reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-756 - Outreach education program

38-756.
Outreach education program
A. The director shall develop,  implement and maintain an outreach education program for members of ASRS that is designed to provide basic information on retirement planning.
B. The outreach education program prescribed in subsection A shall include at least the following:
1. Information on the benefits available to members before retirement.
2. Information on the financial benefits available at retirement including a detailed explanation of the benefits and benefit options under ASRS.
3. Information on how ASRS is organized.
4. Information on how the benefits of the members are funded.
5. Information on the social issues related to retirement.
6. The use of audiovisual,  electronic and other educational aids that are designed to provide information on retirement education and planning.
7. The development of a creative promotional program using available media outlets.
C. ASRS shall present,  either in person or through the use of electronic means,  the outreach education program prescribed in subsection A at least once each year in each county of this state. Attendance of active members at outreach education program presentations is voluntary.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-757 - Normal retirement

38-757.
Normal retirement
A. After application on a form prescribed by the director,  a member may retire on reaching the member's normal retirement date. Except as provided in section 13-713,  a member's right to the member's normal retirement benefit as described in subsection B of this section is nonforfeitable by an employer or ASRS on attainment of the member's normal retirement date.
B. Except as provided in section 38-768,  a member who meets the requirements for retirement benefits at normal retirement shall receive a straight life annuity that equals the result of paragraph 1 of this subsection multiplied by paragraph 2 of this subsection when those paragraphs are defined as follows:
1. The number of whole and fractional years of credited service times the following:
(a) 2.10 percent if the member does not have more than 19.99 years of credited service.
(b) 2.15 percent if the member has at least 20.00 years of credited service but not more than 24.99 years of credited service.
(c) 2.20 percent if the member has at least 25.00 years of credited service but not more than 29.99 years of credited service.
(d) 2.30 percent if the member has at least 30.00 years of credited service.
2. The member's average monthly compensation.
C. Employers shall provide evidence of,  and certify to,  in a manner provided by the board,  the member's average monthly compensation if that information is not already available from the records of ASRS.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-758 - Early retirement

38-758.
Early retirement
A. A member who has attained age fifty,  who has terminated employment with all employers and who has five years of total credited service is eligible to elect,  in a form and manner prescribed by the board,  to receive a reduced retirement income.
B. For a member whose membership in ASRS commenced before July 1,  2011,  the benefit payable to a member electing early retirement shall be determined by reducing the normal retirement benefit computed in accordance with section 38-757 either:
1. At the rate of three percent per year from age sixty to age sixty-five and five percent per year from age fifty to age sixty. The reduction in normal retirement benefits pursuant to this paragraph for an eligible member electing early retirement shall be based on the period from the date of commencement of early retirement benefits to the member's sixtieth birthday if the member has at least twenty years of total credited service,  sixty-second birthday if the member has at least ten but less than twenty years of total credited service or sixty-fifth birthday if the member has at least five but less than ten years of total credited service.
2. If the sum of a member's age and years of total credited service equals seventy-seven or more,  but is less than eighty,  at the rate of three percent for each unit of one or fraction of one by which the sum is less than eighty.
C. For a member whose membership in ASRS commenced on or after July 1,  2011,  the benefit payable to a member electing early retirement shall be determined by reducing the normal retirement benefit computed in accordance with section 38-757 at the rate of three percent per year from age sixty to age sixty-five and five percent per year from age fifty to age sixty. The reduction in normal retirement benefits pursuant to this subsection for an eligible member electing early retirement shall be based on the period from the date of commencement of early retirement benefits to the member's sixty-second birthday if the member has at least ten years of total credited service or sixty-fifth birthday if the member has at least five but less than ten years of total credited service.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-759 - Late retirement; definition

38-759.
Late retirement;  definition
A. A member who is eligible for normal retirement benefits on the member's normal retirement date may elect to defer receiving retirement benefits.
B. Notwithstanding this section,  payment of a member's deferred benefits shall not commence later than the member's required beginning date.
C. For the purposes of this section,  " required beginning date"  has the same meaning prescribed in section 38-775.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-762 - Survivor benefits before retirement; definition

