reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-129 - Increase in monthly retirement benefit - Acts 1997, No. 349

(a)
Effective July 1, 1997, the monthly retirement benefit payable to the retirees and beneficiaries of the Arkansas State Highway Employees' Retirement System who are entitled to receive an annuity for July 1997 shall be increased by two and two-tenths percent (2.2%) above the annuity such retiree or beneficiary received for June 1997.
(b)
The increase in benefits as provided in this section shall be added to the annuity for the purpose of computing the annual postretirement increase as provided in §
24-5-119(a)
for the benefit redetermination July 1, 1997.
Acts 1997, No. 349.Acts 1997, No. 349, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-130 - Increase in monthly retirement benefit - Acts 1997, No. 386

(a)
Effective July 1, 1997, the monthly retirement benefit payable to the retirees and beneficiaries of the Arkansas State Highway Employees' Retirement System who are entitled to receive an annuity for July 1997 shall be increased by two percent (2%) above the annuity such retiree or beneficiary received for June 1997.
(b)
The increase in benefits as provided in this section shall be added to the annuity for the purpose of computing the annual postretirement increase as provided in §
24-5-119(a)
for the benefit redetermination July 1, 1997.
Acts 1997, No. 386.Acts 1997, No. 386, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-131 - Limitation on benefit enhancement of Acts 1997, No. 1089

No benefit enhancement provided for by §
24-5-116
shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization. No benefit enhancement provided for by §
24-5-116
shall be implemented by any publicly supported system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by §
24-1-101
et seq.
Acts 1997, No. 1089, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-132 - Limitation on benefit enhancement of Acts 1997, No. 1067

No benefit enhancement provided for by §
24-5-118
shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization. No benefit enhancement provided for by §
24-5-118
shall be implemented by any publicly supported system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by §
24-1-101
et seq.
Acts 1997, No. 1067, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-133 - Early participation

The Board of Trustees of the Arkansas State Highway Employees' Retirement System shall present to the Joint Committee on Public Retirement and Social Security Programs information concerning the statutory authority and actuarial appropriateness of proposed board actions to establish or revise any benefit or a provision of a deferred retirement option plan.
Acts 1999, No. 1325, § 7.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-134 - Death benefit enhancement

(a)
(1)
Beginning on March 1, 2001, the Arkansas State Highway Employees' Retirement System shall pay an amount not to exceed seven thousand five hundred dollars ($7,500) to the named beneficiary of the retiree or a member in the Arkansas State Highway Employees' Deferred Retirement Option Plan immediately following the retiree's death.
(2)
If there is more than one (1) named beneficiary, the amount shall be divided equally between the named beneficiaries.
(3)
If there are no designated persons surviving the retiree or plan member, the lump sum shall be paid to the estate.
(b)
If a retiree or a plan member is entitled to a similar benefit from a reciprocal system, then the Arkansas State Highway Employees' Retirement System shall pay a prorated share based on the number of years in the Arkansas State Highway Employees' Retirement System divided by the total public service time.
Acts 2001, No. 482, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-135 - Annuity benefit enhancement

(a)
Beginning July 1, 2001, the monthly retirement benefit payable to the retirees and beneficiaries of the Arkansas State Highway Employees' Retirement System who are entitled to receive an annuity for July 2001 shall be increased by four and eight-tenths percent (4.8%) above the annuity the retiree or beneficiary received for June 2001.
(b)
The increase in benefits as provided in this section shall be added to the annuity for the purpose of computing the annual postretirement increase as provided in §
24-5-119(a)
for the benefit redetermination July 1, 2001.
Acts 2001, No. 539, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-136 - Operation of system as qualified trust

(a)
The Executive Secretary of the Board of Trustees of the Arkansas State Highway Employees' Retirement System shall operate the Arkansas State Highway Employees' Retirement System and interpret any provisions of this chapter consistent with the requirements under the Internal Revenue Code,
26 U.S.C. § 1
et seq., as it existed on January 1, 2007, and applicable United States Treasury regulations as they existed on January 1, 2007, to permit the system to be operated as a qualified trust under
26 U.S.C. § 401(a)
of the Internal Revenue Code, as it existed on January 1, 2007.
(b)
Notwithstanding any language to the contrary under this chapter, the Board of Trustees of the Arkansas State Highway Employees' Retirement System may promulgate rules consistent with subsection (a) of this section.
(c)
Any rule promulgated under this section that is found to be in conflict with an applicable provision of Arkansas law is void.
Acts 2007, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-5-101 — 24-5-137) › Section 24-5-137 - Compliance with Internal Revenue Code section 415

