reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-304 - Benefits - Frequency of payment - Deficiencies

(a)
All payments of retirement benefits under this subchapter shall be payable semimonthly.
(b)
(1)
In case the fund established by this subchapter should ever become deficient to pay retirement benefits due any persons under this subchapter, the city treasurer shall verify the deficiency.
(2)
This deficiency shall be met by payment from the general funds of the city and proportionately from the general funds of the county if the salary of the judge of the municipal courts in the county is paid partially by the county, in such amount as may be necessary to continue the timely payment of retirement benefits to the persons entitled thereto.
(3)
If funds thereafter accruing under this subchapter accumulate to become sufficient for the payment of benefits, then no further payment shall be made from the general funds of the city unless and until the fund provided by this subchapter should again become deficient and the deficiency is verified by the city treasurer.
Acts 1973, No. 432, § 5; A.S.A. 1947, § 22-918.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-305 - Entitlement to benefits generally

(a)
Any judge, licensed to practice law, of a municipal court established in any county and any clerk of such a municipal court appointed by the judges thereof shall be entitled to the benefits prescribed in this subchapter for such judges and clerks.
(b)
Any judge of a municipal court who is not licensed to practice law shall be entitled to the benefits prescribed in §
24-8-310
.
Acts 1973, No. 432, § 1; 1981, No. 410, § 1; A.S.A. 1947, § 22-914.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-308 - Eligibility for benefits - Twenty years of service

(a)
(1)
Any judge of a municipal court to which this subchapter applies who shall have served at least twenty (20) years in office as municipal judge, irrespective of age, shall be eligible to receive retirement benefits provided by this subchapter.
(2)
If incapacitating illness or disability should occur during the final term of qualifications under these provisions, then the judge so elected shall be eligible at one-half (½) pay as provided in subsection (b) of this section.
(3)
On the death of a municipal judge leaving a surviving spouse who had been married to and living with the judge for at least ten (10) years, the surviving spouse shall be eligible to apply for and shall receive until his or her death or remarriage, benefits as authorized in this subdivision (a)(3) in an amount equal to one-half (½) the retirement benefits to which the deceased judge would have been entitled on the date of his or her death.
(b)
If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.
Acts 1973, No. 432, § 4; 1985, No. 1080, § 1; A.S.A. 1947, § 22-917; Acts 1999, No. 1329, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-309 - Eligibility for benefits - Sixteen years of service as judge and city attorney

Upon the approval of the governing body of the municipality and of the county quorum court if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court who has served or who shall serve at least twelve (12) years in office as municipal judge and who has also served four (4) years or more as city attorney in the same city shall, upon attaining sixty-five (65) years of age, receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.
Acts 1973, No. 432, § 4; 1985, No. 1080, § 1; A.S.A. 1947, § 22-917.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-310 - Eligibility for benefits - Judge unlicensed to practice law

(a)
Any judge of a municipal court who is not licensed to practice law, who has served at least twenty (20) years as municipal judge or police judge, and who resigns, retires, or is succeeded in office shall receive retirement benefits upon attaining sixty (60) years of age.
(b)
These benefits shall continue for and during the remainder of his or her natural life in an amount equal to one-fourth (¼) of the salary payable to him or her at the time he or she resigned, retired, or was succeeded in office.
Acts 1973, No. 432, § 4; 1981, No. 410, § 2; 1985, No. 1080, § 1; A.S.A. 1947, § 22-917.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-311 - Eligibility for benefits - Clerks

(a)
(1)
Any clerk of a municipal court to which this subchapter applies, appointed by the judges of the court, shall be eligible to receive retirement benefits provided by this subchapter who:
(A)
Attains sixty (60) years of age and has served in office as clerk for at least ten (10) years; or
(B)
Has served in office for at least twenty (20) years irrespective of age.
(2)
If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to the clerk at the time of resignation, retirement, or succession in office.
(3)
After the death of the clerk, the surviving spouse of a qualifying court clerk shall be entitled to continue to receive the retirement benefits under this subchapter until the surviving spouse dies or remarries.
(b)
Upon the approval of the governing body of the municipality and following a determination of the actuarial soundness of the fund from which the benefits shall be paid, any court clerk of a municipal court who upon reaching sixty-eight (68) years of age will have served for a minimum of seven (7) years immediately prior to severance from employment may retire with a reduced benefit in an amount equal to seven-tenths (0.7) of the benefits payable under subsection (a) of this section.
(c)
(1)
The board of trustees by resolution may provide retirement benefits to a clerk who is incapacitated due to illness or disability and has served for a minimum of seven (7) years.
(2)
The clerk may retire with a reduced benefit in an amount equal to seven-tenths (0.7) of the benefits payable under subsection (a) of this section.
Acts 1973, No. 432, § 4; 1985, No. 1080, § 1; A.S.A. 1947, § 22-917; Acts 1989, No. 714, § 1; 1991, No. 499, § 1; 2001, No. 1613, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-313 - Vote to pay benefits to certain clerks and spouses of judges

