-904 Death benefits; amount
Status: in_force

38-904. Death benefits; amount

A. If an active or inactive member dies and no pension is payable on account of the member's death, an amount equal to two times the member's accumulated contributions to the retirement plan is payable to the person designated by the deceased member in writing and filed with the board.  If the designated person or persons do not survive the deceased member or if the designated person does not claim the benefit, the payment is payable, at the election of the local board, to the designated person's nearest of kin as determined by the local board or to the estate of the deceased member. The beneficiary or person who is claiming to be the nearest of kin shall file a written application in order to receive the refund.  For the purposes of this subsection, "inactive member" means a person who previously made contributions to the plan, who has not retired, who is not currently making contributions to the plan and who has not withdrawn contributions from the plan.

B. If the deceased retired or active member does not have an eligible surviving spouse or the pension of the eligible surviving spouse is terminated, each eligible child is entitled to 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 board shall pay the surviving minor or child's with a disability pension 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 if 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 if the child remains eligible for the pension payment.
A.R.S. § 38-312 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 312
38-312 Articles of impeachment
Status: in_force

38-312. Articles of impeachment

Impeachment shall be instituted in the house of representatives by resolution, and shall be conducted by managers elected by the house of representatives, who shall prepare articles of impeachment, present them at the bar of the senate and prosecute them. The hearing shall be heard before the senate sitting as a court of impeachment.
A.R.S. § 38-321 — Arizona Code / Title 38 / Chapter 2 / Article 7 / Section 321
38-321 Judgment
Status: in_force

38-321. Judgment

If the accused is convicted, the court of impeachment shall, at such time as it appoints, pronounce judgment by resolution entered upon the journals of the court, which shall be the judgment of the senate. The judgment of conviction may provide that the accused be removed from office or that he be removed from office and disqualified to hold any office of honor, trust or profit under the constitution and laws of the state.
A.R.S. § 38-797.06 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.06
38-797.06 Contribution rate; annual report
Status: in_force

38-797.06. Contribution rate; annual report

A. The board shall select an actuary to determine required employer contributions on an annual basis. The actuary shall be a fellow of the society of actuaries.

B. Employer contributions shall be a percentage of compensation of all employees of the employers who meet the eligibility requirements of article 2 of this chapter, as the ASRS 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.

C. All contributions made by the employer and allocated to the LTD trust fund established by section 38-797.02 are irrevocable and shall be used as benefits under this article or to pay expenses of the LTD program.

D. ASRS shall provide a preliminary report on or before November 30 of the valuation year and a final report on or before January 15 of the following year to the governor, the speaker of the house of representatives and the president of the senate on the contribution rate for the ensuing fiscal year.
A.R.S. § 38-797.03 — Arizona Code / Title 38 / Chapter 5 / Article 2.1 / Section 797.03
38-797.03 ASRS board; personnel; duties; hearing or review; executive session
Status: in_force

38-797.03. ASRS board; personnel; duties; hearing or review; executive session

A. The board shall administer the LTD program. ASRS officers, contractors and personnel shall perform the duties prescribed by this article.

B. The board may determine the rights, benefits or obligations of any person under this article and afford any person dissatisfied with a determination of their rights, benefits or obligations under this article with a hearing on the determination.  Notwithstanding section 38-431.03, the board shall hold a hearing or review of an administrative law judge's written decision in an executive session if the aggrieved person makes such a request. If the board holds a hearing or review in executive session pursuant to this subsection, the board shall use the procedures for an executive session as provided in section 38-431.03. Minutes of and discussions held at an executive session are confidential except from the aggrieved person for the purposes of an appeal of the board's decision to the superior court on the matter that is determined by the board.  The aggrieved person must request an executive session hearing at least forty-eight hours before the hearing.

C. The board may enter into a contract with an insurance company or another entity to administer all or part of the LTD program and to determine eligibility for benefits under the LTD program.

D. The board shall pay from the LTD trust fund the amounts necessary to pay benefits under and costs of administering the LTD program.
A.R.S. § 38-870.07 — Arizona Code / Title 38 / Chapter 5 / Article 4.2 / Section 870.07
38-870.07 Death benefits; survivor or eligible child
Status: in_force

38-870.07. Death benefits; survivor or eligible child

A. If a participant, as defined in section 38-865, paragraph 7, subdivision (a), item (i), is killed in the line of duty or dies from injuries suffered in the line of duty, the local board shall follow the same procedures and methods as prescribed in section 38-846 to determine eligibility for and the continuation of a death benefit to a surviving spouse or any eligible child.

