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 24-5-125 - Eligibility to receive increase in benefits

(a)
(1)
In order to help offset the cost of health insurance and health care, a member who is receiving benefits from the Arkansas State Highway Employees' Retirement System before, on, or subsequent to July 1, 1999, shall have added to his or her annuity as determined under §
24-5-115
no less than the sum of one hundred twenty-five dollars ($125) per month, provided that:
(A)
The Board of Trustees of the Arkansas State Highway Employees' Retirement System may elect and is granted the authority to increase that additional monthly sum to all such eligible individuals in an amount determined by the board as necessary to help offset the ever-escalating costs of health insurance and health care;
(B)
The additional monthly sum shall not exceed two hundred fifty dollars ($250) per month; and
(C)
A member who initiates receiving benefits:
(i)
July 1, 2005, through June 30, 2009, has at least five (5) years of service in the system; or
(ii)
July 1, 2009, has at least ten (10) years of service in the system.
(2)
No benefit enhancements provided by this section shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization.
(3)
(A)
A member beginning participation in the Arkansas State Highway Employees' Deferred Retirement Option Plan after June 30, 2021, shall be ineligible to receive the amount described in subdivision (a)(1) of this section added to his or her annuity to offset the cost of health insurance and health care.
(B)
A member participating in the Arkansas State Highway Employees' Deferred Retirement Option Plan shall be eligible to receive the amount described in subdivision (a)(1) of this section added to his or her annuity to offset the cost of health insurance and health care if:
(i)
The member ceases participation in the Arkansas State Highway Employees' Deferred Retirement Option Plan;
(ii)
The member terminates his or her employment with the Arkansas Department of Transportation; and
(iii)
Annuity benefit payments to the member begin.
(b)
In its discretion, the board may prorate the benefits provided under this section for any individual retiring after June 30, 1999, but before July 1, 2009, if the individual is also eligible for an additional monthly benefit as a result of credited service under one (1) or more of the other reciprocal systems, as such systems are enumerated in §
24-2-401
.
(c)
A member who initiates receiving benefits on or after July 1, 2009, shall be eligible for a minimum increase in benefits as determined under §
24-5-115
under the following schedule:
(1)
A member who has accrued ten (10) years but less than fifteen (15) years of service in the system is eligible to receive sixty percent (60%) of the healthcare offset as provided in subdivision (a)(1) of this section;
(2)
A member who has accrued fifteen (15) years but less than twenty (20) years of service in the system is eligible to receive eighty percent (80%) of the healthcare offset as provided in subdivision (a)(1) of this section;
(3)
A member who has accrued twenty (20) years or more of service in the system is eligible to receive one hundred percent (100%) of the healthcare offset as provided in subdivision (a)(1) of this section; and
(4)
If the member is receiving retirement benefits as a result of credited service under one (1) or more of the reciprocal systems, as such systems are enumerated in §
24-2-401
, the board shall prorate the benefits provided under this section for all members retiring after August 16, 2013.
(d)
Nothing contained in this section shall require the system to pay any portion of the benefits provided for in this section.
(e)
Members from a reciprocal system will continue to receive their current benefits they are receiving under this section.
(f)
(1)
Beginning on July 1, 2019, §
24-5-119
shall not apply to an additional monthly benefit that is available to a member under this section.
(2)
(A)
A member shall continue to receive any previous increases to an additional monthly benefit that he or she received under §
24-5-119
before July 1, 2019.
(B)
Section
24-5-119
shall apply to all previous increases to an additional monthly benefit that a member received under §
24-5-119
before July 1, 2019.
Amended by Act 2021, No. 150,§ 1, eff. 7/1/2021.
Amended by Act 2019, No. 294,§ 1, eff. 7/24/2019.
Amended by Act 2013, No. 309,§ 3, eff. 8/16/2013.
Amended by Act 2013, No. 309,§ 2, eff. 8/16/2013.
Acts 1991, No. 245, §§ 1-3; 1999, No. 311, § 1; 1999, No. 1066, § 7; 1999, No. 1325, § 8; 2005, No. 144, § 1; 2009, No. 439, § 1.