(a)
Upon a three-fourths (¾) vote of the board of trustees established under §
24-8-302
, the fund established under §
24-8-301
et seq. may pay retirement benefits due the following persons:
(1)
Former municipal court clerks who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund; and
(2)
The surviving spouse of a municipal judge who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund.
(b)
This section shall not repeal existing laws of this state relating to the retirement of municipal court judges and municipal court clerks but shall be cumulative to those laws. It shall in no manner affect the right or status of persons receiving or eligible to receive retirement benefits under §
24-8-301
et seq. or under retirement laws effective prior to March 23, 1973.
(c)
In case the fund established by §
24-8-301
et seq. should ever be or become deficient to pay retirement benefits due any person or persons under §
24-8-301
et seq. and those benefits due under this section, the treasurer of the board of trustees shall verify the deficiency, which shall be met by payment from the general funds of the city and proportionately from the general funds of the county if the salary of the judge and the clerk is paid partially by the county until such time as the fund accumulates funds sufficient to pay benefits.
Acts 1987, No. 641, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-314 - Municipal judge filling partial term, etc

(a)
Any judge of a municipal court who was elected countywide to a partial term left vacant by the death of the former judge and who shall have completed the same and subsequently shall have been elected to and completed four (4) consecutive four-year terms and shall at the time of his or her retirement have attained fifty (50) years of age, upon retirement shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her retirement.
(b)
Upon his or her death, his or her surviving spouse shall be entitled for the remainder of his or her natural life, or until he or she remarries, benefits equal to one-half (½) of the retirement benefits which the deceased judge was receiving at the time of his or her death.
Acts 1989, No. 873, § 4.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-317 - Funding for retirement benefits

(a)
(1)
After the repeal of §
24-8-303
providing for the levy of court costs to fund the municipal court judge and clerk retirement fund, a municipality having provided for retirement benefits for municipal court judges and court clerks in accordance with this subchapter shall continue to provide funds for the retirement benefits in this subchapter in accordance with the funding provisions of §
16-10-308(a)
-(d), as long as those provisions allow.
(2)
Those funds and any additional funds provided for by this section and §
24-8-318
, if levied by the municipality, shall be to provide for the retirement benefits in that subchapter.
(b)
The funds for the municipal court judge and clerk retirement fund provided for by §
16-10-308(a)
-(d) and any additional funds for municipal court judge and court clerk retirement benefits provided for by this section and §
24-8-318
, if levied by the municipality, shall be paid to the city treasurer, who shall place them into an account as provided for in this subchapter.
Acts 1997, No. 571, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-318 - Additional funding sources for retirement benefits

(a)
In addition to the funds for the municipal court judges and clerk retirement fund provided for by §
16-10-308(a)
-(d), if the city council or quorum court determines by actuarial valuation that funding is inadequate to meet the financial objective of paying for current and any projected retirement funding obligations, a municipality or county may also add to retirement funding by city ordinance or county ordinance any or all of the following moneys:
(1)
(A)
Up to five percent (5%) of all fines and forfeitures collected by the district court or by the city or county for violations of municipal ordinances, county ordinances, or state laws.
(B)
This five percent (5%) shall not be taken from:
(i)
Court costs collected; and
(ii)
Fines and forfeitures collected for violations of state laws that are designated by law as payable to state agencies or entities;
(2)
An annual contribution from the city's general fund in an amount recommended by actuarial valuation to meet its projected financial obligation; and
(3)
A one-time or occasional lump-sum payment from the city's general fund in an amount determined by the city's governing body, along with any payments or contributions from the county when the city and county share expenses and costs of a countywide court.
(b)
All ordinances passed pursuant to this section shall remain in full force and effect.
Acts 1997, No. 571, § 2; 2003, No. 1765, § 31; 2005, No. 1920, § 1; 2007, No. 177, § 11.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-319 - Benefits