B. A surviving spouse or eligible child of a participant as specified in subsection A of this section who meets the requirements for a death benefit as prescribed in section 38-846 shall receive a monthly death benefit equal to a monthly death pension that would be provided to a public safety personnel retirement system member who is hired on or after July 1, 2017, reduced by an amount equal to the monthly annuitized value of the participant's annuity account under article 4.1 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 participant's annuity account under article 4.1 of this chapter to be used in reducing the death benefit paid pursuant to this section, the board shall instruct its actuary to calculate the monthly payment that would be paid to the surviving spouse or eligible child assuming the participant had elected a straight life annuity commencing on the participant's date of death, using the mortality and interest factors then used by the actuary in determining the valuation of the public safety personnel retirement system.
A.R.S. § 38-705 — Arizona Code / Title 38 / Chapter 5 / Article 1 / Section 705
38-705 Studies and reports by state agency
Status: in_force

38-705. Studies and reports by state agency

The state agency may:

1. Conduct studies concerning the problem of old age and survivors insurance protection for employees and concerning the operation of agreements made and plans approved under this article.

2. Submit a report to the legislature at the beginning of each regular session covering the administration and operation of this article during the preceding calendar year, including recommendations for amendments to this article it considers proper.
A.R.S. § 38-501 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 501
38-501 Application of article
Status: in_force

38-501. Application of article

A. This article shall apply to all public officers and employees of incorporated cities or towns, of political subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards.

B. Notwithstanding the provisions of any other law, or the provisions of any charter or ordinance of any incorporated city or town to the contrary, the provisions of this article shall be exclusively applicable to all officers and employees of every incorporated city or town or political subdivision or the state and any of its departments, commissions, agencies, bodies or boards and shall supersede the provisions of any other such law, charter provision or ordinance.

C. Other prohibitions in the state statutes against any specific conflict of interests shall be in addition to this article if consistent with the intent and provisions of this article.
A.R.S. § 38-746 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 746
38-746 Compensation limitation; adjustments
Status: in_force

38-746. Compensation limitation; adjustments

A. Except as provided in subsection E, beginning on July 1, 2002, the annual compensation of each employee taken into account under ASRS for any fiscal year or for any other specified twelve consecutive month period shall not exceed two hundred thousand dollars.  In determining benefit accruals under ASRS for fiscal years beginning after December 31, 2001 and except as provided for in subsection E, the annual compensation limit under this subsection for fiscal years beginning before January 1, 2002 is two hundred thousand dollars.

B. If compensation under ASRS is determined on 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. For fiscal years beginning before July 1, 1997, the annual compensation limit prescribed in this section also applies to the combined compensation of a member who is a member of the group of ten highly compensated employees, as defined in section 414(q) of the internal revenue code, and who is paid the highest compensation during the fiscal year and any family member of the member who is either the member's spouse or the member's lineal descendant and who has not attained the age of nineteen before the close of the fiscal year.  If the maximum compensation is adjusted pursuant to subsection D, the adjusted limitation shall be prorated among the affected members' compensation determined pursuant to this section before application of the adjusted limitation to the other provisions of this article.

D. The board shall adjust the maximum compensation under subsection A 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 fiscal year of ASRS that begins with or within the calendar year.

E. The dollar limitation prescribed in subsection A does not apply to an eligible member to the extent that the annual compensation of an eligible member taken into account by ASRS for any fiscal year or for any other specified twelve consecutive month period would be reduced below two hundred thirty-five thousand eight hundred forty dollars. This was the amount of compensation taken into account by ASRS as of July 1, 1993. The board shall adjust this amount as of the effective date of the increase prescribed by the United States secretary of the treasury. For the purposes of this subsection, "eligible member" means a person who first became a member of ASRS before July 1, 1996.
A.R.S. § 38-812 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 812
38-812 Maximum annual pension; limitations; definition
Status: in_force

38-812. Maximum annual pension; limitations; definition

A. The maximum annual pension for a limitation year shall not exceed the following:

1. For limitation years beginning before 1995, the lesser of ninety thousand dollars, as indexed for inflation, or one hundred per cent of the member's average yearly salary.

2. For limitation years beginning in 1995 and ending before 2002, ninety thousand dollars, as indexed for inflation.

3. For limitation years ending in and after 2002, one hundred sixty thousand dollars, as indexed for inflation.

B. The limitations prescribed in subsection A shall be determined under section 415 of the internal revenue code and the regulations that are then in effect under that section.

C. Notwithstanding this section, the pension payable under this plan may be reduced to the extent necessary, as determined by the plan, to prevent disqualification of the plan under section 415 of the internal revenue code, which imposes additional limitations on the pension payable to members who also may be participating in another tax qualified pension plan or other plan of this state.  The plan shall advise affected members of any additional limitation of their pension required by this section.

