reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-703 - Plans for coverage of employees of eligible political subdivisions; payroll audits

38-703.
Plans for coverage of employees of eligible political subdivisions;  payroll audits
A. Each eligible political subdivision of this state may submit for approval by the state agency a plan for extending the benefits of title II of the social security act,  in conformity with applicable provisions of the social security act,  to employees of the eligible political subdivisions. The state agency shall approve each plan and any amendment of the plan if it finds that the plan or amendment of the plan is in conformity with requirements of the state agency,  except that a plan shall not be approved unless:
1. It is in conformity with the requirements of the social security act and with the agreement entered into under section 38-702.
2. It provides that all services that constitute employment and that are performed in the employ of the eligible political subdivision by employees of the political subdivision are covered by the plan.
3. It provides for such methods of administration of the plan by the eligible political subdivisions that the state agency finds to be necessary for the proper and efficient administration of the plan.
4. It provides that the eligible political subdivision make reports,  in the form and containing the information,  the state agency from time to time requires,  and comply with provisions the state agency or the commissioner of social security from time to time finds necessary to assure the correctness and verification of the reports.
B. The state agency shall not finally refuse to approve a plan submitted by an eligible political subdivision under subsection A of this section without reasonable notice and the opportunity for a hearing to the political subdivision affected by the refusal.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-705 - Studies and reports by state agency

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-706 - Referenda and certification

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-712 - ASRS purpose; trust fund

38-712.
ASRS purpose;  trust fund
A. The primary intent of ASRS is to:
1. Provide an incentive in the recruitment and retention of employees of the highest possible quality.
2. Contribute toward providing a total compensation package that is generally equivalent to comparable employment in other public and private organizations in this state.
3. Provide a retirement system that encourages employees to remain in service for periods of time that will provide public employers with the full benefit of the training and experience gained by the employees.
4. Provide an orderly method of promoting and maintaining a high level of service to the public through an equitable separation procedure that is available to employees at retirement or on becoming a person with a disability.
5. Provide a base retirement benefit that is less than one hundred per cent of a member's post-retirement income requirements,  recognizing that personal savings and social security also contribute toward total post-retirement income requirements.
B. ASRS is a defined benefit plan as described in section 414(j) of the internal revenue code. As provided in section 38-771,  some eligible members of ASRS are entitled to benefits under the defined contribution program administered by ASRS. With respect to the portion of ASRS that provides benefits to members entitled to benefits under the defined contribution program that are derived from employer contributions and that are based partly on the balance of the separate account of a member,  ASRS is a plan described in section 414(k) of the internal revenue code and shall comply with all applicable provisions of section 414(k) of the internal revenue code.
C. A public employee's retirement trust fund is established to afford an optimum degree of security to the members of ASRS. All monies and other assets of ASRS are a part of the trust fund. All accounts,  depositories and funds of ASRS are included within the trust fund.
D. Except as provided in section 38-738,  an employer does not have a beneficial interest in any asset of the trust fund,  and no part of the trust fund may ever revert to or be paid,  directly or indirectly,  to an employer. All liabilities with respect to members and their beneficiaries shall be satisfied before any part of the corpus or income of the trust fund is used for or diverted to purposes other than for the exclusive benefit of members or their beneficiaries.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-713 - ASRS board; qualifications; term; compensation