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction:
(1)
The numerator shall be the number of months of actual service under the provisions of this subchapter; and
(2)
The denominator shall be two hundred forty (240) months.
Acts 1999, No. 1066, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-320 - Municipal Court Retirement Transition Group

(a)
Currently, the municipal judges and court clerks in Arkansas are covered under numerous and separate retirement plans run independently by each municipal government. Under Arkansas Constitution, Amendment 80, all municipal courts in existence shall be known as district courts and all judges of those courts shall become district judges effective January 1, 2005.
(b)
The Municipal Court Retirement Transition Group shall be established to review the transition of municipal courts to district courts and to study the impact this transition will have on those retirement benefit plans.
(c)
The group shall consist of:
(1)
Three (3) members of the Joint Committee on Public Retirement and Social Security Programs as appointed by the cochairs of the Joint Committee on Public Retirement and Social Security Programs;
(2)
The Executive Director of the Arkansas Public Employees' Retirement System;
(3)
A representative from the Board of Trustees of the Arkansas Judicial Retirement System appointed by the board;
(4)
The President of the Arkansas Municipal League or a designee;
(5)
The President of the Association of Arkansas Counties or a designee;
(6)
The Director of the Administrative Office of the Courts or a designee; and
(7)
The Director of the Department of Finance and Administration or a designee.
(d)
The group shall determine if any legislation is necessary and shall bring it before the Joint Committee on Public Retirement and Social Security Programs at the Eighty-fourth General Assembly.
Acts 2001, No. 1613, § 4.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 3 - MUNICIPAL JUDGES AND CLERKS GENERALLY (§§ 24-8-301 — 24-8-321) › Section 24-8-321 - Funds closed

(a)
The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004.
(b)
There will be no new members in these funds after December 31, 2004.
Acts 2003, No. 1374, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-403 - Benefits - Frequency of payment - Deficiencies for any judge of municipal court - Proration upon insufficiency of fund for any county municipal judge

(a)
All payments of retirement benefits under this subchapter shall be payable semimonthly.
(b)
(1)
(A)
In case the fund established by this subchapter should ever become deficient to pay retirement benefits due any person under this subchapter, the city treasurer shall verify the deficiency.
(B)
(i)
This deficiency shall be met by payment from the general funds of the city, and proportionately from the general funds of the county if the salaries of the judges of the municipal courts in the county are paid partially by the county, in the amount as may be necessary to continue the timely payment of retirement benefits to the persons entitled thereto.
(ii)
Provided, however, that in the case of a county municipal court judge, the deficiency shall not be met by payment from the general funds of the county.
(2)
If funds thereafter accruing under this subchapter accumulate to become sufficient for the payment of benefits, then no further payment shall be made from the general funds of the city unless and until the fund provided by this subchapter should again become deficient and the deficiency is verified by the city treasurer.
(c)
(1)
In the case of a county municipal court judge, should the fund established under this subchapter be insufficient to pay retirement benefits due any such judge, then the fund shall be prorated among those entitled by the board as may be deemed just and equitable.
(2)
For the purpose of determining how to prorate benefits, the proration shall be considered just and equitable if:
(A)
The board pays the full benefit each month to all eligible retired judges until assets in the fund are depleted for the fiscal year; or
(B)
The board decreases all payments to all eligible retired judges by an equal proportion for the fiscal year.
Acts 1965, No. 19, § 5; 1971, No. 300, § 1; A.S.A. 1947, § 22-945; Acts 1993, No. 585, § 3; 1995, No. 793, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-404 - Entitlement to benefits generally

Any judge of a municipal court or county municipal court, licensed to practice law, established in any county having a population of one hundred fifty thousand (150,000) or more, according to the most recent federal census, in which county there are two (2) or more municipal courts, and any clerk of such a municipal court appointed by the judges thereof shall be entitled to the benefits established by this subchapter.
Acts 1965, No. 19, § 1; 1969, No. 102, § 1; A.S.A. 1947, § 22-941; Acts 1993, No. 585, § 4; 1993, No. 586, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-405 - Eligibility for benefits - Regular and disability retirement - Surviving spouses' rights

