reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-865.01 - Definition of participant

38-865.01.
Definition of participant
For the purposes of this article,  " participant"  includes a member as defined in section 38-842,  paragraph 31,  subdivision (a),  excluding subdivision (a),  item (vi),  who is hired on or after January 1,  2012 and before July 1,  2017,  who is not covered by the federal old age and survivors insurance system and who is a member of the system.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-867.01 - Rollover distributions and contributions; definitions

38-867.01.
Rollover distributions and contributions;  definitions
A. A lump sum distribution made pursuant to section 38-844.08,  subsection B or section 38-885.01,  subsection J shall be deposited in a separate rollover account for the participant as defined in subsection C,  paragraph 2,  subdivision (a) or (b) of this section and made immediately available for the participant to either withdraw all or any portion of the lump sum deposit or directly transfer all or any portion of the lump sum deposit to an eligible retirement plan as required by section 401(a)(31) of the internal revenue code.
B. A participant as defined in subsection C,  paragraph 2,  subdivision (c) of this section may make a rollover contribution from a qualified plan or an IRA that shall be deposited in a separate rollover account for the participant and made immediately available for the participant to either withdraw all or any portion of the lump sum deposit or directly transfer all or any portion of the lump sum deposit to an eligible retirement plan as required by section 401(a)(31) of the internal revenue code.
C. For the purposes of this section:
1. " IRA"  means an individual retirement account or an individual retirement annuity described in sections 408(a) or 408(b) of the internal revenue code.
2. " Participant"  means any of the following:
(a) A member as defined in section 38-842,  paragraph 31,  excluding subdivision (a),  item (vi),  who is hired before January 1,  2012 and who has elected to enter the deferred retirement option plan established by section 38-844.02.
(b) A member as defined in section 38-881 who has elected to enter the reverse deferred retirement option plan established by section 38-885.01.
(c) An individual who has made a rollover contribution pursuant to subsection B of this section and who is either:
(i) A current employee of an employer as defined in section 38-842 or section 38-881.
(ii) Currently receiving or entitled to receive a pension from the public safety personnel retirement system or the corrections officer retirement plan.
(iii) A former employee who was an active participant,  as defined in section 38-865 or 38-865.01,  in the defined contribution plan who has an annuity account balance or a separate rollover account balance.
3. " Qualified plan"  means an eligible deferred compensation plan under section 457(b) of the internal revenue code that is maintained by a state,  a political subdivision of a state or any agency or instrumentality of a state or a political subdivision of a state,  a tax-qualified retirement plan described in section 401(a) or 403(a) of the internal revenue code or an annuity contract described in section 403(b) of the internal revenue code.
4. " Separate rollover account"  means a fully vested and nonforfeitable separate account maintained under the defined contribution plan for the benefit of a participant who has made a rollover contribution to the plan as authorized by subsection A or B of this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-867.02 - Trustee-to-trustee transfers from system; definitions

38-867.02.
Trustee-to-trustee transfers from system;  definitions
A. A trustee-to-trustee transfer made pursuant to section 38-844.06,  subsection C shall be deposited in a separate transfer account established on behalf of the participant and made immediately available for the participant's beneficiary to either withdraw all or any portion of the deposited monies or directly transfer all or any portion of the monies to an eligible retirement plan in accordance with section 401(a)(31) of the internal revenue code.
B. For the purposes of this section:
1. " Beneficiary"  means the person designated as the beneficiary of a participant's deferred retirement option plan participation account pursuant to section 38-844.07.
2. " Participant"  means a member as defined in section 38-842,  paragraph 31,  subdivision (a),  item (vi),  who has both:
(a) Elected to enter into the deferred retirement option plan established by section 38-844.02.
(b) Died while a participant in the deferred retirement option plan.
3. " Separate transfer account"  means a fully vested and nonforfeitable separate account under the defined contribution plan established by the trustee in accordance with subsection A of this section.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-868 - Contributions; member; employer; applicability of article

