Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 10 - ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (§§ 24-10-101 — 24-10-709) › Subchapter 5 - CREDITED SERVICE (§§ 24-10-501 — 24-10-510) › Section 24-10-504 - Forfeiture and restoration

(a)
(1)
When a member is no longer employed by any employer in covered employment, he or she shall cease to be a member of the Arkansas Local Police and Fire Retirement System.
(2)
Except as otherwise provided in this chapter, upon termination of his or her membership his or her credited service shall be forfeited by him or her.
(3)
If the person becomes reemployed by any employer in covered employment, he or she shall again become a member of the system under subdivision (a)(4) of this section.
(4)
Upon his or her reemployment, his or her credited service last forfeited by him or her shall be restored to his or her credit, but only if he or she returns to the system the amount, if any, he or she withdrew from the system, together with regular interest from the date of withdrawal to the date of repayment.
(b)
(1)
Upon a member's retirement, he or she shall cease to be a member.
(2)
Except under subdivision (b)(3) of this section or as otherwise provided in this chapter, he or she shall not again become a member of the system.
(3)
Upon a member's retirement for a period of not less than ninety (90) days, the member may return to volunteer service with a covered employer and may continue to draw the retirant's annuity if the retirant desires to return to the covered employer and voluntarily waives further service credit in the system or in any other police or firefighter-related pension fund.
(c)
(1)
Should a former member entitled to a vested annuity provided for in §
24-10-611
reenter covered employment before becoming a retirant, he or she shall cease to be entitled to a vested annuity and shall become a member, with his or her previous credited service reactivated and to be increased by the reemployment.
(2)
(A)
If a former member entitled to a vested annuity under §
24-10-611
reenters covered employment after becoming a retirant, the former member may again become a member with previous credited service restored and increased by the period of reemployment, but only if the former member:
(i)
Was not a participant in the Local Police and Fire Deferred Retirement Option Plan under §
24-10-701
;
(ii)
Was a retirant for at least thirty (30) days; and
(iii)
Remains reemployed for at least twelve (12) months.
(B)
During the time of reemployment, the retirement benefits shall not be paid.
(C)
The former member may exercise the reemployment option under this subdivision (c)(2) one (1) time only.
(D)
(i)
At the end of the period of reemployment, the retirement benefit will be recalculated using service time, including the reemployment service, and final average pay.
(ii)
However, the final average pay shall be the same final average pay used initially to calculate the retirement benefit unless the period of reemployment lasts at least thirty-six (36) months, in which case the final average pay will be recalculated as defined under §
24-10-102(17)
.
(d)
(1)
Upon the retirement of a member whose credited service results from employment with more than one (1) employer, the amount of his or her annuity shall be based upon his or her total credited service in force at the time of his or her retirement and his or her final average pay during the total credited service.
(2)
Each employer shall be responsible financially, within the provisions of this chapter, for the portion of the annuity based upon the service credited the member for employment with the employer, and the benefit program to be applied to each portion of credited service shall be the benefit program the employer had in effect at the time the member left the employment of the employer.
(e)
(1)
Regardless of whether a retirant was a participant in the Local Police and Fire Deferred Retirement Option Plan or retired under §
24-10-606
, a retirant may return to employment after he or she retires if the retirant:
(A)
Was a retirant for at least ninety (90) days;
(B)
In a manner prescribed by the system, waives his or her right to any benefit accrual, including without limitation a benefit provided under §
24-10-607
; and
(C)
Either:
(i)
Returns to a covered employer other than the covered employer or covered employers from which he or she retired; or
(ii)
(a)
Returns to employment in an entry level position with the covered employer from which he or she retired.
(b)
Subdivision (e)(1)(C)(ii)
(a)
of this section does not apply to a retirant who returns to employment in a position appointed by a mayor, city manager, or city administrator.
(2)
A member contribution shall not be required during the period of a retirant's reemployment under this section.
(3)
An employer shall report to the system, in a manner prescribed by the system, that a retirant is an employee of the employer no later than ten (10) calendar days from the date on which the retirant returns to employment with the employer under this section.
(4)
(A)
The Board of Trustees of the Arkansas Local Police and Fire Retirement System shall charge an employer of a retirant who returns to employment under this section an employer contribution.
(B)
An employer shall remit to the system, in a time and manner prescribed by the system, the employer contribution charged to the employer by the board.
(C)
The board may assess penalties according to its rules against an employer who fails to comply with the reporting requirements described in subdivision (e)(3) of this section.
(5)
The employer contributions and applicable penalties charged or assessed under this section shall not be eligible for participation in funding with or the receipt of premium tax revenues provided under §
24-11-214
.
(6)
This subsection does not apply to a retirant who retires under the provisions of §
24-10-607
.
(7)
A retirant who retired before January 1, 2020, may return to employment as provided by this subsection.
Amended by Act 2021, No. 344,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 344,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 988,§ 1, eff. 1/1/2020.
Amended by Act 2013, No. 40,§ 7, eff. 2/6/2013.
Acts 1981, No. 364, § 4; A.S.A. 1947, § 12-3804; Acts 1999, No. 710, § 1; 2003, No. 476, § 1; 2003, No. 1733, § 1.
See Act 2019, No. 988, § 3.