(a)
A judge of a municipal court upon reaching sixty-eight (68) years of age and having served for a minimum of seven (7) years immediately prior to retirement may retire.
(b)
(1)
If incapacitating illness or disability should occur during any term to which a judge has been elected, he or she shall be eligible to retire at one-half (½) pay as provided in this section.
(2)
The retirement salary to be paid to the retiree shall be one-half (½) of the salary being paid at the time of retirement for and during his or her natural life.
(c)
Notice of retirement shall be in writing and sent to the chair of the board of trustees who, upon finding that the applicant meets the requirements of this subchapter, shall authorize the secretary of the board to issue vouchers in payment to the applicant in accordance with the provisions of this subchapter for and during the natural life of the applicant.
(d)
(1)
Upon the death of a judge receiving, or eligible to receive, retirement benefits under this subchapter, leaving a surviving spouse, there shall be paid to the surviving spouse for the remainder of his or her natural life, or until he or she remarries, a sum equal to one-half (½) of the retirement pay which the deceased judge was receiving, or would have been eligible to receive, at the time of his or her death.
(2)
Upon the death of a judge while serving in that capacity, leaving a surviving spouse who has been married to and living with the judge for at least five (5) years immediately preceding his or her death, the surviving spouse, if not remarried prior thereto, shall, upon reaching fifty (50) years of age, be entitled to and shall receive, until his or her death or remarriage, benefits in an amount equal to one-half (½) of the retirement benefits to which the deceased judge would have been entitled had he or she been eligible for retirement on the date of his or her death.
Acts 1965, No. 19, § 2; 1967, No. 126, § 1; 1973, No. 229, § 1; 1977, No. 721, § 2; A.S.A. 1947, § 22-942.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-406 - Eligibility for benefits for any judge of municipal court or county municipal court prior to 1995 - Eligibility for benefits for county municipal judge after 1995

(a)
(1)
Any judge of a municipal court or county municipal court prior to January 1, 1995, to which this subchapter applies who shall attain fifty (50) years of age and who shall have served at least sixteen (16) years in office as municipal judge, or at least sixteen (16) years combined service as municipal judge and deputy prosecuting attorney, shall be eligible to receive retirement benefits provided by this subchapter.
(2)
If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.
(3)
Any county municipal judge who retires under this subchapter effective before January 1, 1995, shall be entitled to continue to participate in and be covered by the county health insurance program.
(b)
(1)
On and after January 1, 1995, any judge of a county municipal court to which this subchapter applies who shall attain sixty-five (65) years of age and who shall have served at least ten (10) years in office as municipal judge, or who shall have served at least twenty (20) years in office as municipal judge, whatever his or her age, shall be eligible to receive retirement benefits provided by this subchapter.
(2)
If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.
Acts 1965, No. 19, § 3; 1969, No. 102, § 2; A.S.A. 1947, § 22-943; Acts 1993, No. 586, § 2; 1995, No. 793, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-407 - Eligibility for benefits - Twenty years of service

(a)
Any judge of a municipal court to which this subchapter applies who shall have served at least twenty (20) years in office as municipal judge, irrespective of age, shall be eligible to receive retirement benefits provided by this subchapter.
(b)
If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.
Acts 1965, No. 19, § 4; 1969, No. 102, § 3; 1975, No. 637, § 1; A.S.A. 1947, § 22-944.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-408 - Eligibility for benefits - Clerks

(a)
(1)
Any clerk of a municipal court to which this subchapter applies, appointed by the judge or judges of the court, shall be eligible to receive retirement benefits provided by this subchapter who:
(A)
Attains sixty (60) years of age and has served in office as clerk for at least ten (10) years;
(B)
Attains sixty-five (65) years of age and has served in office for at least eight (8) years; or
(C)
Has served in office for at least twenty (20) years, irrespective of age.
(2)
If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement pay for and during the remainder of the person's natural life in an amount equal to one-half (½) of the salary payable to the clerk at the time of resignation, retirement, or succession in office.
(3)
The governing body of the municipality or the county may by ordinance provide that after the death of the clerk, the surviving spouse of a qualifying court clerk can continue to receive the retirement benefits under this subchapter until the surviving spouse dies or remarries.
(b)
(1)
Any clerk of a municipal court who is covered by the provisions of this subchapter and who has seven (7) or more years of service in any position in the office of the county sheriff shall be entitled to have the service in the office of the county sheriff credited as municipal court clerk service.
(2)
The service so converted shall be treated the same as if it were service as clerk of a municipal court in the county for purposes of determining eligibility for retirement under the provisions of this subchapter.
Amended by Act 2019, No. 84,§ 7, eff. 7/24/2019.
Acts 1965, No. 19, § 4; 1969, No. 102, § 3; 1975, No. 637, § 1; 1979, No. 155, § 1; 1979, No. 660, § 1; A.S.A. 1947, §§ 22-944, 22-948.1; Acts 2001, No. 1613, § 3.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-409 - Clerks' benefits - Actuarial valuations - Transfer of funds