(a)
Notwithstanding any other provision of this chapter, benefits paid under this chapter shall not exceed the limitations of the Internal Revenue Code, 26 U.S. Code § 415, as it existed on January 1, 2011, that are applicable to governmental plans.
(b)
The Board of Trustees of the Arkansas State Highway Employees' Retirement System may promulgate rules to implement the limitations of the Internal Revenue Code, 26 U.S. Code § 415, as it existed on January 1, 2011, including, to the extent necessary, the payment of any benefit limited by the Internal Revenue Code, 26 U.S. Code § 415, as it existed on January 1, 2011, under an arrangement described in the Internal Revenue Code, 26 U.S. Code § 415(m), as it existed on January 1, 2011.
Acts 2011, No. 16, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 2 - DEFERRED RETIREMENT OPTION PLAN (§§ 24-5-201 — 24-5-204) › Section 24-5-201 - Establishment

(a)
The Board of Trustees of the Arkansas State Highway Employees' Retirement System may establish a deferred retirement option plan for its members so that, in lieu of terminating employment, they might continue with employment and accept a service retirement benefit pursuant to §
24-5-101
et seq. The board shall be authorized to promulgate rules for a plan to provide this deferred retirement option to its members as is appropriate to maintain a goal of zero (0) cost to the system.
(b)
The board shall be authorized to promulgate rules for a plan to provide this deferred retirement option to its members as is appropriate to maintain a goal of zero (0) cost to the system.
Amended by Act 2019, No. 315,§ 2868, eff. 7/24/2019.
Acts 1997, No. 1073, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 2 - DEFERRED RETIREMENT OPTION PLAN (§§ 24-5-201 — 24-5-204) › Section 24-5-203 - Limitation on benefit enhancement

(a)
No benefit enhancement provided by §§
24-5-201
and
24-5-202
shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization.
(b)
No benefit enhancement provided by §§
24-5-201
and
24-5-202
shall be implemented by any publicly supported retirement system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by §
24-1-101
et seq.
Acts 1997, No. 1073, § 3.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 5 - ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT (§§ 24-5-101 — 24-5-204) › Subchapter 2 - DEFERRED RETIREMENT OPTION PLAN (§§ 24-5-201 — 24-5-204) › Section 24-5-204 - Rules - Applicability

(a)
The Board of Trustees of the Arkansas State Highway Employees' Retirement System, in consultation with its actuary, may promulgate rules to lower the required years of service for entry into the Arkansas State Highway Employees' Deferred Retirement Option Plan authorized by this subchapter, subject to any early participation reduction. The reduction will be computed in a manner that is both equitable and actuarially appropriate for the system.
(b)
This section shall apply only to entry into the plan by a person who has twenty-eight (28) or twenty-nine (29) years of creditable service and whose eligibility for retirement is based on rules adopted pursuant to §
24-5-112(c)
.
Amended by Act 2019, No. 315,§ 2869, eff. 7/24/2019.
Acts 1999, No. 1325, § 6.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-104) › Section 24-6-101 - System for payment of disability and retirement benefits and medical fees - Rules - Fund