D. For the purposes of this section, "limitation year" means the plan's fiscal year.
A.R.S. § 38-939 — Arizona Code / Title 38 / Chapter 5 / Article 7.1 / Section 939
38-939 Nontaxable status of prefunding plan; intent
Status: in_force

38-939. Nontaxable status of prefunding plan; intent

A. Assets transferred into or out of or held in the prefunding plan and investment income on assets in the prefunding plan are exempt from state, county and municipal taxes.

B. The legislature intends that the prefunding plan's income not be subject to federal income tax. The board may adopt additional rules, policies and procedures as the board deems necessary or appropriate to fulfill the legislature's intent that the prefunding plan's income not be subject to federal income tax.

C. If the board receives notification from the United States internal revenue service that this article or any portion of this article will jeopardize the tax-exempt status of the prefunding plan's income, the portion of this article that will cause the disqualification does not apply.
A.R.S. § 38-260 — Arizona Code / Title 38 / Chapter 2 / Article 5 / Section 260
38-260 Beneficiaries of bond
Status: in_force

38-260. Beneficiaries of bond

Every official bond executed by any officer pursuant to law, is in force and obligatory upon the principal and sureties therein to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of the officer in his official capacity. Any person so injured or aggrieved may bring an action on the bond in his own name without an assignment thereof.
A.R.S. § 38-885.02 — Arizona Code / Title 38 / Chapter 5 / Article 6 / Section 885.02
38-885.02 Early retirement
Status: in_force

38-885.02. Early retirement

Members who are hired on or after July 1, 2018 and who have earned at least ten years of credited service may retire at fifty-two and one-half years of age and will receive an actuarially equivalent retirement benefit to the benefit amount prescribed in section 38-885, subsection F.
A.R.S. § 38-924 — Arizona Code / Title 38 / Chapter 5 / Article 7 / Section 924
38-924 Transfer of service credits
Status: in_force

38-924. Transfer of service credits

A. Service credits qualified pursuant to section 38-923 may be transferred pursuant to this section.

B. In the case of a member whose contributions remain on deposit with the prior retirement system or plan, the following shall occur:

1. The prior system or plan shall determine the amount of the member’s accumulated contribution account balance under the prior system or plan plus accumulated interest as determined by the governing body of the system or plan.

2. The system or plan to which the member is transferring shall calculate any increase in the actuarial present value of the projected benefits provided as a result of the transfer of the member's service credits.  The actuary of the system or plan to which the service credits are being transferred shall perform this calculation using the actuarial method and assumptions recommended by the actuary and adopted by the governing body of the retirement system or plan.

C. If a member decides to transfer:

1. The prior system or plan shall transfer to the present system or plan the amount determined pursuant to subsection B, paragraph 1 of this section.  If the amount calculated in subsection B, paragraph 2 of this section is greater than the amount determined in subsection B, paragraph 1 of this section, the transferring member shall either elect to pay the difference in order to receive all service credits earned under the prior system or plan or to accept a reduced transfer of service credits.  If the member elects to pay the difference, the amount paid shall be added to the member’s accumulated contribution account balance.  If the member elects to accept a reduced transfer of service credits, the amount of service credits transferred shall be equal to the amount of service credits earned under the prior system or plan corresponding to the amount determined under subsection B, paragraph 1 of this section multiplied by the ratio of the amount calculated under subsection B, paragraph 1 of this section to the amount calculated under subsection B, paragraph 2 of this section.

2. If the amount calculated in subsection B, paragraph 2 of this section is less than or equal to the amount determined in subsection B, paragraph 1 of this section, the current system or plan shall credit the member with service credits under the current system or plan equal to the service credit earned under the prior system or plan corresponding to the amount determined under subsection B, paragraph 1 of this section.

D. The retirement system or plan shall not apply service credits to the applicant’s account until such time as complete payment is made to the retirement system or plan to which the applicant is transferring.  On completion of the transfer provided for in this article, the member’s rights in the retirement system or plan from which the member is transferring are extinguished.
A.R.S. § 38-730 — Arizona Code / Title 38 / Chapter 5 / Article 2 / Section 730
38-730 Charter city or ASRS retirement service credits; transfers
Status: in_force

38-730. Charter city or ASRS retirement service credits; transfers

A. On application the retirement service credits of an employee of a charter city that is not an employer under ASRS or an employee of an employer that is an employer under ASRS whose job functions are shifted by law from one employer jurisdiction to another shall be transferred to the retirement system of the new employer.