38-713.
ASRS board;  qualifications;  term;  compensation
A. The ASRS board is established consisting of the following nine members appointed by the governor pursuant to section 38-211:
1. Five members from among the members of ASRS to represent the members of ASRS as follows:
(a) An educator.
(b) An employee of a political subdivision.
(c) A retired member.
(d) An employee of this state.
(e) An at large member who may represent any ASRS member group.
2. Four members who are not members of ASRS to represent the public.
B. Four of the members shall have at least ten years' substantial experience as any one or a combination of the following:
1. A portfolio manager acting in a fiduciary capacity.
2. A securities analyst.
3. An employee or principal of a trust institution,  investment organization or endowment fund acting either in a management or an investment related capacity.
4. A chartered financial analyst in good standing as determined by the CFA institute.
5. A professor at the university level teaching economics or investment related subjects.
6. An economist.
7. Any other professional engaged in the field of public or private finances.
C. Each member who represents an ASRS member group shall have not less than five years of administrative management experience.
D. The following persons are not eligible for membership on the board:
1. A person who is a stockbroker or bond broker and who is actively engaged in the profession of a stockbroker or bond broker.
2. A person who holds a real estate license pursuant to title 32,  chapter 20.
E. A member may be reappointed. Vacancies occurring other than by expiration of a term shall be filled for the balance of the term in the same manner as for initial appointment. On the expiration of any term,  the governor shall appoint a successor for a full term of three years that expires on the third Monday in January of the appropriate year.
F. Board members are eligible to receive compensation for performing their duties in an amount of fifty dollars a day,  but not more than one thousand dollars in any one fiscal year,  and are eligible for reimbursement of expenses pursuant to chapter 4,  article 2 of this title.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-716 - Employers' responsibilities under the system

38-716.
Employers' responsibilities under the system
In addition to any other requirements of this article or article 2.1,  7 or 8 of this chapter,  an employer of a member shall:
1. Cooperate and collaborate with ASRS and follow all ASRS procedures to ensure the proper enrollment of members in the system.
2. Submit any reports,  data,  paperwork or materials that are requested by ASRS and that are necessary to make eligibility determinations and for the proper administration of the plan.
3. Attend the ASRS annual training conference.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-717 - Liability insurance and immunity for the board

38-717.
Liability insurance and immunity for the board
A. The department of administration shall provide coverage pursuant to title 41,  chapter 3.1,  article 1 against all liability for acts or omissions of any nature by members of the board while acting in an authorized governmental or proprietary capacity and within the course and scope of their employment or authority.
B. Notwithstanding any other law,  a member of the board is immune from civil liability and is not subject to suit directly or by way of contribution for any act or omission resulting in any damage or injury if the member was acting in good faith and within the scope of the member's official capacity,  unless the damage or injury was caused by wilful and wanton or grossly negligent conduct of the member. For the purposes of this subsection,  " official capacity"  means any decision or act taken by a member of the board to further the purpose for which the board is established.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-720 - ASRS depository

38-720.
ASRS depository
A. Exclusively for the purposes of this article,  the board shall establish an ASRS depository that is separate and apart from all other public monies or funds of this state. The ASRS depository shall be a bank in which ASRS monies are deposited and collateralized as provided by law. The ASRS depository consists of subsidiary accounts for administration,  retirement and investment. ASRS shall place all monies that come into its custody from any source in the ASRS depository.
B. Any monies not currently needed in the administration account or the retirement account may be invested to provide the maximum income.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-721 - Administration account

38-721.
Administration account
A. ASRS shall maintain an administration account consisting of all monies for administrative purposes. The following monies shall be deposited in the administration account:
1. All monies appropriated by the legislature to pay administrative expenses of ASRS.
2. All monies received for proportionate shares of administrative expenses from departments that pay the salaries of their officers and employees wholly or in part from monies received from sources other than appropriations from the state general fund.
3. All monies received for proportionate shares of administrative expenses from political subdivisions paying employer contributions.
4. Monies that the director transfers from the investment account and that are necessary for the payment of expenditures made pursuant to subsections C and D of this section.
B. Except as provided in subsection C of this section,  expenditures from the administration account shall be made in accordance with board directives,  subject to legislative appropriation.
C. Expenditures for the following are continuously appropriated and shall be paid from the administration account in the amount deemed necessary by the board:
1. Investment management fees and related consulting fees necessary to meet the board's investment objectives.
2. Rent.
3. Actuarial consulting fees.
4. Retiree payroll.
D. With the approval of the board,  the director:
1. May expend monies from the administration account for staff,  expenses and related consulting fees necessary to implement section 38-714,  subsection E,  paragraph 1 and subsection I,  paragraphs 2 and 3,  section 38-718,  subsection D,  paragraph 5 and sections 38-755 and 38-756.
2. Shall pay from the administration account the costs for administering the health insurance program for retired members pursuant to section 38-782,  the cost of continuing education programs for the board and the cost of legal counsel.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-722 - Abandoned monies; disposition