38-868.
Contributions;  member;  employer;  applicability of article
A. On or before June 30,  2017,  a participant as defined in section 38-865.01 may make an irrevocable election to opt out of the defined contribution plan established by this article,  which shall be the participant's election for the remainder of the participant's employment with any employer under the system.
B. Beginning July 1,  2017,  a participant as defined in section 38-865.01 in the defined contribution plan shall contribute three percent of the participant's gross pensionable compensation by salary reduction that shall be deposited in the participant's annuity account.
C. Each employer of a participant as defined in section 38-865.01 shall annually make a contribution equal to the following percentages of the participant's gross pensionable compensation:
1. For a participant that is hired in 2012,  for fiscal years 2017-2018 through 2023-2024,  four percent and three percent for each fiscal year thereafter.
2. For a participant that is hired in 2013,  for fiscal years 2017-2018 through 2022-2023,  four percent and three percent for each fiscal year thereafter.
3. For a participant that is hired in 2014,  for fiscal years 2017-2018 through 2021-2022,  four percent and three percent for each fiscal year thereafter.
4. For a participant that is hired in 2015,  for fiscal years 2017-2018 through 2020-2021,  four percent and three percent for each fiscal year thereafter.
5. For a participant that is hired in 2016,  for fiscal years 2017-2018 through 2019-2020,  four percent and three percent for each fiscal year thereafter.
6. For a participant that is hired on or after January 1,  2017 and before July 1,  2017,  for fiscal year 2017-2018,  four percent and three percent for each fiscal year thereafter.
D. If a participant as defined in section 38-865.01 is subsequently covered by the federal old age and survivors insurance system,  the participant and the participant's employer may not make any contributions on the participant's behalf pursuant to this section during the period the participant is covered by the federal old age and survivors insurance system. If at a later time the participant is not covered by the federal old age and survivors insurance system through an employer under the system,  the participant and the participant's employer shall again be required to contribute on behalf of the employee pursuant to this section.
E. All of the provisions of this article apply to a participant as defined in section 38-865.01.
F. For a participant as defined in section 38-865.01,  an employer may choose to pay a portion of the participant's contributions under this section in an amount of not more than the difference between the contribution rate specified under section 38-843 for employees hired on or after January 1,  2012 and before July 1,  2017 and for any employee hired before January 1,  2012.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870 - Definitions

38-870.
Definitions
In this article,  unless the context otherwise requires:
1. " Assets"  means the accumulated resources of the disability program.
2. " Board"  means the board of trustees established by section 38-848.
3. " Compensation" :
(a) For a participant as defined in section 38-865,  paragraph 7,  subdivision (a),  item (i),  has the same meaning prescribed in section 38-842.
(b) For a participant as defined in section 38-865,  paragraph 7,  subdivision (b),  means salary as defined in section 38-881.
4. " Disability program"  or " program"  means the public safety personnel defined contribution retirement plan disability program established by this article.
5. " Local board"  has the same meaning prescribed in section 38-842 or 38-881,  as applicable.
6. " Participant"  means a participant who is in the public safety personnel defined contribution retirement plan and who is a participant as defined in section 38-865,  paragraph 7,  subdivision (a),  item (i) or subdivision (b).
7. " Pensionable compensation"  has the same meaning prescribed in section 38-865.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.01 - Disability program; administration; power and duties of the board; hearing

38-870.01.
Disability program;  administration;  power and duties of the board;  hearing
A. The public safety personnel defined contribution retirement plan disability program is established for participants in the public safety personnel defined contribution retirement plan who either have elected to participate solely in the defined contribution plan established pursuant to article 4.1 of this chapter or are participants as defined in section 38-865,  paragraph 7,  subdivision (b). The board shall administer the disability program.
B. The board may delegate authority to administer the program as it deems necessary and prudent to the administrator employed pursuant to section 38-848.
C. The board,  in the administration,  management and operation of the program,  shall:
1. Account for the operation,  administration and investment expenses and allocate them against investment income.
2. Contract on a fee basis with an actuary to make an actuarial valuation of the program based on the valuation method and valuation assumptions recommended by the actuary and approved by the board. The actuary shall be a member of the American academy of actuaries.
3. Contract on a fee basis with an independent auditing firm to make an annual audit of the accounting records of the fund and file a copy of the audit with the auditor general.
4. Invest the monies in the fund as provided in article 4 of this chapter.
D. The board,  in the administration,  management and operation of the program,  may:
1. Employ services as it deems necessary.
2. Either keep invested monies separate or commingle invested monies as it deems appropriate.
3. Do all acts,  whether expressly authorized,  that may be deemed necessary or proper for the protection of the fund.
4. Determine the rights,  benefits or obligations of any person under this article and afford any person dissatisfied with a determination of the person's rights,  benefits or obligations under this article with a hearing on the determination.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.02 - Disability program trust fund