(a)
(1)
The Arkansas State Police Commission is authorized and empowered to create and administer a system of paying disability, pension, and retirement pay funds to members of the Division of Arkansas State Police and their dependents and survivors.
(2)
The commission shall have the authority and power, whenever it deems best, to pay medical expenses, including hospitalization fees and charges, of state police injured while in the performance of their official duties.
(3)
(A)
The commission shall have the authority and power to purchase and maintain in force group life, accident, and disability insurance upon the lives and members of the division upon such terms and conditions as it may deem necessary and proper.
(B)
However, the purchasing and maintaining of such insurance shall be discretionary, and not mandatory, on the part of the commission.
(b)
The commission is authorized and empowered to:
(1)
Promulgate and enforce all rules necessary to create and administer a system of paying medical and hospitalization fees, disability benefits, pensions, and retirement pay to members of the division;
(2)
Establish and prescribe the eligibility of members of the police force and their dependents and survivors in and to the benefits of the funds; and
(3)
Do any and all things necessary to carry out the provisions of this act.
(c)
(1)
There is created and established the State Police Retirement Fund, to which shall be credited any and all appropriations made by the General Assembly for the purposes outlined in this section.
(2)
Any unexpended balance of the appropriation made for the first fiscal year of any biennial period may be used for a like purpose during the second fiscal year.
(3)
Vouchers drawn upon and payable from the funds shall be drawn and paid in the manner provided by law for payment of obligations of the division.
Amended by Act 2019, No. 315,§ 2870, eff. 7/24/2019.
Acts 1945, No. 231, §§ 22-24; A.S.A. 1947, §§ 42-422 -- 42-424.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-104) › Section 24-6-103 - No waiver of sovereign immunity

Nothing in this chapter shall be taken or interpreted as a waiver of the state's sovereign immunity.
Acts 2011, No. 38, § 10.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-104) › Section 24-6-104 - Credit for service in National Guard and armed forces reserve - Definition

(a)
As used in this section, "armed forces reserve" means one (1) of the reserve components of the United States Armed Forces.
(b)
(1)
A member of the State Police Retirement System may purchase credited service in the system for a period not to exceed five (5) years for compensated service rendered by the member in the National Guard or in the armed forces reserve if the member:
(A)
Makes an application to the Board of Trustees of the State Police Retirement System;
(B)
Provides the board with satisfactory proof of that person's service in the National Guard or in the armed forces reserve; and
(C)
Pays to the member's deposit account an amount equal to the actuarial present value of the credited service applied for under this section based upon assumptions recommended by the system's actuary.
(2)
The payment shall be credited to the member's deposit account and is in addition to any regular member contributions.
(c)
A member shall receive one (1) year of purchased service credit for every one (1) year of compensated service in the National Guard or in the armed forces reserve.
(d)
The service in the National Guard or in the armed forces reserve shall not become credited service under this system until the member:
(1)
Pays for the year of service in the National Guard or in the armed forces reserve prior to retirement; and
(2)
Has established five (5) or more years of actual service in the system.
(e)
If a member ceases to be an active member before the service in the National Guard or in the armed forces reserve has been established as system-credited service, the member payments contributed under this section are refundable, together with regular interest.
(f)
(1)
This section is supplemental to §§
24-2-502
and
24-6-210
, and this section does not diminish the right of any member of the system to obtain credited service in the system for active duty military service within the limits permitted by §§
24-2-502
and
24-6-210
.
(2)
However, a member is not entitled to receive more than five (5) years of credited service rendered by the member under this section.
(3)
A member is not eligible to purchase service credit in more than one (1) retirement system, whether federally or state-supported, for service in the National Guard or in the armed forces reserve.
(4)
Service credit in the system for active duty military service under §§
24-2-502
and
24-6-210
and for service in the National Guard or in the armed forces reserve shall not be given for the same period of time.
(5)
A member's service in the National Guard or in the armed forces reserve shall not make the member eligible for any kind of benefit under any other state-supported retirement system except Social Security.
Acts 2011, No. 562, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-202 - Penalty

(a)
Any person who knowingly makes any false statements or who falsifies or permits to be falsified any records of the State Police Retirement System or the Division of Arkansas State Police in an attempt to defraud the system as the result of that act shall be guilty of a misdemeanor.
(b)
Upon conviction by a court, that person shall be guilty of a Class A misdemeanor.
Acts 1951, No. 311, § 8; 1959, No. 484, § 8; A.S.A. 1947, § 42-458; Acts 2005, No. 1994, § 364.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-203 - Creation

The State Police Retirement System is created and established in conformance with this subchapter.
Acts 1951, No. 311, § 1; 1959, No. 484, § 1; A.S.A. 1947, § 42-451.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-205 - Correction of errors