38-722.
Abandoned monies;  disposition
A. Except as otherwise provided in this section,  the trust fund established by section 38-712 is exempt from title 44,  chapter 3.
B. Monies in the ASRS trust fund and the LTD trust fund established by section 38-797.02 are presumed abandoned if the apparent owner,  as defined in section 44-301,  has not communicated in writing with ASRS and has not otherwise indicated an interest in the monies for the three year period following the required beginning date of distributions pursuant to section 38-775.
C. At the time monies are presumed abandoned pursuant to subsection B of this section,  any other property right accrued or accruing to the owner as a result of the interest in those monies,  and not previously presumed abandoned,  is also presumed abandoned.
D. Interest ceases to accrue on the monies on the date the monies are presumed abandoned.
E. Before monies are presumed abandoned,  ASRS shall attempt to contact the apparent owner in writing. If the apparent owner is a member,  beginning five years before the apparent owner's required beginning date of distributions pursuant to section 38-775 and for three years after that date,  ASRS shall annually send a notice to the apparent owner notifying the apparent owner of the owner's eligibility for a retirement benefit. If the apparent owner is a beneficiary,  beginning in the calendar year containing the fifth anniversary of the member s death and for three years,  ASRS shall annually send a notice to the apparent owner notifying the apparent owner of the owner s eligibility for a survivor benefit. If this notice is returned by the postal authority as undeliverable,  ASRS shall make a good faith attempt to locate the apparent owner,  including contacting any known beneficiary on record with ASRS,  searching public databases to identify the address of the apparent owner or using the services of a third-party address verification service. If the good faith attempt to locate the apparent owner fails and the base amount of the unclaimed monies is three hundred dollars or more,  ASRS may use the services of a people search service. A fee imposed by the people search service shall not be deducted from the member's benefit and these expenditures are continuously appropriated and shall be paid from the administration account established pursuant to section 38-721 in the amount deemed necessary by the board.
F. If at any time an owner,  as defined in section 44-301,  establishes an entitlement in the monies,  ASRS shall withdraw the monies from either the ASRS trust fund or the LTD trust fund,  whichever is applicable,  and pay the owner the monies or benefit to which the owner is entitled pursuant to this article or article 2.1 of this chapter,  including interest at a rate determined by ASRS,  if applicable.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-723 - Recovery of collection costs; levy and distraint; definitions

38-723.
Recovery of collection costs;  levy and distraint;  definitions
A. A debtor who fails to pay any monies owed to ASRS is liable for all costs and expenses incurred by ASRS to collect the monies owed. ASRS may collect these expenses and costs at the time of collecting the monies owed to ASRS.
B. If a debtor neglects or refuses to pay a debt owed to ASRS after ASRS has made at least two separate attempts to collect the debt and not fewer than thirty days after ASRS determines a debt is owed,  ASRS may collect the debt and such other sums as are sufficient to cover the expenses of the levy,  by levy on:
1. Cash and cash equivalent property at financial institutions.
2. The accrued salary or wages of the debtor,  by serving notice of levy on the chief disbursing officer of the debtor's employer.
C. The financial institution or the chief disbursing officer of the debtor's employer shall notify the debtor of the levy within five business days of the levy. The debtor may appeal the levy to ASRS.
D. The effect of a levy on salary or wages payable to or received by a debtor is continuous from the date the levy is first made until the liability out of which the levy arose is satisfied or becomes unenforceable. ASRS shall promptly release the levy when the liability out of which the levy arose is satisfied or becomes unenforceable and shall promptly notify the debtor on whom the levy was made that the levy has been released.
E. If a levy has been made or is about to be made,  any person having custody or control of any books or records containing evidence or statements relating to the property subject to levy,  on request from ASRS,  shall exhibit the books or records to ASRS.
F. Except as otherwise provided in subsection D of this section,  a levy extends only to property possessed and obligations existing at the time of the levy or within thirty days after the date of the levy. In any case in which ASRS may levy on property,  ASRS may seize the cash property and may seize and convert cash equivalent property to cash.
G. For the purposes of this section:
1. " Financial institutions"  means state and federally chartered banks,  trust companies,  federal and state savings and loan associations,  federal and state credit unions,  consumer lenders,  international banking facilities and financial institution holding companies,  insurance companies,  benefit associations,  safe deposit companies,  money market mutual funds and similar institutions authorized to do business in this state and any party affiliated with these financial institutions.
2. " Levy"  includes the power of distraint and seizure by any means.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-724 - Surrender of property subject to levy; authority to release levy and return property; definitions

