Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 7 - RETIREMENT OF EMPLOYEES OF SCHOOLS AND EDUCATIONAL INSTITUTIONS (§§ 24-7-101 — 24-7-1607) › Subchapter 7 - ARKANSAS TEACHER RETIREMENT SYSTEM - BENEFITS (§§ 24-7-701 — 24-7-738) › Section 24-7-702 - Early voluntary retirement

(a)
(1)
(A)
Except as provided under subdivision (a)(2) of this section, an active or inactive member who has a combined total of twenty-five (25) or more years of actual and reciprocal service, including purchased or free credited service, but has not attained sixty (60) years of age and is not eligible for retirement under §
24-7-701
may voluntarily retire early by filing a written application with the Arkansas Teacher Retirement System.
(B)
If a member fails to submit a complete retirement application by the end of the sixth full calendar month immediately following the effective date of benefits, including all additional documentation required by the Arkansas Teacher Retirement System, the application shall be void unless an extension is granted by the Executive Director of the Arkansas Teacher Retirement System.
(2)
(A)
A member shall meet the termination of covered employment requirements under §
24-7-502
to be eligible for retirement except if the member has attained normal retirement age.
(B)
A member who fails to meet the termination of covered employment requirements under this subsection shall have his or her retirement benefits cancelled and forfeits any retirement benefits until the termination requirements are met.
(C)
(i)
A member who fails to meet the termination requirements of this section and has received retirement benefits from the system shall repay the benefits to the system before becoming eligible again for voluntary retirement.
(ii)
The system may adjust and collect any benefits that have been overpaid to a member under §
24-7-205
.
(D)
A member who fails to meet the termination requirements of this section upon employment by a covered employer shall return to active member status under §
24-7-502
.
(b)
(1)
Upon an active or inactive member's retirement as provided in this section, the member shall receive, in lieu of any other system benefit, an early annuity that shall be a certain percent of an annuity provided for in §
24-7-705
.
(2)
(A)
The percent shall be one hundred percent (100%) reduced by between five-twelfths percent (5/12%) and fifteen-twelfths percent (15/12%) multiplied by the number of months by which the time of early retirement precedes the earlier of either completion of twenty-eight (28) years of credited service or attainment of sixty (60) years of age.
(B)
The board may set by board resolution the early annuity reduction under subdivision (b)(1) of this section at a percentage rate between five percent (5%) per year and fifteen percent (15%) per year, to be prorated monthly, if the:
(i)
System's actuary certifies to the board that the amortization period to pay the unfunded liabilities of the system exceeds eighteen (18) years; and
(ii)
Board determines that a reduction in the cost of early voluntary retirement is prudent to maintain actuarial soundness.
(3)
(A)
Effective July 1, 1997, the annuities of those members who chose early retirement when the years of service required for an unreduced annuity was thirty-five (35) or more years shall be adjusted to reflect the amount for which they would have been entitled had the number of years to retire with an unreduced annuity been thirty (30) years on the effective date of their retirement.
(B)
The annuities of those members who chose early retirement from July 1, 1995, through June 30, 1999, who received an early annuity as provided in §
24-7-702
that was in effect at the time of their retirement, shall be adjusted effective July 1, 1999, to reflect a percent of the annuity as provided in subdivision (b)(2) of this section.
(C)
Effective July 1, 2001, the annuities of those members who chose early retirement when the years of service required for an unreduced annuity was thirty (30) or more years shall be adjusted to reflect the amount for which they would have been entitled had the number of years to retire with an unreduced annuity been twenty-eight (28) years on the effective date of their retirement, and the annuities of those members shall be adjusted effective July 1, 2001, to reflect a percent of the annuity as provided in subdivision (b)(2) of this section, which was in effect July 1, 1999.
(4)
The adjustments described in subdivision (b)(3) of this section shall not be retroactive to the effective date of the member's retirement.
(c)
For an active member, the annuity shall begin the first day of the calendar month next following the latest of:
(1)
One (1) month after the date the written application is filed with the board;
(2)
The member's termination of covered employment; or
(3)
The member's completion of the required credited service.
(d)
For an inactive member, the annuity shall begin the first day of the calendar month after the date his or her written application is received by the board.
(e)
If a member has accrued a full year of service credit for a fiscal year, the annuity shall not begin earlier than on July 1 after the fiscal year ends unless the board adopts by rule or resolution an earlier beginning date for members whose retirement will not result in a reduction of classroom teachers.
(f)
(1)
A member may cancel an application for early voluntary retirement benefits up to two (2) full calendar months after the effective date of benefits.
(2)
The member shall notify the system of cancellation in writing. Upon cancellation, the member shall be eligible for active membership in the system.
Amended by Act 2023, No. 107,§ 34, eff. 7/1/2023.
Amended by Act 2023, No. 107,§ 33, eff. 7/1/2023.
Amended by Act 2021, No. 279,§ 21, eff. 7/1/2021.
Amended by Act 2021, No. 279,§ 20, eff. 7/1/2021.
Amended by Act 2021, No. 279,§ 19, eff. 7/1/2021.
Amended by Act 2019, No. 595,§ 3, eff. 7/1/2019.
Amended by Act 2017, No. 750,§ 1, eff. 3/30/2017.
Amended by Act 2017, No. 293,§ 3, eff. 2/28/2017.
Amended by Act 2013, No. 720,§ 2, eff. 7/1/2013.
Acts 1973, No. 427, § 9; 1975, No. 549, § 9; 1981, No. 365, § 6; 1983, No. 17, § 2; A.S.A. 1947, § 80-1443; Acts 1993, No. 1091, § 3; 1995, No. 282, § 2; 1997, No. 992, § 2; 1997, No. 1074, § 1; 1999, No. 1521, § 1; 2001, No. 461, § 3; 2001, No. 1300, § 1; 2005, No. 385, § 5; 2007, No. 97, § 11; 2009, No. 468, § 16; 2009, No. 743, § 3; 2011, No. 45, §§ 7, 8.