(a)
Should any change or error in the records of the State Police Retirement System or the Division of Arkansas State Police result in any person's receiving from the system more or less than he or she would have been entitled to receive had the records been correct, the Board of Trustees of the State Police Retirement System shall correct the error and, as far as is practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the person was correctly entitled shall be paid.
(b)
The board shall have the right to recover any overpayment any person may have received from funds of the system.
Acts 1951, No. 311, § 8; 1959, No. 484, § 8; A.S.A. 1947, § 42-458.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-207 - Membership

(a)
The Director of the Division of Arkansas State Police and all other state police officers shall become members of the State Police Retirement System.
(b)
All persons who became, or become, state police officers after March 19, 1951, shall become members of the system.
(c)
None of the other employees of the Division of Arkansas State Police shall be eligible to membership in the system, and the conferring of rank upon any such employee shall not, in itself, constitute eligibility to membership in the system.
(d)
Any state police officer, upon appointment as Secretary of the Department of Public Safety, shall be eligible to continue his or her membership in the State Police Retirement System.
Amended by Act 2019, No. 910,§ 6032, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6031, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6030, eff. 7/1/2019.
Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1959, No. 484, § 5; A.S.A. 1947, § 42-455.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-208 - Members' contributions

(a)
(1)
(A)
The contributions of a contributory member to the State Police Retirement System covered by the contributory provisions shall be nine and one-fourth percent (9.25%) of the member's salary.
(B)
However, no member may be required to pay more than nine and one-fourth percent (9.25%) of the salary of the highest permanent rank in the Division of Arkansas State Police.
(2)
The officers responsible for making up the payroll shall cause the contributions provided for in this section to be deducted from the salaries of each member on each and every payroll, for each and every payroll period, from the date of his or her entrance into the system to the date his or her membership terminates.
(3)
When deducted, each of the amounts shall be paid into the State Police Retirement Fund and shall be credited to each member's individual account in the members' deposit account.
(4)
The contributions provided for in this section shall be made notwithstanding that the minimum salary provided by law for any member shall be thereby changed.
(5)
Each member shall be deemed to consent and agree to the deductions made and provided for in this section.
(6)
Payment of his or her salary less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered to the division by the member, except as to benefits provided by this subchapter.
(b)
It is expressly guaranteed that all members' contributions shall be held in trust for the exclusive benefit of the individual members and that no part of the funds shall be used for any other purpose.
Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, §§ 2, 3; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 2001, No. 151, § 55.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-209 - Employer's contribution

(a)
The Division of Arkansas State Police, as employer, shall make contributions to the State Police Retirement System of twenty-six percent (26%) of active member payroll.
(b)
(1)
At the request of the Executive Secretary of the State Police Retirement System, the Secretary of the Department of Finance and Administration shall make annual transfers on each June 30 to the system from the remainder of insurance premium taxes enumerated in §
19-6-301(27)
before those taxes are transferred to general revenues enumerated in §
19-6-201(19)
the amounts of money necessary to amortize the unfunded liabilities over a period not to exceed thirty (30) years.
(2)
These transfers are intended to cover the unfunded accrued actuarial liabilities of the system and shall not be used for the purpose of providing any benefit enhancements for the system.
(3)
Members of the system shall not be entitled to any benefit enhancements from these transfers unless funds from sources other than insurance premium taxes are found to provide for the retirement benefit enhancements.
(4)
The amount of the transfer shall be determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section and the driver's license reinstatement fees provided by §
27-16-808
.
(5)
These transfers shall be limited in use solely for the purpose of paying the unfunded accrued actuarial liabilities.
(6)
If the transfers under this section exceed eight hundred thousand dollars ($800,000) per fiscal year, the executive secretary shall notify the Joint Interim Committee on Public Retirement and Social Security Programs, which shall then review the use of the funds and the benefit provisions of the system and the actuarial reports on the system to ensure compliance with the intended purpose of the funds.
Amended by Act 2021, No. 415,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 3556, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3555, eff. 7/1/2019.
Acts 1951, No. 311, § 3; 1959, No. 484, § 3; 1969, No. 646, § 1; 1973, No. 441, § 2; 1974 (Ex. Sess.), No. 93, § 8; 1977, No. 460, § 3; A.S.A. 1947, §§ 42-453, 42-453.1; Acts 1997, No. 1071, § 3; 2001, No. 151, § 56; 2005, No. 1023, § 1; 2007, No. 404, § 2; 2009, No. 654, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-211 - Eligibility for benefits - Mandatory retirement