38-762.
Survivor benefits before retirement;  definition
A. On the death of any active or inactive member before retirement,  the designated beneficiary of the member shall be paid a survivor benefit equal to the sum of both of the following:
1. The member's contribution and interest and the employer's contribution and interest to the defined benefit plan established by this article for credited service that a member earned by working for an employer,  plus all contributions and interest made for the purchase of military service,  leave without pay or other public service credit. 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.
2. The amount of the member's employee account and the member's employer account together with supplemental credits,  if any,  transferred from the defined contribution program administered by ASRS to the defined benefit program established by this article.
B. Subsection A,  paragraphs 1 and 2 of this section shall be accumulated at compound interest at a rate determined by the board through the day of the payment of the benefit.
C. In lieu of a single payment,  a designated beneficiary who is eligible for a survivor benefit pursuant to subsection A of this section may elect to receive the actuarial equivalent of the survivor benefit as monthly income for life,  if the resulting monthly amount is greater than or equal to the amount determined by the board under section 38-764,  subsection E.
D. If a member dies before distribution of the member's benefits commences,  the member's entire benefits shall be distributed within the required distribution provisions of section 401(a)(9) of the internal revenue code and the regulations that are issued under that section by the United States secretary of the treasury as prescribed in section 38-775.
E. If a deceased member did not designate a beneficiary or the beneficiary named by a member predeceases the member,  ASRS shall pay the member's survivor benefit to the following persons in the following order of priority:
1. The member's surviving spouse.
2. The member's surviving natural or adopted children in equal shares.
3. The member's surviving parents in equal shares.
4. The member's estate.
F. Any payment pursuant to this section is payment for the account of the member or the member's beneficiary and all persons entitled to payment and,  to the extent of the payment,  is a full and complete discharge of all liability of the board or ASRS,  or both,  under or in connection with ASRS.
G. For the purposes of this section,  " designated beneficiary"  means any individual designated by the member as the member's beneficiary.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-763 - Survivor benefits after retirement

38-763.
Survivor benefits after retirement
A. Except as provided in subsection B of this section,  if a member dies after distribution of retirement benefits commences,  ASRS shall continue to distribute the remaining portion of retirement benefits within the required distribution provisions of section 401(a)(9) of the internal revenue code and the regulations that are issued under that section by the United States secretary of the treasury as prescribed in section 38-775.
B. On the death of a retired member who is receiving benefits,  the estate or beneficiary of the member is entitled to receive at least the amount of the member's contribution to ASRS plus interest,  as determined by the director,  less the benefits distributed by ASRS. This amount is payable either as a lump sum or at the same periodic rate in effect at the time of the member's death,  as determined by the estate or beneficiary.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-765 - Errors; benefit recomputation

38-765.
Errors;  benefit recomputation
If any change or error in the records results in any member or beneficiary receiving from ASRS more or less than the member or beneficiary would have been entitled to receive if the records had been correct,  ASRS shall correct the error and as far as practicable shall adjust the payments in a manner so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid. ASRS shall correct any change or error and shall pay the appropriate monies to a member or beneficiary or shall recover monies from the member or beneficiary if the member or beneficiary is overpaid. ASRS shall recover monies by reducing any benefit otherwise payable by ASRS or the LTD program established by article 2.1 of this chapter to an active,  inactive,  person with a disability or retired member,  survivor,  contingent annuitant,  beneficiary or alternate payee.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-766.01 - Retired members; return to work

38-766.01.
Retired members;  return to work
A. Notwithstanding section 38-766,  at a retired member's election,  a retired member may return to work and still be eligible to receive retirement benefits if all of the following requirements are satisfied:
1. The retired member has attained the member's normal retirement age.
2. The retired member terminated direct employment with an employer at least three hundred sixty-five consecutive days before returning to work.
3. If the retired member returns to work as a teacher,  the retired member's employment is not subject to the requirements prescribed in sections 15-536,  15-538,  15-538.01 and 15-539 through 15-543.
B. Notwithstanding section 38-766 and subsection A of this section,  at a retired member's election,  a retired member may return to work as a state elected official who is subject to term limits and still be eligible to receive retirement benefits.
C. A retired member's election to return to work under this section is irrevocable for the remainder of the retired member's employment for which the retiree made the election.
D. The retired member shall acknowledge this section in writing and file the acknowledgement with the employer within thirty days after returning to work.
E. An employer of a retired member who returns to work pursuant to this section shall not pay contributions on behalf of the retired member pursuant to section 38-736,  38-737 or 38-797.05.
F. A retired member who returns to work pursuant to this section does not accrue credited service,  member service as provided in section 15-1628,  subsection B,  paragraph 4,  additional account balances,  retirement benefits or long-term disability program benefits pursuant to article 2.1 of this chapter for the period the retired member returns to work. The period the retired member returns to work is not eligible for purchase under section 38-743 or 38-744.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-768 - Minimum retirement benefit

