Arkansas Code of 1987 (2023) › Title 24 - RETIREMENT AND PENSIONS (§§ 24-1-101 — 24-12-204) › Chapter 6 - STATE POLICE RETIREMENT (§§ 24-6-101 — 24-6-508) › Subchapter 4 - TIER TWO BENEFIT PLAN (§§ 24-6-401 — 24-6-416) › Section 24-6-405 - Eligibility for benefits - Disability retirement

(a)
(1)
(A)
Upon application filed with the Board of Trustees of the State Police Retirement System by a member or by the Director of the Division of Arkansas State Police on behalf of a member, a member who is in the employ of the Division of Arkansas State Police, who has five (5) or more years of actual service, and who becomes totally and permanently incapacitated for duty in the employ of the division by reason of personal injury or disease may be retired by the Board of Trustees of the State Police Retirement System, but only after a medical examination of the member.
(B)
This examination shall be made by or under the direction of a board of medical professionals as defined in the rules of the Board of Trustees of the State Police Retirement System, using the active duty criteria supplied by the division in determining the extent of the disability.
(2)
The five-years-of-service requirement contained in this subsection shall not apply to a member whom the Board of Trustees of the State Police Retirement System finds to be in receipt of workers' compensation for his or her disability arising solely and exclusively out of and in the course of his or her employment with the division.
(b)
Upon his or her retirement upon account of disability as provided in subsection (a) of this section, a member shall receive a disability pension computed according to the contributory provisions of §
24-6-214
or the noncontributory provisions of §
24-6-227
, as applicable.
(c)
(1)
At least one (1) time each year during the first five (5) years following a member's retirement on account of disability and at least one (1) time in every three-year period thereafter, the Board of Trustees of the State Police Retirement System may, and upon the retirant's application shall, require any disability retirant who has not attained fifty (50) years of age to undergo a medical examination to be made by or under the direction of the medical professionals designated by the Board of Trustees of the State Police Retirement System.
(2)
If the retirant refuses to submit to a medical examination in any such period, his or her disability pension may be suspended by the Board of Trustees of the State Police Retirement System until his or her withdrawal of his or her refusal.
(3)
If his or her refusal continues for one (1) year, all his or her rights in and to a disability pension may be revoked by the Board of Trustees of the State Police Retirement System.
(4)
If, upon the medical examination of the retirant, the medical professionals designated by the Board of Trustees of the State Police Retirement System report to the Board of Trustees of the State Police Retirement System that the retirant is physically capable of performing the duties of the rank held by him or her at the time of his or her retirement, the retirant shall be returned to the employ of the division, and his or her disability pension shall be terminated.
(d)
(1)
Upon a disability retirant's return to the employ of the division as provided in subsection (c) of this section, his or her service at the time of his or her retirement shall be restored to his or her credit.
(2)
He or she shall be given service credit for the period he or she was receiving a disability pension if within that period he or she was in receipt of workers' compensation on account of his or her division employment.
(e)
In the event a disability retirant who has not attained fifty-five (55) years of age performs personal services in an occupation, business, or employment, his or her disability pension shall be reduced so that the sum of his or her disability pension and the compensation received by him or her from the occupation, business, or employment shall not exceed his or her annual rate of salary at the time of his or her retirement.
Amended by Act 2019, No. 910,§ 6035, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6034, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6033, eff. 7/1/2019.
Acts 1997, No. 1071, § 1; 1999, No. 387, § 4; 2007, No. 404, § 4.