2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-881.01 - Employees hired on or after July 1, 2018; defined contribution plan; benefit election; disability

38-881.01.
Employees hired on or after July 1,  2018;  defined contribution plan;  benefit election;  disability
A. Except as provided in subsection B of this section,  an employee who is hired on or after July 1,  2018,  who is a member as defined in section 38-881,  paragraph 27,  subdivision (a) and who was not an active,  an inactive or a retired member of the plan or a member of the plan with a disability on June 30,  2018 shall participate in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter. For an employee who is hired on or after September 1,  2019,  the employee's participation in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter begins ninety days after the date the employee is hired.
B. An employee who is hired on or after July 1,  2018,  who is in a designated position as defined in section 38-881,  paragraph 13,  subdivision (g) and who was not an active,  an inactive or a retired member of the plan or a member of the plan with a disability on June 30,  2018 is eligible to participate in the corrections officer retirement plan or the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter,  depending on the employee's election under this section. During the first sixty days of an employee's employment and before the employee makes a decision regarding the individual's retirement plan,  the board shall provide each probation and surveillance officer who is hired on or after July 1,  2018 interactive,  objective educational training,  counseling and participant-specific plan information about both the corrections officer retirement plan and the public safety personnel defined contribution retirement plan options. The employee's participation in either the plan or the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter begins ninety days after the date the employee is hired. Unless the elections made under this section are made before the ninetieth day after the date of employment,  the employee is automatically enrolled in the plan for the remainder of the employee's employment. Any election made under this section is irrevocable and is the employee's election for the remainder of the employee's employment,  unless the employee is subsequently in a position that allows for an election under this section. If an employee is subsequently rehired after a bona fide termination of employment from the employee's employer of not less than six months with no prearranged reemployment agreement with the employer or hired by a new employer,  the employee may make a new election under this section before the ninetieth day after the date of hire. If the employee does not make a new election within that time frame,  the employee's previous election will continue. The employee may make one of the following irrevocable elections:
1. To participate solely in the corrections officer retirement plan.
2. To participate solely in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter.
C. If an employee specified in subsection B of this section in the employee's first ninety days of employment is determined to be eligible for an accidental or total and permanent disability pension pursuant to section 38-886,  the employee shall be automatically enrolled in the corrections officer retirement plan for the remainder of the employee's employment with any employer under the plan commencing on the employee's date of disability and shall receive an accidental or total and permanent disability pension as prescribed in this article.
D. If an employee specified in subsection B of this section in the employee's first ninety days of employment is killed in the line of duty or dies from injuries suffered in the line of duty,  the employee shall be considered as having been enrolled in the corrections officer retirement plan and the surviving spouse of the deceased employee is eligible for survivor benefits as prescribed in this article.
E. Notwithstanding subsection B of this section,  if an employee who is hired on or after July 1,  2018 and who is an active or inactive member of the plan or a participant in the public safety personnel defined contribution plan established pursuant to article 4.1 of this chapter is subsequently rehired by the employee's previous employer or another employer under the plan,  the employee's participation in either the plan or the public safety personnel defined contribution plan,  for which the employee had elected to participate,  begins on the date the employee is rehired or hired by another employer. If the employee makes a new election pursuant to subsection B of this section,  the employee's participation in the previous plan continues until the date in which the employee makes a different election,  not to exceed ninety days after the date of hire for the eligible position.