38-724.
Surrender of property subject to levy;  authority to release levy and return property;  definitions
A. Any person in possession of,  or obligated with respect to,  property subject to levy on which a levy has been made,  on request of ASRS,  shall surrender the property or discharge the obligation to ASRS,  except the part of the property that is,  at the time of the request,  subject to an attachment or execution under any judicial process.
B. A person who fails or refuses to surrender any property subject to levy,  on request by ASRS,  is liable in person and estate to this state in a sum equal to the value of the property not so surrendered,  but not exceeding the amount of debt for the collection of which the levy has been made,  with costs and interest on the sum at the interest rate determined by the board from the date of the levy or,  in the case of a levy described in section 38-723,  subsection E,  from the date the person would otherwise have been obligated to pay the amounts to the debtor. Any amount,  other than costs,  recovered under this subsection shall be credited against the debt for the collection of which the levy was made.
C. A person in possession of or obligated with respect to property subject to levy on which a levy has been made who,  on request by ASRS,  surrenders the property or discharges the obligation to ASRS is discharged from any obligation or liability to the debtor with respect to the property arising from the surrender or payment.
D. ASRS may release a levy on all or part of property levied on. The release shall not operate to prevent any subsequent levy.
E. If ASRS determines that property has been wrongfully levied on,  ASRS shall return the specific property levied on or an amount of money equal to the value of the property levied on.
F. For the purposes of this section:
1. " Levy"  includes the power of distraint and seizure by any means.
2. " Person"  includes an officer or employee of a corporation,  an officer,  employee or elected official of this state or its political subdivisions,  or any agency or instrumentality of this state or its political subdivisions,  or a member or employee of a partnership,  who as such officer,  employee,  elected official or member is under a duty to surrender the property or rights to property or to discharge the obligation.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-725 - Financial institutions data match; prohibited disclosure; fee; definition

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-730 - Charter city or ASRS retirement service credits; transfers

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-735 - Payment of contributions; recovery of delinquent payments

38-735.
Payment of contributions;  recovery of delinquent payments
A. All amounts deducted from a member's compensation as provided in section 38-736 and employer contributions required pursuant to section 38-737 shall be paid to ASRS for deposit in the ASRS depository.
B. Each employer shall certify on each payroll the amount to be contributed and shall remit that amount to ASRS.
C. Payments made by employers pursuant to this article or article 2.1,  7 or 8 of this chapter become delinquent after the due date prescribed in the board's rules and thereafter shall be increased by interest from and after that date until payment is received by ASRS. ASRS shall charge interest on the delinquent payments at an annual rate equal to the interest rate assumption approved by the board from time to time for actuarial equivalency. Delinquent payments due under this article or article 2.1,  7 or 8 of this chapter,  together with interest charges as provided in this subsection,  may be recovered by action in a court of competent jurisdiction against an employer that is liable for payments or,  at the request of the director,  may be deducted from any other monies,  including excise revenue taxes,  payable to the employer by any department or agency of this state. The employer shall record delinquent payments that are recovered or deducted from other monies pursuant to this subsection pursuant to applicable accounting and financial reporting standards.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-736 - Member contributions