38-870.02.
Disability program trust fund
A. The disability program trust fund is established for the purpose of paying benefits under and costs of administering the disability program. The trust fund shall be administered by the board.
B. The disability program trust fund consists of all monies paid into the trust fund pursuant to this article,  whether in the form of cash,  securities or other assets,  and all monies received from any other source. Except as provided in subsection C,  paragraph 1 of this section,  the disability program trust fund is exempt from title 44,  chapter 3.
C. Abandoned monies shall revert to the disability program trust fund under the following conditions:
1. Monies in the trust fund are presumed abandoned if the system has taken the required action described in this subsection to identify and locate the apparent owner and the apparent owner as defined in section 44-301 has not communicated in writing with the system and has not otherwise indicated an interest in the monies for the three-year period following the required beginning date of distributions.
2. Before monies are presumed abandoned,  the system shall attempt to contact the apparent owner in writing. If this notice is returned by the postal authority as undeliverable,  each year for three years from the date that distributions should have begun,  the system shall make a good faith attempt to locate the apparent owner,  including contacting any known beneficiary on record with the system,  searching public databases to identify the address of the apparent owner or using the services of a third-party address verification service. If the good faith attempt to locate the apparent owner fails,  monies are presumed abandoned pursuant to this subsection.
3. At the time monies are presumed abandoned pursuant to this subsection,  any other property right accrued or accruing to the apparent owner as a result of the interest in those monies,  and not previously presumed abandoned,  is also presumed abandoned.
4. Interest ceases to accrue on the monies on the date the monies are presumed abandoned.
D. The custody,  management and investment of the disability program trust fund are as prescribed by this article and article 4 of this chapter.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.04 - Employer and participant contributions

38-870.04.
Employer and participant contributions
A. Beginning July 1,  2017,  employers shall contribute the percentage of the gross pensionable compensation of all of the participants under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all benefits under and costs of administering the disability program.
B. Beginning July 1,  2017,  a participant shall contribute a percentage of the participant's gross pensionable compensation equal to the employer contribution for the participant required pursuant to subsection A of this section.
C. The employer shall pay the participant contributions required of participants on account of gross pensionable compensation earned. All employer and participant contributions shall be paid to the board. The board shall allocate the contributions to the disability program trust fund and shall place the contributions in the disability program's depository.
D. Each employer shall certify on each payroll the amount to be contributed to the disability program and shall remit that amount to the board.
E. The department of administration and the treasurer of each county and participating city and town shall transfer to the board the contributions provided for in subsections A and B of this section within ten working days after each payroll date. Contributions transferred after these dates shall include a penalty equal to ten percent per annum,  compounded annually,  for each day that the contributions are late. Delinquent payments due under this subsection,  together with interest charges as provided in this subsection and court costs,  may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or,  at the request of the board,  may be deducted from any other monies,  including excise revenue taxes,  payable to a political subdivision by any department or agency of this state.
F. If more than the correct amount of contributions required is paid by an employer,  proper adjustment shall be made in connection with subsequent payments. The board shall return excess contributions to the employer if the employer requests return of the contributions within one year after the date of overpayment.
G. Participant contributions are not refundable.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.05 - Contribution rate

38-870.05.
Contribution rate
A. Employer contributions shall be a percentage of gross pensionable compensation for each participant,  as the system actuary determines pursuant to this section. The actuary shall make this determination in an annual valuation performed as of June 30. The valuation as of June 30 of a calendar year shall determine the percentage to be applied to compensation for the fiscal year beginning July 1 of the following calendar year. The actuary shall determine the total employer contribution using an actuarial cost method consistent with generally accepted actuarial standards. The total employer contributions shall be equal to the employer normal cost plus the amount required to amortize the past service funding requirement over a period consistent with generally accepted actuarial standards.
B. All contributions made by the employer and allocated to the disability program trust fund established by section 38-870.02 are irrevocable and shall be used as benefits under this article or to pay expenses of the disability program.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.06 - Disability program benefit

38-870.06.
Disability program benefit
A. The local board shall follow the same procedures and method as prescribed in section 38-844,  for a participant who is employed by an employer as defined in section 38-842,  and section 38-886,  for a participant who is employed by an employer as defined in section 38-881,  to determine eligibility for and continuation of a disability benefit and in computing the amount available to the participant. A participant is not eligible for a disability benefit under this article for an ordinary disability as defined in section 38-881. A participant is not eligible for a disability benefit under this article for an ordinary disability as defined in section 38-842.
B. A participant,  as defined in section 38-865,  paragraph 7,  subdivision (a),  item (i),  who meets the requirements for a disability pension as prescribed in section 38-844,  except for an ordinary disability,  shall receive a monthly disability benefit equal to a monthly disability pension that would be provided to a public safety personnel retirement system member who is hired on or after July 1,  2017,  reduced by an amount equal to the monthly annuitized value of the participant's annuity account under article 4.1 of this chapter that does not include a cost-of-living adjustment,  as determined by the board. A participant,  as defined in section 38-865,  paragraph 7,  subdivision (b),  who meets the requirements for a disability pension as prescribed in section 38-886,  except for an ordinary disability,  shall receive a monthly disability benefit equal to a monthly disability pension that would be provided to a corrections officer retirement plan member who is hired on or after July 1,  2018,  reduced by an amount equal to the monthly annuitized value of the participant's annuity account under article 4.1 of this chapter that does not include a cost-of-living adjustment,  as determined by the board. In determining the monthly annuitized offset value of the participant's annuity account under article 4.1 of this chapter to be used in reducing the disability benefit paid pursuant to this section,  the board shall instruct its actuary to calculate the monthly payment that would be paid to the participant assuming the participant had elected a straight life annuity commencing on the participant's date of disability,  using the mortality and interest factors then used by the actuary in determining the valuation of the public safety personnel retirement system or the corrections officer retirement plan,  as applicable.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.07 - Death benefits; survivor or eligible child