(a)
The city treasurer shall cause an actuarial valuation to be made of the additional liabilities created by §
24-8-408
. In the event the actuary determines that the employee and employer contributions are actuarially insufficient to pay the benefits to retired municipal officers as provided by §
24-8-408
, the city treasurer shall establish accounts and records to identify the estimated contributions and other income available to actuarially fund the members' benefits when they mature and the extent that the city's member liabilities will exceed the amount of employee and employer contributions and interest thereon.
(b)
(1)
The city treasurer shall then calculate with the assistance of the actuary the amount of funds required annually to actuarially fund the additional unfunded liabilities created by §
24-8-408
. He or she shall annually certify to the Chief Fiscal Officer of the State the amount required for the year to establish sufficient funds and reserves to meet the actuarial requirements of the additional benefits.
(2)
The certificate of the Chief Fiscal Officer of the State shall reflect the amount of the annual extra payment to be charged against the municipality, based on the unfunded liabilities with respect to its official and employee members.
(c)
(1)
The Chief Fiscal Officer of the State shall cause the amount so certified to be transferred from the Municipal Aid Fund, from general revenues allocated to that fund for turnback to cities, to the municipality for credit to the municipal court clerks' retirement fund.
(2)
From the general revenues allocated thereto for turnback to municipalities, the Chief Fiscal Officer of the State shall deduct from the Municipal Aid Fund turnback to be received by the city an amount as computed pursuant to this section required to pay retirement benefits for its elected municipal clerk.
(3)
The moneys to be transferred from the Municipal Aid Fund shall not be charged against the total of the Municipal Aid Fund moneys available for distribution to cities, since it is the intent of this section that each city shall pay annually, from its municipal aid general revenues turnback, the amount of money required to meet the unfunded liability deficit in behalf of its city employee members.
Acts 1979, No. 155, § 2; A.S.A. 1947, § 22-944.1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-410 - Benefits

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction:
(1)
The numerator shall be the number of months of actual service under the provisions of this subchapter; and
(2)
The denominator shall be two hundred forty (240) months.
Acts 1999, No. 1066, § 2.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 4 - MUNICIPAL JUDGES AND CLERKS - COUNTIES WITH POPULATION OF 150,000 (§§ 24-8-401 — 24-8-411) › Section 24-8-411 - Funds closed

(a)
The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004.
(b)
There will be no new members in these funds after December 31, 2004.
Acts 2003, No. 1374, § 3.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 5 - MUNICIPAL JUDGES AND CLERKS AND POLICE JUDGES - MISCELLANEOUS PROVISIONS (§§ 24-8-501 — 24-8-506) › Section 24-8-501 - Municipal or police judges

(a)
(1)
Any person who has held office as municipal judge or police judge for a period of thirty (30) years or more shall receive during the remainder of his or her life, as a pension, one-half (½) of the salary payable to the municipal judge of the court he or she served upon his or her retirement from office.
(2)
The pension shall be payable in the same manner as the salary of the municipal judge is paid.
(b)
(1)
Any person who has held the office of municipal judge and, upon retirement, has accumulated not less than twenty (20) years or more of service as municipal judge or police judge shall, upon reaching sixty (60) years of age, receive, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to his or her retirement from office.
(2)
The amount shall be one-half (½) of the salary which was payable to the municipal judge of the court on July 1, 1973, but in no event shall that person receive less than one-half (½) of the annual salary which was paid to him or her at the time of his or her retirement or at the time that he or she was succeeded by another judge.
(3)
The pension shall be payable in the same manner as the salary of the municipal judge is paid.
(4)
Any municipal judge who is entitled to a pension under any previous act shall be entitled to receive his or her pension benefits under this section.
(c)
(1)
Any person who has served four (4) or more years as a member of the General Assembly and has held the office of municipal judge and, upon retirement, has accumulated not less than twelve (12) years of service as municipal judge shall receive, upon reaching sixty (60) years of age, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to retirement from office.
(2)
The amount shall be three-tenths (3/10) of the salary of the present municipal judge, but in no event shall that person receive less than three-tenths (3/10) of the salary which was paid to him or her at the time of his or her retirement or at the time he or she was succeeded by another judge.
(3)
The pension shall be paid in the same manner as provided in this section for judges having twenty (20) years or more of service.
Acts 1953, No. 160, § 1; 1969, No. 279, § 1; 1971, No. 62, § 1; 1973, No. 480, § 1; 1975, No. 998, § 1; A.S.A. 1947, § 22-739; Acts 1995, No. 555, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 5 - MUNICIPAL JUDGES AND CLERKS AND POLICE JUDGES - MISCELLANEOUS PROVISIONS (§§ 24-8-501 — 24-8-506) › Section 24-8-504 - Clerks of city court