38-736.
Member contributions
A. Member contributions are required as a condition of employment and shall be made by payroll deductions. Member contributions shall begin simultaneously with membership in ASRS. Beginning July 1,  2011,  member contributions are a percentage of a member's compensation equal to the employer contribution required pursuant to section 38-737. Amounts so deducted by employers shall be deposited in the ASRS depository.
B. The employer shall pay the member contributions required of members on account of compensation earned. The paid contributions shall be treated as employer contributions for the purpose of determining tax treatment under the internal revenue code. The effective date of the employer payment shall not be before the date ASRS has received notification from the United States internal revenue service that pursuant to section 414(h) of the internal revenue code the member contributions paid will not be included in gross income for income tax purposes until the paid contributions are distributed by refund or retirement benefit payments. The employer shall pay the member contributions from monies that are established and available in the retirement deduction account and that would otherwise have been designated as member contributions and paid to ASRS. Member contributions paid pursuant to this subsection shall be treated for all other purposes,  in the same manner and to the same extent,  as member contributions made before the approval of the United States internal revenue service pursuant to this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-739 - Credited service

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-739.01 - Credited service retention

38-739.01.
Credited service retention
Consistent with the compliance statement issued by the United States internal revenue service,  an employee who is employed with an ASRS employer in a position that was exempt from ASRS membership because the position was not included in agreements providing for the employee's coverage under the federal old-age and survivors insurance system but on whose behalf the employer has remitted ASRS contributions shall retain credited service for the period of employment for which the employer remitted ASRS contributions on the employee's behalf.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-740 - Return of contributions

38-740.
Return of contributions
A. A member whose membership commenced before July 1,  2011 and who leaves employment other than by retirement or death may elect to receive a return of the contributions as follows:
1. If the member has less than five years of credited service,  ASRS shall disburse all of the member's contributions.
2. If a member has five or more years of credited service,  ASRS shall disburse the member's contributions and an amount equal to a percentage of the employer contributions paid on behalf of the member. This amount excludes payments made by an employer pursuant to section 38-738,  subsection B,  paragraph 3,  unless the member has made the payment required by section 38-738,  subsection B,  paragraph 1. The percentage of employer contributions paid on behalf of the member shall be as follows:
(a) 5.0 to 5.9 years of credited service,  twenty-five percent.
(b) 6.0 to 6.9 years of credited service,  forty percent.
(c) 7.0 to 7.9 years of credited service,  fifty-five percent.
(d) 8.0 to 8.9 years of credited service,  seventy percent.
(e) 9.0 to 9.9 years of credited service,  eighty-five percent.
(f) 10.0 or more years of credited service,  one hundred percent.
3. Interest on the returned contributions as determined by the board.
B. A member whose membership commenced on or after July 1,  2011 and who leaves employment other than by retirement or death may elect to receive a return of all of the member's contributions with interest as determined by the board.
C. Notwithstanding subsection B of this section,  if a member has five or more years of credited service and the member is terminated solely because of an employer reduction in force by reason of a lack of monies or elimination of the member's position,  the member is entitled to receive the amounts prescribed in subsection A of this section.
D. Withdrawal of contributions with interest constitutes a withdrawal from membership in ASRS and results in a forfeiture of all other benefits under ASRS.
E. If ASRS has disbursed an overpayment pursuant to section 38-765 or 38-797.08,  ASRS shall withhold the overpayment amount plus any required income tax withholding from the return of contributions.
F. Notwithstanding any other provision of this article,  a member who has not received a return of contributions pursuant to this section may combine any two or more periods of service for purposes of determining the member's benefits.
G. If ASRS disburses more than the amount due to a member or an alternate payee pursuant to this section,  the person who received the overpayment shall repay the amount of the overpayment together with interest at the interest rate earned on ASRS investments as reported on a quarterly basis,  but not less than the valuation rate established by the board,  from the time of overpayment to the settlement of the debt.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-741 - Reemployment of inactive member

38-741.
Reemployment of inactive member
A. ASRS shall return to active status an inactive member who terminates employment with an employer without terminating membership in ASRS and who later is reemployed by the same or another employer.
B. On retirement,  ASRS shall disburse benefits derived from service for all employers that employed the member.
C. Retirement benefits attributable to service before membership in ASRS,  if any,  shall be paid only by the employer from which the retiring member obtained entitlement to the benefits as provided in section 38-729.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-742 - Reinstatement