B. An employee of a charter city that is not an employer under ASRS or an employee of an employer that is an employer under ASRS who becomes employed by the other employer jurisdiction may apply to have the employee's retirement service credits transferred to the retirement system of the new employer.  The retirement service credits of an employee of a charter city that is not an employer under ASRS shall not be transferred unless the governing body of that city approves the transfer. The retirement service credits of an employee of an employer that is an employer under ASRS shall not be transferred unless the board approves the transfer.

C. The transfer shall be made pursuant to section 38-922.

D. The accumulated retirement contributions of an employee whose retirement service credits are transferred that are paid to the retirement system of the new employer shall not be withdrawn by the employee unless the employee's employment terminates.

E. The retirement system to which the employee is transferring shall not apply service credits to the employee's account until such time as complete payment is made to the retirement system to which the employee is transferring.  On completion of the transfer provided for in this section, the employee's rights in the retirement system from which the employee is transferring are extinguished.
A.R.S. § 38-422 — Arizona Code / Title 38 / Chapter 3 / Article 3 / Section 422
38-422 Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification
Status: in_force

38-422. Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification

An officer charged with the collection, receipt or disbursement of any revenue or tax of the state, or any political subdivision thereof, who upon demand knowingly fails or refuses to permit the attorney general or a county attorney to inspect his books, papers, receipts and records pertaining to his office, is guilty of a class 2 misdemeanor.
A.R.S. § 38-848.03 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 848.03
38-848.03 Appointed investment management
Status: in_force

38-848.03. Appointed investment management

A. The board may appoint investment management.  Investment management shall have:

1. The highest professional and fiduciary recommendations.

2. Not less than three years' experience at handling institutional investments of at least two hundred fifty million dollars.  This paragraph is satisfied if investment management, the individual retained by investment management or individual employees in a firm of investment managers meet this requirement.

3. Had responsibility for investment decision making as an insurance company investment fund, an investment division of a bank, a mutual fund, an investment organization or institution, a pension fund or an investment adviser who is designated as a chartered financial analyst by the chartered financial analyst institute.

B. A bank serving as investment management does not have a conflict of interest because it is also a depository in which any monies administered by the board are deposited.

C. The board shall appoint investment management for a term of one year and may appoint the investment management to succeeding terms. The board may remove investment management for not complying with this article or for failure to comply with or adhere to the board's investment goals, objectives or policies.

D. Investment management appointed by the board:

1. May purchase and sell in the name of the system and other plans that the board administers any of the securities and investments held by the system or plans.

2. Subject to any restrictions imposed by the board, is responsible for making all investment decisions relating to the investments the board has assigned investment management to manage.

E. Investment management shall not directly or indirectly:

1. Except for the fees agreed to be paid by the board to investment management or as otherwise agreed by the board, have any interest in the investments being managed by investment management for the board.

2. Borrow monies, funds or deposits of the system or other plans that the board administers or use these monies in any manner except as directed under this article.

3. Be an endorser, surety or obligor on investments made under this article.

F. Subject to the limitations in this article, the board may authorize the administrator, chief investment officer and other in-house investment professionals employed by the board to make discretionary investments for the system and other plans or trusts that the board administers that do not exceed fifty per cent of the assets of the system and other plans or trusts measured at cost.

G. To exercise the responsibilities prescribed in this article, the board may enter into contracts that may be interpreted and enforced under the laws of a jurisdiction other than this state and that are not subject to section 35-214 or 38-511 or title 41, chapter 23.
A.R.S. § 38-464 — Arizona Code / Title 38 / Chapter 3 / Article 5 / Section 464
38-464 Authorization for payment of salary; limitation
Status: in_force

38-464. Authorization for payment of salary; limitation

No salary or compensation shall be paid to deputies, assistants, clerks or employees of a state office, board or commission unless authorized in the appropriation made for that office, board or commission by the legislature, and under regulations the legislature prescribes.
A.R.S. § 38-503 — Arizona Code / Title 38 / Chapter 3 / Article 8 / Section 503
38-503 Conflict of interest; exemptions; employment prohibition
Status: in_force

38-503. Conflict of interest; exemptions; employment prohibition

A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase.

B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an officer or employee in such decision.

C. Notwithstanding the provisions of subsections A and B of this section, no public officer or employee of a public agency shall supply to such public agency any equipment, material, supplies or services, unless pursuant to an award or contract let after public competitive bidding, except that:

1. A school district governing board may purchase, as provided in sections 15-213 and 15-323, supplies, materials and equipment from a school board member.