(a)
Any clerk of a city court established in any county, appointed by the judges thereof, may be entitled to the benefits prescribed in this section for such clerks.
(b)
(1)
Any clerk of a city court to which this section applies, appointed by the judges of the court, who shall attain sixty (60) years of age and who shall have served in office as clerk for at least ten (10) years, or who shall have served in office for at least twenty (20) years, irrespective of age, may be eligible to receive retirement benefits provided by this section.
(2)
If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of resignation, retirement, or succession in office.
(c)
Upon the approval of the governing body of the city and following a determination of the actuarial soundness of the fund from which the benefits shall be paid, any court clerk of a city court who upon reaching sixty-eight (68) years of age will have served for a minimum of seven (7) years immediately prior to severance from employment may retire with a reduced benefit in an amount equal to seven-tenths (7/10) of the benefit payable under this section.
(d)
The city council or board of directors of each city of the second class may elect by ordinance to establish the retirement system for city court clerks authorized by this section.
Acts 1991, No. 40, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 5 - MUNICIPAL JUDGES AND CLERKS AND POLICE JUDGES - MISCELLANEOUS PROVISIONS (§§ 24-8-501 — 24-8-506) › Section 24-8-505 - Benefits

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction:
(1)
The numerator shall be the number of months of actual service under the provisions of this subchapter; and
(2)
The denominator shall be two hundred forty (240) months.
Acts 1999, No. 1066, § 3.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 5 - MUNICIPAL JUDGES AND CLERKS AND POLICE JUDGES - MISCELLANEOUS PROVISIONS (§§ 24-8-501 — 24-8-506) › Section 24-8-506 - Funds closed

(a)
The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004.
(b)
There will be no new members in these funds after December 31, 2004.
Acts 2003, No. 1374, § 4.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-702 - Definitions

As used in this subchapter:
(1)
"Board" means the Board of Trustees of the Arkansas Judicial Retirement System;
(2)
"Consumer price index" means the Consumer Price Index for all Urban Consumers, as determined by the United States Department of Labor, in effect on January 1, 1999, except that if the consumer price index is subsequently reconstructed in a manner materially changing its character, the board, after receiving the advice of the actuary, shall change the application of the consumer price index so that, as far as practicable, the intent of the use of the consumer price index shall be continued;
(3)
"Executive director" means the Executive Director of the Arkansas Public Employees' Retirement System; and
(4)
"System" means the Arkansas Judicial Retirement System.
Acts 1999, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-703 - Creation of Tier Two Actual Judicial Service Benefit Plan

A Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System is established pursuant to this subchapter.
Acts 1999, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-704 - Membership generally

(a)
Whether elected or appointed to office, all chancery, circuit, and circuit-chancery judges, judges of the Court of Appeals, and justices of the Supreme Court shall participate in the Arkansas Judicial Retirement System.
(b)
A person who becomes a member of the system on or after July 30, 1999, shall participate in the Tier Two Actual Judicial Service Benefit Plan for the system.
(c)
Any active member who was a member of the system before July 30, 1999, shall have until the end of the term of office in which the member is serving on July 30, 1999, to elect coverage under the benefit provisions of this subchapter. A former member who was an active member on December 31, 1998, shall have until July 31, 1999, or ninety (90) days after July 30, 1999, whichever is later, to elect coverage under the benefit provisions of the subchapter. The election shall be made as directed by the Board of Trustees of the Arkansas Judicial Retirement System and shall be irrevocable.
Acts 1999, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-705 - Members electing coverage