(a)
A member shall be separated from Division of Arkansas State Police employment the first day of the calendar month next following the month in which he or she attains sixty-five (65) years of age.
(b)
If, upon his or her separation from division employment, the member has five (5) or more years of actual service, he or she shall receive a pension provided for in §
24-6-214
.
Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1971, No. 309, § 2; A.S.A. 1947, § 42-455; Acts 1997, No. 1053, § 18.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-212 - Eligibility for benefits - Voluntary retirement for contributory members

(a)
(1)
Any contributory member who has acquired twenty (20) or more years of credited service or any contributory member who has attained fifty (50) years of age and has acquired five (5) or more years of actual service may voluntarily retire upon written application filed with the Board of Trustees of the State Police Retirement System.
(2)
This application shall set forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires to be retired.
(b)
Upon his or her retirement, he or she shall receive a pension provided for in §
24-6-214
.
Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1959, No. 484, § 5; 1971, No. 309, § 1; A.S.A. 1947, § 42-455; Acts 1997, No. 1053, § 19; 2001, No. 151, § 58.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-214 - Benefits generally - Contributory member

(a)
Upon his or her retirement as provided in this subchapter, a member shall receive a straight life pension equal to the following sum: Two and nine hundred forty-nine thousandths percent (2.949%) of his or her final average compensation multiplied by the number of years, and any fraction of a year, of his or her credited service not to exceed twenty (20) years, plus the sum of two and three hundred fifty-nine thousandths percent (2.359%) of his or her final average compensation multiplied by the number of years, and any fraction of a year, of his or her credited service in excess of twenty (20) years but not in excess of twenty-five (25) years, plus one and eighteen-hundredths percent (1.18%) of his or her final average compensation multiplied by the number of years, and any fraction of a year, of his or her credited service in excess of twenty-five (25) years but not in excess of thirty (30) years.
(b)
(1)
In the event a member who has acquired twenty (20) years or more of credited service retires prior to attainment of fifty (50) years of age, as provided in this subchapter, his or her pension, as provided for in subsection (a) of this section, shall be reduced one-half percent (0.5%) multiplied by the number of completed months in the period from the date he or she requests his or her pension to begin to the date he or she would have attained fifty (50) years of age.
(2)
In the event a member with five (5) years or more of credited service in the State Police Retirement System ceases to be employed as a state police officer prior to reaching fifty (50) years of age and does not withdraw his or her accumulated employee contributions to the system, the member shall be entitled to receive a pension upon reaching fifty (50) years of age, computed in the same manner as the pension of other retirants under the system.
(3)
Any member may elect to withdraw his or her accumulated contributions to the system at the time of terminating employment as a state police officer and to waive any pension rights the member may have earned in the system.
Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1971, No. 309, § 3; 1977, No. 460, § 1; A.S.A. 1947, § 42-455; Acts 1991, No. 225, § 1; 1997, No. 1053, § 21; 2001, No. 151, § 60.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-215 - Benefits - Death of retirant

(a)
In the event a retirant who is in receipt of a straight life pension dies before he or she has received in straight life pension payments an aggregate amount equal to his or her accumulated contributions standing to his or her credit in the members' deposit account at the time of his or her retirement, then the difference between his or her accumulated contributions and the aggregate amount of straight life pension payments received by him shall be paid to such persons as he or she shall have nominated by written designation duly executed and filed with the Board of Trustees of the State Police Retirement System.
(b)
If there is no designated person surviving the retirant, the difference, if any, shall be paid in accordance with the laws of descent and distribution of the State of Arkansas.
(c)
The payments may be made directly to a curator, guardian, administrator, or executor authorized to receive such payments, wherever the representative may be, with or without the appointment of a representative in this state.
(d)
In no case shall any benefits be paid under this section on account of the death of a retirant if any pensions become payable from funds of the State Police Retirement System on account of his or her death.
Acts 1951, No. 311, § 5; 1953, No. 309, § 1; 1957, No. 308, § 1; 1959, No. 484, § 5; 1971, No. 130, §§ 1, 2; A.S.A. 1947, § 42-455.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-219 - Benefits - Redetermination of benefits

