Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 4 - ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM (§§ 24-4-101 — 24-4-1109) › Subchapter 7 - PROVISIONS APPLICABLE TO PARTICULAR EMPLOYEES (§§ 24-4-701 — 24-4-752) › Section 24-4-733 - Certain county employees - Early retirement incentives - Definition

(a)
In addition to the provisions of §
24-4-601
et seq.:
(1)
(A)
A county employee who is an active member of the County Division of the Arkansas Public Employees' Retirement System on April 7, 1987, and who is vested for a full age and service annuity and who has credit in the system for three (3) consecutive actual years of service with the county immediately prior to his or her retirement date may choose two (2) of the retirement incentives from subdivisions (a)(1)(B)-(D) of this section, provided the employee retires during the period beginning with April 7, 1987, through January 1, 1988, inclusive. Provided further, an employee who participates in this retirement incentive program is not eligible to accept further employment in which the county or any other county is the employer.
(B)
For the purpose of computing the county employee member's annuity, the member's highest annual salary will be substituted for his or her final average compensation.
(C)
For the purpose of computing the county employee member's annuity, the member will receive additional service credit equal to ten percent (10%) of his or her existing service credit.
(D)
(i)
A county employee member may receive a retirement bonus which is a lump-sum payment equal to ten percent (10%) of the final annual salary of the employee not to exceed five thousand dollars ($5,000).
(ii)
The retirement bonus shall be paid from the contingency reserve fund of the Arkansas Public Employees' Retirement System; and
(2)
(A)
A county employee who is an active member of the county division of the system on April 7, 1987, and who has credit in the system for three (3) consecutive actual years of service with the county immediately prior to his or her retirement date and who has credit for not less than ten (10) actual years of service and has attained fifty-five (55) years of age or has credit for not less than twenty-eight (28) actual years of service regardless of age may choose two (2) of the retirement incentives from subdivisions (a)(2)(B)-(E) of this section, provided the member retires during the period beginning with April 7, 1987, through January 1, 1988, inclusive. Provided further, an employee who participates in this retirement incentive program is not eligible to accept further employment in which the county or any other county is the employer.
(B)
For the purpose of computing the county employee member's annuity, the member's highest annual salary will be substituted for his or her final average compensation.
(C)
If the county employee member is within two (2) years of his or her full annuity age and if the member is eligible for an early reduced annuity as provided by §
24-4-510
or is within two (2) years of having thirty (30) years' actual credited service, then his or her annuity will not be reduced because of early retirement.
(D)
If the county employee member is within two (2) years of attaining the service requirement for a full annuity and has attained his or her full annuity age as provided by §
24-4-508
or is within two (2) years of having thirty (30) years' actual credited service, the member's annuity will not be reduced because of early retirement.
(E)
(i)
A county employee member may receive a retirement bonus which is a lump-sum payment equal to ten percent (10%) of the final annual salary of the employee not to exceed five thousand dollars ($5,000).
(ii)
The retirement bonus shall be paid from the contingency reserve fund of the Arkansas Public Employees' Retirement System.
(b)
No position being vacated as a result of a county employee's retiring pursuant to the provisions of this section shall be filled without the approval by resolution of the quorum court.
(c)
For those elected county constitutional officers who, as members of the county division of the system, would qualify by meeting all the requirements in subsection (a) of this section to retire under the early retirement incentives in subsection (a) of this section by January 1, 1988, the time period in which they may elect to retire shall be extended to the last day of their current terms for which they are serving.
(d)
(1)
Nothing in this section shall be construed to allow an elected official to continue to accumulate salary earnings in the system upon which his or her final annuity shall be based.
(2)
An elected official opting to retire under subsection (c) of this section shall have all contributions to the system terminated on December 31, 1987.
(e)
(1)
As used in this section, "contingency reserve fund" means that amount of the Arkansas Public Employees' Retirement System's assets at cost determined by the annual actuarial valuation to be in excess of the total system benefit liabilities.
(2)
There shall be annual transfers between the employee's accumulation account and the contingency reserve fund as necessary to recognize the actuarially determined balance of that fund.
(f)
Any elected official who qualifies for retirement incentives under this section shall forfeit all retirement benefits if he or she knowingly and willfully misstates the amount of his or her credited service to the system.
Acts 1987, No. 717, §§ 1, 3, 4; 1987 (1st Ex. Sess.), No. 17, § 2; 1991, No. 1141, § 1; 2001, No. 151, § 44.