38-742.
Reinstatement
A. If an active member who received a return of contributions on termination of employment and by receipt of those contributions forfeited credited service earned on that employment,  as provided in section 38-740,  subsection A or B,  is subsequently reemployed by an employer,  the member's service shall be credited only from the date the member's most recent reemployment period commenced.
B. Notwithstanding subsection A of this section,  the member may redeposit the amount of the contributions the ASRS paid at the time of the member's separation from service,  with interest on that amount to the date of redeposit at the interest rate assumption approved by the board for actuarial equivalency. On satisfaction of this obligation,  the member's service credits acquired by the previous employment shall be reinstated. The member is subject to the benefits and duties in effect at the time of the member's most recent reemployment except as provided in section 38-711,  paragraph 5,  subdivision (a). If a member redeposits less than the amount required under this subsection,  ASRS shall proportionately reduce the member's reinstated service credits.
C. A member who is receiving benefits pursuant to section 38-797.07 and who received a return of contributions on termination of employment and by receipt of those contributions forfeited credited service earned on that employment,  as provided in section 38-740,  subsection A or B,  may redeposit the amount of the contributions the ASRS paid at the time of the member's previous separation from service,  with interest on that amount to the date of redeposit at the interest rate assumption approved by the board for actuarial equivalency. On redeposit of the contributions and interest,  the member's service credits acquired by the previous employment shall be reinstated. The member is subject to the benefits and duties in effect at the time of the member's most recent reemployment except as provided in section 38-711,  paragraph 5,  subdivision (a). If a member redeposits less than the amount required under this subsection,  ASRS shall proportionately reduce the member's reinstated service credits.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-743 - Public service credit

38-743.
Public service credit
A. If an active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 was previously employed by the United States government,  a state,  territory,  commonwealth,  overseas possession or insular area of the United States or a political subdivision of a state,  territory,  commonwealth,  overseas possession or insular area of the United States,  excluding any time worked for a prison while the member was incarcerated,  the member may receive credited service for this prior employment if the member pays into ASRS the amount prescribed in subsection B of this section. For a member whose membership date is on or after July 20,  2011,  the member may receive not more than sixty months of credited service.
B. A member who elects to receive credit for service with the United States government,  a state,  territory,  commonwealth,  overseas possession or insular area of the United States or a political subdivision of a state,  territory,  commonwealth,  overseas possession or insular area of the United States shall pay to ASRS an amount equal to the present value of the additional benefit that is derived from the purchased credited service using the actuarial assumptions that are approved by the board.
C. A member who previously was a member of another public employee retirement system and who receives or is eligible to receive retirement benefits from that system for any period of employment is ineligible to receive retirement benefits from ASRS for the same period.
D. If a member's membership date is on or after July 1,  2010,  the member shall have at least five years of credited service in ASRS before electing to receive credit for service pursuant to this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-744 - Leave of absence; credit for leave without pay

38-744.
Leave of absence;  credit for leave without pay
A. A member may elect to be credited with service for retirement purposes for an officially granted leave of absence from employment without pay if all of the following apply:
1. At the time the absence was granted the member was an active member of ASRS or a member who was receiving benefits pursuant to section 38-797.07.
2. At the time the credit is requested the member is an active member of ASRS,  receiving benefits pursuant to section 38-797.07 or a former active member of ASRS who has not withdrawn contributions from ASRS pursuant to section 38-740 and who was unable to resume employment because a position is not available.
3. The member returns to employment with the same employer,  unless employment could not be resumed because of disability or a position was not available.
4. The member elects not more than one year of the leave and,  for a member whose membership date is on or after July 20,  2011,  not more than sixty months of credited service pursuant to this section.
5. The member pays the amount provided in subsection B of this section.
6. The member's employer has certified that the leave of absence benefits or is in the best interests of the employer.
B. A member who elects to be credited with a leave period as provided in subsection A of this section shall pay to ASRS an amount equal to the present value of the additional benefit that is derived from the purchased credited service using the actuarial assumptions that are approved by the board.
C. A member who previously was a member of another public employee retirement system and who receives or is eligible to receive a retirement benefit from that system for any period of employment is ineligible to receive retirement benefits from ASRS for the same period.
D. If a member's membership date is on or after July 1,  2010,  the member shall have at least five years of credited service in ASRS before electing to receive credit for service pursuant to this section.
E. For the purposes of subsection A of this section,  each employer shall adopt rules establishing guidelines for a leave of absence that benefits or is in the best interests of the employer.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-746 - Compensation limitation; adjustments