(a)
A member electing coverage under this subchapter shall be entitled to:
(1)
A refund to the member for any credited service purchased under the Arkansas Judicial Retirement System together with six percent (6%) interest compounded annually from the date of payment;
(2)
Restoration of service to another state-supported retirement system of any credited service that had been transferred to the Arkansas Judicial Retirement System upon refunding to that system any sums transferred by that system along with six percent (6%) interest compounded annually from the date of the transfer; or
(3)
Substitute purchased service for actual service for which no member contribution was made, as provided under subsection (b) of this section.
(b)
(1)
A member or former member who elects coverage under this subchapter and who has accrued additional actual service prior to the date of transfer but after the date member contributions ceased shall pay to the Arkansas Judicial Retirement System on the effective date of transfer the contributions that would have been paid on the additional actual service at the rate of five percent (5%) of the pay received along with six percent (6%) interest computed annually from the date the contributions would have been paid to the effective date of transfer. However, in no instance, shall the member be required to pay contributions on active service that would exceed the amount required in §
24-8-708
.
(2)
(A)
If the member or former member has actual service for which no member contributions were made, then purchased service may be used to reduce the period of actual service for which payments are due under subdivision (b)(1) of this section. The purchased service may be subtracted from the period of actual service for which contributions were not made and the member or former member shall make payments only on the remaining period. However, purchased service shall not be substituted for contributions required for actual service occurring after the first twenty (20) years of actual service.
(B)
Purchased service substituted for actual service under subsection (b) of this section shall be the most expensive service purchased by the member.
(C)
If the member or former member has credited service remaining after making the substitution allowed under this subsection, the remaining credited service may be refunded under subdivision (a)(1) of this section or restored to another state system under subdivision (a)(2) of this section.
(D)
Any purchased service substituted under this subsection may not be used as credited service in another state-supported system.
Acts 1999, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-706 - Contributions - Members - Refund

(a)
(1)
The contribution of each member of the Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System shall be five percent (5%) of each member's annual salary.
(2)
(A)
A judge or justice who forfeits his or her rights to retirement benefits under §
24-8-710(b)
is not required to continue to pay contributions to the system.
(B)
In the event a judge or justice forfeits his or her rights to retirement benefits under §
24-8-215(c)
, the judge or justice is entitled to receive the principal of the balance of his or her contributions to the system.
(C)
A judge or justice who forfeited his or her rights to retirement benefits under §
24-8-215(c)
is not entitled to any interest accumulated from his or her contributions to the system.
(b)
If a judge or justice ceases to be a member prior to qualifying for retirement benefits, he or she shall be entitled to a refund of all contributions paid by him or her into the system. If a judge or justice who has received a refund returns to covered employment under the Arkansas Judicial Retirement System or a reciprocal system as defined in §
24-2-401
, the person shall be eligible in accordance with methods and procedures established by the Board of Trustees of the Arkansas Judicial Retirement System to repay the refund and restore the service forfeited when the refund was received.
(c)
For purposes of deferring federal and state income tax and pursuant to the provisions of
26 U.S.C. § 414(h)(2)
, as adopted by §
26-51-414
, the state shall pick up the members' contributions to the Judicial Retirement Fund under the Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System. Member contributions picked up by the state shall be paid from the same source of funds used for the payment of salary to a member. A deduction shall be made from each member's salary, equal to the amount of the member's contribution picked up by the employer. For all other purposes, member contributions picked up by the state shall be considered member contributions.
Amended by Act 2023, No. 134,§ 2, eff. 7/1/2023.
Acts 1999, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 8 - RETIREMENT OF JUDGES AND COURT EMPLOYEES (§§ 24-8-101 — 24-8-904) › Subchapter 7 - TIER TWO ACTUAL JUDICIAL SERVICE BENEFIT PLAN (§§ 24-8-701 — 24-8-718) › Section 24-8-707 - Contributions - State

(a)
The state, as employer, shall make contributions to the Arkansas Judicial Retirement System of twelve percent (12%) of the active member payroll.
(b)
The Chief Fiscal Officer of the State is authorized and directed to make annual transfers each July 1 to the Judges Retirement Fund from the Constitutional Officers Fund and the State Central Services Fund in an amount determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section, and further, reduced by the amount of the court cost revenue transferred to the Judges Retirement Fund from the State Administration of Justice Fund in accordance with §
16-10-310
.
Acts 1999, No. 399, § 1; 2001, No. 763, § 4.