(a)
Each July 1 the State Police Retirement System shall redetermine the amount of each monthly benefit which has been payable by the system for at least twelve (12) full calendar months. The redetermined amount shall be payable for the following twelve (12) calendar months.
(b)
The redetermined amount shall be the amount of the benefit payable as of the immediately preceding July 1 increased by three percent (3%).
Acts 1981, No. 483, § 1; A.S.A. 1947, § 42-467; Acts 1991, No. 432, § 3; 1997, No. 130, § 1; 1999, No. 387, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-220 - Benefits - Increased benefits generally

(a)
Each person receiving retirement benefits from the State Police Retirement System on July 1, 1983, shall, beginning July 1, 1983, receive an increase in monthly benefits of five percent (5%).
(b)
Beginning on July 1, 1984, all persons who were receiving benefits under the system on July 1, 1983, shall receive an additional increase in monthly benefits of five percent (5%).
Acts 1983, No. 486, § 1; A.S.A. 1947, § 42-463.1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-221 - Benefits - Increased benefits for persons retiring by June 1, 1982, or by July 1, 1982

(a)
(1)
Effective July 1, 1987, the monthly retirement benefit payable to the retirees and beneficiaries of the State Police Retirement System who retired prior to July 1, 1982, shall be increased as follows:
Date of Retirement
Percent of Increase
7-1-82 and after
0%
7-1-80 through 6-30-82
6%
7-1-75
through 6-30-80
12%
Before 7-1-75
18%
(2)
It is the specific intent of this subsection that those retirants or beneficiaries who retired before July 1, 1975, shall receive a maximum increase of eighteen percent (18%).
(3)
The increase in benefits provided in subdivision (a)(1) of this section shall be added to the monthly benefit after the annual post-retirement increase based on the consumer price index has been applied, and the increase provided in subdivision (a)(1) of this section shall be added to the base annuity of the member or beneficiary.
(b)
(1)
On July 1, 1985, the monthly retirement benefit payable to retirants and beneficiaries of retirants of the system who retired June 1, 1982, or before shall be increased as follows:
(A)
Those retirants and beneficiaries who retired June 1, 1982, or before, shall receive one percent (1%) of the benefit amount payable June 1, 1982, for each full year from the date of retirement through June 1, 1983, with a maximum increase payable of ten percent (10%) of the June 1, 1982, retirement benefit.
(B)
The following schedule shall be used to determine the percent of increase due:
Date of Retirement
Percent of Increase
7-1-82 and after
0%
7-1-81 through 6-1-82
1%
7-1-80 through 6-1-81
2%
7-1-79 through 6-1-80
3%
7-1-78 through 6-1-79
4%
7-1-77 through 6-1-78
5%
7-1-76 through 6-1-77
6%
7-1-75 through 6-1-76
7%
7-1-74 through 6-1-75
8%
7-1-73 through 6-1-74
9%
7-1-72
through 6-1-73
10%
Before 7-1-72
10%
(2)
It is the specific intent of this subsection that those retirants or beneficiaries who retired before June 1, 1973, shall receive a maximum increase of ten percent (10%).
(3)
The increase in benefits provided in subdivision (b)(1) of this section shall be added to the monthly benefit after the annual postretirement increase based on the consumer price index has been applied, and the increase provided in subdivision (b)(1) of this section shall be added to the base annuity of the member or beneficiary.
Acts 1985, No. 555, § 1; A.S.A. 1947, § 42-463.2; Acts 1987, No. 718, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-222 - Refund of contributions