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.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-749 - Employer termination incentive program; employer payment of actuarial cost; definition

38-749.
Employer termination incentive program;  employer payment of actuarial cost;  definition
A. If a termination incentive program that is offered by an employer results in an actuarial unfunded liability to ASRS,  the employer shall pay to ASRS the amount of the unfunded liability. ASRS shall determine the amount of the unfunded liability in consultation with its actuary.
B. An employer shall notify ASRS if the employer plans to implement a termination incentive program that may affect ASRS funding.
C. If ASRS determines that an employer has implemented a termination incentive program that results in an actuarial unfunded liability to ASRS,  ASRS shall assess the cost of the unfunded liability to that employer. If the employer does not remit full payment of all monies due within ninety days after being notified by ASRS of the amount due,  the unpaid amount accrues interest until the amount is paid in full. The interest rate is the interest rate assumption that is approved by the board for actuarial equivalency for the period in question to the date payment is received.
D. For the purposes of this section,  " termination incentive program" :
1. Means a total increase in compensation of thirty per cent or more that is given to a member in any one or more years before termination that are used to calculate the member's average monthly compensation if that increase in compensation is used to calculate the member's retirement benefit and that increase in compensation is not attributed to a promotion.
2. Means anything of value,  including any monies,  credited service or points that the employer provides to or on behalf of a member that is conditioned on the member's termination except for payments to an employee for accrued vacation,  sick leave or compensatory time unless the payment is enhanced beyond the employer's customary payment.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-755 - Member's account information; beneficiary designation; spousal consent; confidentiality

38-755.
Member's account information;  beneficiary designation;  spousal consent;  confidentiality
A. ASRS shall make information concerning a member's account accessible to the member in written or electronic form. This information shall include the member's current account balance,  contact information,  beneficiary election,  estimated retirement date and estimated benefit amount.
B. The member may change the member's beneficiary at any time in a manner established by ASRS.
C. A member who is married shall name and maintain the member's current spouse as a beneficiary to receive at least fifty percent of the member's account,  unless naming or maintaining the current spouse as a beneficiary violates another law,  an existing contract or a court order. The member's current spouse may consent to a waiver of this requirement pursuant to section 38-776.
D. In order to protect a member's identity from fraud,  abuse,  theft or civil or criminal activity,  information about a member is not subject to inspection pursuant to title 39,  chapter 1,  article 2,  except that the following information about a member is subject to inspection:
1. The member's name.
2. Whether the member is an active member as defined in section 38-711,  an inactive member as defined in section 38-711 or a retired member as defined in section 38-711.
3. The member's current or most recent employer.
4. For a retired member,  the average monthly compensation,  as defined in section 38-711,  used to calculate the member's retirement benefit.
5. The credited service as defined in section 38-711 on account for an active or inactive member or the credited service used to calculate the retirement benefit for a retired member.
6. The gross pension amount actually paid to a retired member.
7. The most recent retirement date.
8. The current account balance for an active or inactive member.
9. The gross long-term disability program benefit actually paid to a member with a disability pursuant to article 2.1 of this chapter.
10. The amount paid to purchase credited service pursuant to section 38-743,  38-744 or 38-745.
11. The amount of credited service purchased pursuant to section 38-743,  38-744 or 38-745.
E. ASRS shall not permit any unredacted record to be inspected that contains a member's social security number,  bank account information,  address,  telephone number,  e-mail address,  medical records,  health insurance information,  beneficiary or survivor information or disability information or any information that is protected by any federal or state law.