38-768.
Minimum retirement benefit
A. Notwithstanding any other provision of this article,  a retired member or beneficiary who is entitled to a benefit under this article shall receive at least a minimum monthly benefit that is computed pursuant to subsection B of this section if the retired member or beneficiary is at least seventy-five years of age and if the retired member or beneficiary is any of the following:
1. Retired from ASRS with at least twenty years of credited service.
2. A beneficiary of ASRS who is receiving benefits derived from a retired member who had at least twenty years of credited service.
3. A member with at least twenty years of service who irrevocably revokes the receipt of benefits determined on the basis of membership in the defined contribution program administered by ASRS and who elects to receive benefits under this article.
4. A beneficiary who is receiving benefits derived from a retired member who had at least twenty years of service,  who irrevocably revoked the receipt of benefits determined on the basis of membership in the defined contribution program administered by ASRS and who elected to receive benefits under this article.
B. The minimum monthly benefit provided by subsection A of this section:
1. For retired members,  is $600.
2. For beneficiaries,  is the amount determined by paragraph 1 of this subsection and reduced in accordance with the option chosen by multiplying the amount determined by paragraph 1 of this subsection by the actuarial figure for the option chosen and by the percentage of the option chosen.
C. If the minimum monthly benefit pursuant to subsections A and B of this section is more than the retired member's or beneficiary's current monthly benefit,  the retired member or beneficiary is eligible to receive a monthly benefit equal to the minimum benefit. If the retired member's or beneficiary's current monthly benefit is more than the minimum benefit,  the retired member's or beneficiary's benefit remains the same.
D. A member who receives a lump sum payment pursuant to section 38-764,  subsection C is not eligible for a minimum benefit as provided by this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-772 - Prior service under defined contribution program administered by ASRS; definitions

38-772.
Prior service under defined contribution program administered by ASRS;  definitions
A. Amounts required of employers as provided in section 38-737,  subsections A and B are in addition to any payments required of employers on behalf of prior service credits under the defined contribution program administered by ASRS arising from members of ASRS. Payments made to ASRS on behalf of members with those prior service credits shall reduce by that amount the payments required to be paid to the defined contribution program administered by ASRS for those prior service credits.
B. Notwithstanding section 38-757,  subsection B,  any prior service credits to which the member was entitled under the defined contribution program administered by ASRS shall be added to the product of section 38-757,  subsection B,  paragraphs 1 and 2.
C. For the purposes of this section:
1. " Prior service"  means service for this state or a political subdivision of this state before membership in the defined contribution program administered by ASRS.
2. " Prior service credits"  means the amount that is allowed for services before membership in the defined contribution program administered by ASRS and that is payable as a retirement benefit.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-776 - Spousal waiver and consent