2. Political subdivisions other than school districts may purchase through their governing bodies, without using public competitive bidding procedures, supplies, materials and equipment not exceeding three hundred dollars in cost in any single transaction, not to exceed a total of one thousand dollars annually, from a member of the governing body if the policy for such purchases is approved annually.

D. Notwithstanding subsections A and B of this section and as provided in sections 15-421 and 15-1441, the governing board of a school district or a community college district may not employ a person who is a member of the governing board or who is the spouse of a member of the governing board.
A.R.S. § 38-847.02 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 847.02
38-847.02 Voluntary local board consolidation; membership; duties
Status: in_force

38-847.02. Voluntary local board consolidation; membership; duties

A. A local board may enter into an intergovernmental agreement with other local boards to consolidate the boards for the respective employers.

B. The consolidated local board shall work with the board of trustees to ensure that the new board is duly empaneled consistent with the representation outlined in section 38-847, subsection A and that all appointments or elections for local board members are completed in a timely manner.  The consolidated local board shall submit to the board of trustees the names of the members of the consolidated local board and the consolidated local board's secretary and independent legal counsel and shall submit any changes to those positions within ten days after the change.

C. The consolidated local board shall decide eligibility for membership and disability and in the line of duty death benefits and have all of the duties and responsibilities of a local board pursuant to this article.

D. Within one hundred eighty days after appointment or election, all consolidated local board members and the local board's secretary shall complete local board training as prescribed by the board of trustees, including open meeting laws, ethics, legal review and fiduciary responsibilities and duties.  The local board's independent legal counsel shall review the model uniform rules for local board procedure that are issued by the board of trustees.

E. The local board's independent legal counsel may not be employed by or contracted with the employer or any employee organizations. The independent legal counsel may not represent a member of the plan before any local board or any judicial appeal of a local board decision.
A.R.S. § 38-843.07 — Arizona Code / Title 38 / Chapter 5 / Article 4 / Section 843.07
38-843.07 Adjustment and refund; termination of the system
Status: in_force

38-843.07. Adjustment and refund; termination of the system

A. If more than the correct amount of employer or member contributions is paid into the system by an employer through a mistake of fact, the board shall return those contributions to the employer if the employer requests return of the contributions within one year after the date of the overpayment. The board may not pay an employer earnings attributable to excess contributions but shall reduce the amount returned to an employer pursuant to this subsection by the amount of losses attributable to the excess contributions.

B. On termination or partial termination of the system, the accrued benefit of each member is, as of the date of termination or partial termination, fully vested and nonforfeitable to the extent then funded.
A.R.S. § 38-538.04 — Arizona Code / Title 38 / Chapter 3 / Article 10 / Section 538.04
38-538.04 Violation; classification
Status: in_force

38-538.04. Violation; classification

Failure to comply with this article is a class 2 misdemeanor unless another classification is specifically prescribed in this article.
A.R.S. § 38-815 — Arizona Code / Title 38 / Chapter 5 / Article 3 / Section 815
38-815 Joinder agreement
Status: in_force

38-815. Joinder agreement

A. Elected officials of an incorporated city or town may participate in the plan if the governing body of the city or town enters into a joinder agreement with the board on behalf of its elected officials and the employer unconditionally accepts the provisions of the plan and binds its elected officials thereto. All elected officials shall be designated for membership unless written consent to the contrary is obtained from the board. A member shall be qualified for participation in order to obtain written consent to the contrary from the board.

B. The effective date of participation shall be specifically stipulated in the joinder agreement.

C. Any city or town that is considering participation in the plan shall request a preliminary actuarial survey to determine the estimated cost of participation, the benefits to be derived and such other information as may be deemed appropriate. The cost of such survey shall be paid by the city or town requesting it.

D. All assets under any existing public employee defined benefit retirement program, to the extent attributable to the city's or town's elected officials, shall be transferred from the program to this fund no later than sixty days after the city's or town's effective date of participation.  That portion of the transferred assets that is attributable to the elected official's contributions, including interest credits thereon, shall be properly allocated to each affected elected official of the city or town and credited to the elected official's accumulated contributions, in accordance with a schedule furnished by the city or town to the board.
A.R.S. § 38-345 — Arizona Code / Title 38 / Chapter 2 / Article 8 / Section 345
38-345 Right of appeal; suspension from office pending appeal
Status: in_force

38-345. Right of appeal; suspension from office pending appeal

An appeal may be taken from a judgment of removal to the supreme court in the same manner as from a judgment in a civil action, but until the judgment is reversed the accused shall be suspended from office. Pending the appeal the office may be filled as vacancies in other offices are filled.