(a)
(1)
In the event a member leaves the employ of the Division of Arkansas State Police prior to the date he or she becomes entitled to retire with a pension payable from funds of the State Police Retirement System, he or she shall be paid, upon his or her written application filed with the Board of Trustees of the State Police Retirement System, the accumulated contributions standing to his or her credit in the members' deposit account if his or her separation from the employ of the division occurs after five (5) years from the date he or she last became a member of the system.
(2)
If his or her separation from the employ of the division occurs within a period of five (5) years from and after the date he or she last became a member of the system, he or she shall be paid, upon his or her written application filed with the board, his or her accumulated contributions standing to his or her credit in the members' deposit account less the total interest credited to his or her individual account therein.
(b)
(1)
In the event a member who has twenty (20) years or more of credited service leaves the employ of the division for any reason except his or her retirement as provided in this subchapter, or his or her death, he or she may, if he or she so chooses, remain a member for the exclusive purpose only of receiving his or her pension as provided in §
24-6-214
.
(2)
The pension shall come the first day of the calendar month next following the month in which his or her application therefor is filed with the board or after the attainment of fifty (50) years of age.
(c)
(1)
In the event a member dies and does not leave a beneficiary entitled to a pension payable from funds of the system, his or her accumulated contributions standing to his or her credit in the members' deposit account at the time of his or her death shall be paid to such person or persons as he or she shall have nominated by written designation duly executed and filed with the board.
(2)
If there is no designated person surviving the member, his or her accumulated contributions shall be paid in accordance with the laws of descent and distribution of the State of Arkansas.
(3)
The payments may be made directly to a curator, guardian, administrator, or executor authorized to receive such payments, wherever the representative may be, with or without the appointment of a representative in this state.
(d)
Refunds of a member's contributions or accumulated contributions, as the case may be, may be made in equal installments according to such rules as the board may adopt from time to time.
Amended by Act 2019, No. 315,§ 2878, eff. 7/24/2019.
Acts 1951, No. 311, § 7; 1953, No. 309, § 3; 1959, No. 484, § 7; 1971, No. 309, § 6; 1977, No. 460, § 2; A.S.A. 1947, § 42-457.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-223 - Interest in fund not transferable or subject to legal process

(a)
No person entitled to any interest or share in any pension, any return of contributions or accumulated contributions, or any other benefit payable or to be made payable from funds of the State Police Retirement System shall have the right to anticipate such entitlement or to sell, assign, pledge, mortgage, or otherwise dispose of or encumber such entitlement, nor shall any interest or share in any pension, any return of contributions or accumulated contributions, or any other benefit payable or to be made payable from funds of the system be liable for the debts or liabilities of the person or persons entitled thereto, or be subject to attachment, garnishment, execution, levy, sale, or judicial proceedings, or be transferable by any means, voluntarily or involuntarily, except as expressly provided for in this subchapter.
(b)
Should a member be covered by a group insurance or prepayment plan participated in by the Division of Arkansas State Police and should he or she be permitted to, and elect to, continue the coverage as a retirant, nothing contained in this section shall prevent the Board of Trustees of the State Police Retirement System, upon the member's written request, from deducting from his or her pension the payments required of him or her to continue coverage under the group insurance or prepayment plan.
(c)
An exception to the prohibition against subjection of annuity rights to any process of law applies to the following:
(1)
The State of Arkansas shall have the right of setoff for any claim arising from embezzlement by, or fraud of, a member, retirant, or beneficiary; and
(2)
A court of competent jurisdiction of this state may order the monthly benefit of a retirant to be paid into the registry of the court for disposition as the court deems just and proper if the retirant is found by the court to be willfully refusing or failing to support his or her minor dependent children in violation of a court order providing for such support.
Amended by Act 2023, No. 249,§ 2, eff. 7/1/2023.
Acts 1951, No. 311, § 8; 1953, No. 309, § 4; 1959, No. 484, § 8; A.S.A. 1947, § 42-458.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-224 - Increase in benefits

(a)
On July 1, 1991, the monthly retirement benefit payable to retirants and beneficiaries of the State Police Retirement System who retired June 1, 1991, or before, shall be increased by four percent (4%) of the benefit payable on June 1, 1991.
(b)
The increase in benefits provided in subsection (a) of this section shall be added to the monthly benefit after the annual postretirement increase based on the consumer price index has been applied, and the increase in subsection (a) of this section shall be added to the base annuity of the retirant or beneficiary.
Acts 1991, No. 380, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-225 - Applicability of benefit provisions