38-776.
Spousal waiver and consent
A. A member's current spouse may consent to one of the following requirements established in section 38-755 or 38-760 by signing and submitting an acknowledgement in a manner established by ASRS:
1. A change of beneficiary that provides the member's current spouse with less than fifty per cent of the member's account balance.
2. The member's retirement application that does not name the member's current spouse as a contingent annuitant of a joint and survivor annuity.
3. A change or rescission of the member's current spouse's contingent annuitant status.
B. If the member's current spouse is not capable of executing the acknowledgement because of an incapacitating mental or physical condition,  a power of attorney or guardian may execute the acknowledgment on the current spouse's behalf.
C. The member may affirm in writing under penalty of perjury in a manner determined by ASRS that spousal consent is not required because of one of the following reasons:
1. The member is not married.
2. The member's current spouse has no identifiable community property interest in the member's benefits.
3. The member does not know,  and has taken all reasonable steps to determine,  the location of the member's current spouse.
4. The member has received notification from the board that a domestic relations order is acceptable pursuant to section 38-773 and that domestic relations order requires ASRS to pay benefits to an alternate payee that is contrary to the requirements of section 38-760.
5. Obtaining consent violates another law,  an existing contract or a court order.
D. This section does not abrogate any community property laws of this state.
E. Payments or distributions made by ASRS in good faith reliance on the consent or waiver of a member's current spouse,  the affirmations of a member contained in documents submitted to ASRS pursuant to this section or the member's indication to ASRS that the member is not married constitute a full and complete discharge and release of all liability of the board or ASRS,  or both,  respecting these payments or distributions.
F. If questions arise as to the distribution of a particular member's account,  ASRS shall use reasonable judgment to distribute the account in a manner that is consistent with Arizona community property laws and interpretations of those laws.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-791 - Assurances and liabilities

38-791.
Assurances and liabilities
A. Nothing contained in this article shall be construed as:
1. A contract of employment between an employer and any employee.
2. A right of any employee to continue in the employment of an employer.
3. A limitation of the rights of an employer to discharge any of its employees,  with or without cause.
B. A member does not have any right to,  or interest in,  any ASRS assets on termination of the member's employment or otherwise,  except as provided from time to time by ASRS,  and then only to the extent of the benefits payable to the member out of ASRS assets. All payments of benefits shall be made solely out of ASRS assets and neither the employers,  the board nor any member of the board is liable for payment of benefits in any manner.
C. Payment of compensation less contributions as provided in this article fully discharges any claim or demand for the service rendered by a member during the period covered by the payment,  except with respect to benefits provided under this article.
D. Benefits,  employee contributions or employer contributions,  including interest,  earnings and all other credits,  payable under this article are not subject in any manner to anticipation,  alienation,  sale,  transfer,  assignment,  pledge,  encumbrance,  charge,  garnishment,  execution or levy of any kind,  either voluntary or involuntary,  before actually being received by a person entitled to the benefit,  contribution,  earning or credit,  and any attempt to anticipate,  alienate,  sell,  transfer,  assign,  pledge,  encumber,  charge,  garnish,  execute or levy or otherwise dispose of any benefit,  contribution,  earning or credit under this article is void. ASRS is not in any manner liable for,  or subject to,  the debts,  contracts,  liabilities,  engagements or torts of any person entitled to any benefit,  contribution,  earning or credit under this article.
E. Neither the employers,  the board nor any member of the board guarantees the fund established by section 38-712 in any manner against loss or depreciation,  and they are not liable for any act or failure to act that is made in good faith pursuant to this article. The employers are not responsible for any act or failure to act of the board or any member of the board. Neither the board nor any member of the board is responsible for any act or failure to act of any employer.
F. This section does not exempt employee benefits of any kind from a writ of attachment,  a writ of execution,  a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-792 - Exemptions from execution, attachment and taxation; exception

38-792.
Exemptions from execution,  attachment and taxation;  exception
A. The benefits and annuities,  the member and employer contributions and the securities in ASRS accounts provided for in this article are not subject to execution or attachment and are nonassignable except as specifically provided in this article. The member and employer contributions and the securities in ASRS accounts are exempt from state,  county and municipal income taxes. Contributions that are withdrawn after December 31,  1974 by a public officer or employee from the accounts of ASRS and that are not received as benefits from ASRS and benefits and annuities received by a public officer or employee from ASRS after December 31,  1988 are subject to tax pursuant to title 43.
B. Interest,  earnings and all other credits pertaining to benefits and annuities are not subject to execution or attachment and are nonassignable.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797 - Definitions

38-797.
Definitions
In this article,  unless the context otherwise requires:
1. " ASRS"  means the Arizona state retirement system established by article 2 of this chapter.
2. " Assets"  means the accumulated resources of the LTD program.
3. " Board"  means the ASRS board established pursuant to section 38-713.
4. " Compensation"  has the same meaning prescribed in section 38-711.
5. " Depository"  means a bank in which the monies of the LTD program are deposited and collateralized as provided by law.
6. " Employer"  has the same meaning prescribed in section 38-711.
7. " Employer contributions"  means all amounts paid into the LTD program by an employer.
8. " Fiscal year"  has the same meaning prescribed in section 38-711.
9. " LTD program"  means the long-term disability program established by this article.
10. " Member"  has the same meaning prescribed in section 38-711.
11. " Monthly compensation"  means the amount determined by taking the six pay periods immediately before the date of the member's disability in the fiscal year in which the member develops a disability,  disregarding the highest two and lowest two compensation amount pay periods and deriving the mean of the two remaining pay periods. If the member was employed for fewer than six pay periods,  monthly compensation is determined by deriving the mean of the number of pay periods the member worked in the fiscal year in which the member develops a disability.
12. " Normal retirement date"  has the same meaning prescribed in section 38-711.
13. " Political subdivision"  has the same meaning prescribed in section 38-711.
14. " State"  has the same meaning prescribed in section 38-711.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.02 - LTD trust fund

38-797.02.
LTD trust fund
A. The LTD trust fund is established for the purpose of paying benefits under and costs of administering the LTD program.
B. The LTD trust fund consists of all monies paid into it in accordance with this article,  whether in the form of cash,  securities or other assets,  and all monies received from any other source. The LTD trust fund is exempt from title 44,  chapter 3. Abandoned monies shall be disposed of pursuant to section 38-722.
C. Custody,  management and investment of the LTD trust fund are as prescribed by this article and article 2 of this chapter.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.03 - ASRS board; personnel; duties; hearing or review; executive session

38-797.03.
ASRS board;  personnel;  duties;  hearing or review;  executive session
A. The board shall administer the LTD program. ASRS officers,  contractors and personnel shall perform the duties prescribed by this article.
B. The board may determine the rights,  benefits or obligations of any person under this article and afford any person dissatisfied with a determination of their rights,  benefits or obligations under this article with a hearing on the determination. Notwithstanding section 38-431.03,  the board shall hold a hearing or review of an administrative law judge's written decision in an executive session if the aggrieved person makes such a request. If the board holds a hearing or review in executive session pursuant to this subsection,  the board shall use the procedures for an executive session as provided in section 38-431.03. Minutes of and discussions held at an executive session are confidential except from the aggrieved person for the purposes of an appeal of the board's decision to the superior court on the matter that is determined by the board. The aggrieved person must request an executive session hearing at least forty-eight hours before the hearing.
C. The board may enter into a contract with an insurance company or another entity to administer all or part of the LTD program and to determine eligibility for benefits under the LTD program.
D. The board shall pay from the LTD trust fund the amounts necessary to pay benefits under and costs of administering the LTD program.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.05 - Employer and member contributions

38-797.05.
Employer and member contributions
A. Beginning July 1,  2011,  employers shall contribute the percentage of the compensation of all of the members under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all benefits under and costs of administering the LTD program.
B. Beginning July 1,  2011,  a member shall contribute a percentage of the member's compensation equal to the employer contribution for the member required pursuant to subsection A of this section.
C. The employer shall pay the member contributions required of members on account of compensation earned. All employer and member contributions shall be paid to the board. The board shall allocate the contributions to the LTD trust fund and shall place the contributions in the LTD program's depository.
D. Each employer shall certify on each payroll the amount to be contributed to the LTD program and shall remit that amount to the board. The contributions are irrevocable.
E. Payments due pursuant to this article by employers 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 the board. The board shall charge interest on the delinquent payments at an annual rate equal to the interest rate assumption approved by the board for actuarial equivalency pursuant to article 2 of this chapter. Delinquent payments due under this subsection,  together with interest charges as provided in this subsection,  may be recovered by an action in a court of competent jurisdiction against an employer liable for payments or,  at the request of the director,  may be deducted from any monies,  including excise revenue taxes,  payable to the employer by any department or agency of this state.
F. If more than the correct amount of contributions required is paid by an employer,  proper adjustment shall be made in connection with subsequent payments. The board shall return excess contributions to the employer if the employer requests return of the contributions within one year after the date of overpayment.
G. Member contributions are not refundable and are not included in the calculation of survivor benefits pursuant to section 38-762.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.06 - Contribution rate; annual report