(a)
(1)
The noncontributory benefit provisions of this chapter shall be applicable to each person who has never been a member of the State Police Retirement System before January 1, 1978, and who is employed before April 3, 1997, in a position covered by the system and who thereby becomes a member.
(2)
(A)
(i)
Each other person who was a member before January 1, 1978, but who was not actively employed in a position covered by the system on January 1, 1978, shall become covered by the noncontributory benefit provisions of this chapter at the time the person first becomes so employed after January 1, 1978, unless he or she elects to become covered by the provisions of the system which require member contributions. The election must be in writing and received by the governing body of the system before the later of January 1, 1986, and six (6) months after he or she first becomes so employed after January 1, 1978.
(ii)
If the member so elects benefits requiring member contributions, he or she shall pay the member contributions from the date of the employment, together with regular interest, from the dates the contributions would normally have been received by the system to the dates of actual payment.
(B)
(i)
The benefits of each member's becoming covered by the noncontributory benefit provisions of this chapter shall be computed by applying the benefit provisions prescribed by this subchapter for all credited service of the person rendered before and after January 1, 1978.
(ii)
Benefit amounts based upon employment before January 1, 1978, shall not be less than benefit amounts computed in accordance with the system benefit provisions at the time of retirement which require member contributions.
Acts 2001, No. 151, § 62.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-226 - Eligibility for benefits - Voluntary retirement for Tier I noncontributory members

(a)
(1)
Any member who has acquired five (5) years but less than twenty-eight (28) years of actual service and has attained sixty-five (65) years of age may retire upon written application filed with the Board of Trustees of the State Police Retirement System.
(2)
Any member who has acquired five (5) or more years of actual service and has attained fifty-two (52) years of age may retire upon written application filed with the State Police Retirement System.
(3)
Any member who acquired twenty-eight (28) or more years of actual service may retire at any age upon written application filed with the board.
(4)
For those members with less than twenty-eight (28) actual years of service, the sixty-five (65) years of age requirement shall be reduced by one (1) month for every two (2) months of public safety credit, but in no event to an age younger than fifty-two (52) years of age.
(b)
This application shall set forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, the member desires to be retired.
(c)
Upon the member's retirement, he or she shall receive a pension provided for in §
24-6-216
.
Amended by Act 2021, No. 415,§ 3, eff. 7/28/2021.
Acts 2001, No. 151, § 62.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 2 - STATE POLICE RETIREMENT SYSTEM (§§ 24-6-201 — 24-6-228) › Section 24-6-227 - Benefits generally - Tier I noncontributory member

(a)
(1)
Upon retirement as provided in this subchapter, a member shall receive a straight life pension equal to one and sixty-six-hundredths percent (1.66%) of his or her final average compensation multiplied by the number of years and any fraction of a year of his or her credited service.
(2)
(A)
In addition, if a member has service resulting from employment in a position covered at any time by Social Security or another federal retirement plan supported wholly or in part by employer contributions, and if that member's age at retirement is younger than:
(i)
Social Security's minimum age for an immediate retirement benefit; and
(ii)
Sixty-two (62) years of age, then the member shall receive a temporary annuity equal to three hundred and twenty-two-thousandths of one percent (0.322%) of the member's final average compensation for each year of his or her credited service.
(B)
The temporary annuity shall terminate at the end of the calendar month in which the earliest of the following events occurs:
(i)
The member's death;
(ii)
The member's attainment of the Social Security minimum age for an immediate monthly benefit; or
(iii)
The member's attainment of sixty-two (62) years of age.
(b)
In the event a member with five (5) years or more of actual service in the State Police Retirement System ceases to be employed as a state police officer prior to reaching the required age for voluntary retirement and does not withdraw his or her accumulated employee contributions to the system, the member shall be entitled to receive a pension upon reaching what his or her voluntary retirement age would have been if he or she had continued state police employment from time of termination of employment.
(c)
Any member may elect to withdraw his or her accumulated contributions to the system at the time of terminating employment as a state police officer and to waive any pension rights the member may have earned in the system.
(d)
It is considered sound public policy that retirement pay not exceed working pay except for increases after retirement caused by inflation. Accordingly, at the time of retirement, the total of the system annuity shall not exceed the member's final average compensation.
Amended by Act 2021, No. 415,§ 4, eff. 7/28/2021.
Acts 2001, No. 151, § 62.