38-797.06.
Contribution rate;  annual report
A. The board shall select an actuary to determine required employer contributions on an annual basis. The actuary shall be a fellow of the society of actuaries.
B. Employer contributions shall be a percentage of compensation of all employees of the employers who meet the eligibility requirements of article 2 of this chapter,  as the ASRS actuary determines pursuant to this section. The actuary shall make this determination in an annual valuation performed as of June 30. The valuation as of June 30 of a calendar year shall determine the percentage to be applied to compensation for the fiscal year beginning July 1 of the following calendar year. The actuary shall determine the total employer contribution using an actuarial cost method consistent with generally accepted actuarial standards. The total employer contributions shall be equal to the employer normal cost plus the amount required to amortize the past service funding requirement over a period consistent with generally accepted actuarial standards.
C. All contributions made by the employer and allocated to the LTD trust fund established by section 38-797.02 are irrevocable and shall be used as benefits under this article or to pay expenses of the LTD program.
D. ASRS shall provide a preliminary report on or before November 30 of the valuation year and a final report on or before January 15 of the following year to the governor,  the speaker of the house of representatives and the president of the senate on the contribution rate for the ensuing fiscal year.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.08 - Errors; benefit recomputation

38-797.08.
Errors;  benefit recomputation
If any change or error in the records results in any member receiving from the LTD program more or less than the member would have been entitled to receive if the records had been correct,  the board shall correct the error and shall adjust the payments in a manner so that the equivalent of the benefit to which the member was correctly entitled is paid. The board shall correct any change or error and shall pay the appropriate monies to a member or shall recover monies from the member if the member is overpaid. The board shall recover monies by reducing any benefit that is otherwise payable by ASRS or the LTD program to an active,  inactive,  member with a disability or retired member,  survivor,  contingent annuitant,  beneficiary or alternate payee.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.10 - Assurances and liabilities

38-797.10.
Assurances and liabilities
A. Nothing contained in this article shall be construed as:
1. A contract of employment between an employer and any employee.
2. A right of any member to continue in the employment of an employer.
3. A limitation of the rights of an employer to discharge any of its employees,  with or without cause.
B. A member does not have any right to,  or interest in,  any LTD program assets on termination of the member's employment or otherwise,  except as provided from time to time in the LTD program,  and then only to the extent of the benefits payable to the member out of LTD program assets. All payments of benefits shall be made solely out of LTD program assets and neither the employers,  the board nor any member of the board is liable for payment of benefits in any manner.
C. Benefits,  employer and member contributions,  earnings and all other credits payable under this article are not subject in any manner to anticipation,  alienation,  sale,  transfer,  assignment,  pledge,  encumbrance,  charge,  garnishment,  execution or levy of any kind,  either voluntary or involuntary,  before actually being received by a person entitled to the benefit,  earning or credit,  and any attempt to anticipate,  alienate,  sell,  transfer,  assign,  pledge,  encumber,  charge,  garnish,  execute or levy or otherwise dispose of any benefit,  earning or credit under this article is void. The LTD program is not in any manner liable for,  or subject to,  the debts,  contracts,  liabilities,  engagements or torts of any person entitled to any benefit,  earning or credit under this article.
D. Neither the employers,  the board nor any member of the board guarantees the LTD trust fund established by section 38-797.02 in any manner against loss or depreciation,  and they are not liable for any act or failure to act that is made in good faith pursuant to this article. The employers are not responsible for any act or failure to act of the board or any member of the board. Neither the board nor any member of the board is responsible for any act or failure to act of any employer.
E. This section does not exempt benefits of any kind from a writ of attachment,  a writ of execution,  a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.11 - Exemptions from execution, attachment and taxation; exception

38-797.11.
Exemptions from execution,  attachment and taxation;  exception
A. The benefits,  the employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are not subject to execution or attachment and are nonassignable except as specifically provided in this article or article 2 of this chapter. The employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are exempt from state,  county and municipal income taxes. Benefits received by a member from the LTD program are subject to tax pursuant to title 43.
B. Interest,  earnings and all other credits pertaining to benefits are not subject to execution or attachment and are nonassignable.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-797.14 - Liquidation of LTD program

38-797.14.
Liquidation of LTD program
If the legislature determines that the LTD program is no longer to be operated for the purposes set forth in this article,  any monies remaining in the LTD trust after paying all liabilities of the trust or after making adequate provision for paying those liabilities revert to the general funds of the employers that were making contributions to the LTD program at the time the legislature terminates the LTD program. The reverted monies shall be prorated according to the gross amount of contributions made by the employers to the LTD program.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-802 - Elected officials' retirement plan and fund; administration

38-802.
Elected officials' retirement plan and fund;  administration
A. The elected officials' retirement plan is established.
B. The elected officials' retirement plan fund is established. The fund shall be made up of the assets of the judges' retirement plan and the elected officials' retirement plan terminated on August 7,  1985 plus the assets generated by this plan and the assets of the administrator of the board in the state employees retirement plan on the date of transfer plus any assets transferred to the fund in accordance with a joinder agreement. The fund shall be used exclusively for payment of benefits to retired members or their beneficiaries as provided in this article and for payment of the administration,  operation and investment expenses of the plan. In no case shall any portion of the fund revert or otherwise be paid to an employer.
C. The board shall administer,  manage and operate the plan and fund.
D. The elected officials' retirement plan is a jural entity that may sue and be sued.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-803 - Powers and duties of the board; reporting requirements

38-803.
Powers and duties of the board;  reporting requirements
A. The board,  in the administration,  management and operation of the plan and fund,  shall:
1. Account for the operation,  administration and investment expenses and allocate them against investment income.
2. Contract on a fee basis with an actuary to make an actuarial valuation of the plan based on the valuation method and valuation assumptions recommended by the actuary and approved by the board. The actuary shall be a member of the American academy of actuaries.
3. Contract on a fee basis with an independent auditing firm to make an annual audit of the accounting records of the fund and file a copy of the audit with the auditor general.
4. Invest the monies in the fund as provided in article 4 of this chapter.
5. Within a period of six months after the close of each fiscal year,  submit a detailed report of the operation and the investment performance of the plan to the governor,  the legislature and the members of the plan.
6. By November 1 of each year provide a preliminary report and by December 1 of each year provide a final report to the governor,  the speaker of the house of representatives and the president of the senate on the contribution rate for the ensuing fiscal year.
B. The board,  in the administration,  management and operation of the plan and fund,  may:
1. Employ services as it deems necessary.
2. Either keep invested monies separate or commingle invested monies as it deems appropriate.
3. Delegate authority as it deems necessary and prudent to the administrator employed pursuant to section 38-848,  subsection M,  paragraph 6.
4. Do all acts,  whether expressly authorized,  that are deemed necessary or proper for the protection of the fund.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-804.01 - Reinstatement of credited service; effect of prior law

38-804.01.
Reinstatement of credited service;  effect of prior law
An elected official who received a refund as provided in section 38-804,  who is subsequently reemployed as an elected official and who may have redeposited the amount withdrawn with interest as provided in section 38-804 or an elected official who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the time of the elected official's most recent reemployment. This section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-805 - Normal retirement and early retirement pensions

38-805.
Normal retirement and early retirement pensions
A. A member who becomes a member of the plan before January 1,  2012 and who ceases to hold office is eligible for a normal retirement pension,  if the member satisfies one of the following requirements:
1. Has attained age sixty-five with five or more years of credited service.
2. Has attained age sixty-two with ten or more years of credited service.
3. Has twenty or more years of credited service.
B. A member who becomes a member of the plan on or after January 1,  2012 and who ceases to hold office is eligible for a normal retirement pension,  if the member satisfies one of the following requirements:
1. Has attained age sixty-five with five or more years of credited service.
2. Has attained age sixty-two with ten or more years of credited service.
C. A member who becomes a member of the plan before January 1,  2012,  who has at least five years of credited service and who ceases to hold office as an elected official may take early retirement.
D. On normal or early retirement,  a retired member shall receive a pension computed pursuant to section 38-808,  subsection B or C until the member's death.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-805.01 - Resignation; time frame; normal retirement pension; reemployment; employer contributions

38-805.01.
Resignation;  time frame;  normal retirement pension;  reemployment;  employer contributions
A. Notwithstanding any age and service requirement specified in section 38-805,  an elected official who is a member of the elected officials' retirement plan and who gives an irrevocable notice of resignation on or before July 29,  2022 with a date of resignation and retirement of not later than September 30,  2022 may receive pension payments for normal retirement as specified in section 38-808 if the member meets either of the following:
1. Has attained fifty-five years of age with ten years of credited service.
2. Has attained fifty-nine and one-half years of age with five years of credited service.
B. Notwithstanding the reemployment provisions of section 38-804,  a member who retires pursuant to this section and who subsequently becomes an elected official may not:
1. Make contributions to the plan.
2. Accrue credited service under the plan while the retired member is holding office.
3. Participate in the elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter.
C. If a member retires pursuant to this section and subsequently becomes an elected official,  regardless of when the retired member returns to work,  the employer shall pay contributions at an alternate contribution rate as required and calculated pursuant to section 38-810.04.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-806 - Disability retirement pensions

38-806.
Disability retirement pensions
A. A member who becomes permanently mentally or physically incapacitated for the purpose of performing the duties of the member's office may receive disability retirement benefits if the board of trustees finds that all of the following apply:
1. The member submits either personally or by a guardian an affidavit as to the nature of the member's incapacity.
2. The member is medically examined by a board of three physicians,  one designated by the administrator of the fund,  one designated by the member or the member's guardian and one designated by the governor.
3. A majority of the board of physicians certifies to the board of trustees that:
(a) The member is mentally or physically incapacitated for the purpose of performing the duties of the member's office.
(b) The member's incapacity occurred during the member's term of office and is expected to be of an indefinite duration.
(c) The member should be retired.
B. On retirement by reason of disability under this section,  a retired member shall receive a pension computed pursuant to section 38-808,  subsection B,  paragraph 2 or subsection C,  paragraph 2 until the member's death or until the member's pension is suspended,  revoked or discontinued pursuant to this section.
C. If the board of trustees has reason to believe that a member,  retired pursuant to this section but not yet eligible for normal retirement,  may no longer be mentally or physically incapacitated from performing the duties of the public office from which the member retired,  the board of trustees may require such retired member to be medically examined. The examination shall be conducted by a board of three physicians,  one designated by the administrator of the fund,  one designated by the retired member or the member's guardian and one designated by the governor.
D. The board of trustees shall discontinue pension payments to a member retired pursuant to this section,  if the board of physicians certifies that the member is mentally and physically capable of performing the duties of the public office from which the member retired.
E. If the retired member refuses to submit to the medical examination,  the administrator of the fund may suspend payment of the member's pension until the member submits to the medical examination. If the retired member refuses for one year or more to submit to medical examination,  the board of trustees shall revoke the pension of a member retired under this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-810.01 - Internal revenue code qualification

38-810.01.
Internal revenue code qualification
The legislature intends that the plan is a qualified pension plan under section 401 of the internal revenue code,  as amended,  or successor provisions of law,  and that the trust is exempt from taxation under section 501 of the internal revenue code,  as amended. The assets of the fund are held in trust for the exclusive benefit of the members and beneficiaries of the plan. The board may adopt such additional provisions to the plan as are necessary to fulfill this intent.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-810.02 - Statutory construction

38-810.02.
Statutory construction
A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial integrity of the plan,  the legislature intends that the plan as enacted at a particular time be construed and applied as a coherent whole and without reference to any other provision of the plan in effect at a different time.
B. The plan was established in order to provide a uniform,  consistent and equitable statewide program for those eligible elected officials as defined by the plan. A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits. An eligible claimant's right to benefits vests on the date of the member's application for those benefits or the member's last day of employment under the plan,  whichever occurs first.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-810.03 - Compensation limitation; adjustments

38-810.03.
Compensation limitation;  adjustments
A. The annual compensation of each member taken into account for purposes of the plan shall not exceed the following:
1. Beginning January 1,  1996 through December 31,  2001,  one hundred fifty thousand dollars.
2. Beginning January 1,  2002,  two hundred thousand dollars.
B. If compensation under the plan is determined for 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. The board shall adjust the annual compensation limits under this section 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 plan year that begins with or within the calendar year.