38-870.07.
Death benefits;  survivor or eligible child
A. If a participant,  as defined in section 38-865,  paragraph 7,  subdivision (a),  item (i),  is killed in the line of duty or dies from injuries suffered in the line of duty,  the local board shall follow the same procedures and methods as prescribed in section 38-846 to determine eligibility for and the continuation of a death benefit to a surviving spouse or any eligible child.
B. A surviving spouse or eligible child of a participant as specified in subsection A of this section who meets the requirements for a death benefit as prescribed in section 38-846 shall receive a monthly death benefit equal to a monthly death pension that would be provided to a public safety personnel retirement system member who is hired on or after July 1,  2017,  reduced by an amount equal to the monthly annuitized value of the participant's annuity account under article 4.1 of this chapter that does not include a cost-of-living adjustment,  as determined by the board. In determining the monthly annuitized offset value of the participant's annuity account under article 4.1 of this chapter to be used in reducing the death benefit paid pursuant to this section,  the board shall instruct its actuary to calculate the monthly payment that would be paid to the surviving spouse or eligible child assuming the participant had elected a straight life annuity commencing on the participant's date of death,  using the mortality and interest factors then used by the actuary in determining the valuation of the public safety personnel retirement system.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-870.08 - Death benefits; surviving spouse; eligible child

38-870.08.
Death benefits;  surviving spouse;  eligible child
A. If a participant,  as defined in section 38-865,  paragraph 7,  subdivision (b),  is killed in the line of duty or dies from injuries suffered in the line of duty,  the local board shall follow the same procedures and methods as prescribed in section 38-888 to determine eligibility for and the continuation of a death benefit to a surviving spouse or any eligible child.
B. A surviving spouse or eligible child of a participant as specified in subsection A of this section who meets the requirements for a death benefit as prescribed in section 38-888 shall receive a monthly death benefit equal to a monthly death pension that would be provided to a corrections officer retirement plan member who is hired on or after July 1,  2018,  reduced by an amount equal to the monthly annuitized value of the participant's annuity account under article 4.1 of this chapter that does not include a cost-of-living adjustment,  as determined by the board. In determining the monthly annuitized offset value of the participant's annuity account under article 4.1 of this chapter to be used in reducing the death benefit paid pursuant to this section,  the board shall instruct its actuary to calculate the monthly payment that would be paid to the surviving spouse or eligible child assuming the participant had elected a straight life annuity commencing on the participant's date of death,  using the mortality and interest factors then used by the actuary in determining the valuation of the corrections officer retirement plan.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-871 - Deferred compensation governing committee; members; powers and duties

38-871.
Deferred compensation governing committee;  members;  powers and duties
A. The governing committee for deferred compensation plans is established that consists of the following seven members:
1. Three members who are appointed by the governor and who are either of the following:
(a) Individuals who have an account balance in a deferred compensation plan that is overseen by the governing committee. These individuals may be contributing or noncontributing participants in a deferred compensation plan and may be retired or nonretired.
(b) Members of the public who are not deferred compensation plan participants and who have at least ten years of relevant experience in either finance,  investment management,  pension plans or retirement plans.
2. The director of the department of administration or the director's designee.
3. The deputy director of the financial institutions division of the department of insurance and financial institutions or the deputy director's designee.
4. The director of the department of insurance and financial institutions or the director's designee.
5. The director of the Arizona state retirement system or the director's designee.
B. Governing committee members are subject to the conflict of interest provisions of chapter 3,  article 8 of this title.
C. The governing committee may:
1. Investigate and approve deferred compensation plans that give state employees income tax benefits authorized by title 26,  United States Code Annotated.
2. In carrying out the purposes of this article,  enter into agreements with companies with demonstrable expertise in the areas encompassed by this article.
3. Adopt rules.
D. The governing committee shall:
1. Arrange for consolidated billing and efficient administrative services so that any plans approved operate without cost or contribution from this state except for the incidental expenses of statutorily required administrative duties and the administration of payroll salary deduction or reduction and remittance of the monies to the administrator,  trustee or custodian of the plan or plans.
2. Meet quarterly or more frequently as the committee deems necessary.
3. Arrange for an annual financial audit of the plans.
4. Arrange for a performance review of the plans or participation in benchmarking surveys or studies at least every five years.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-875 - Definitions

38-875.
Definitions
In this article,  unless the context otherwise requires:
1. " Board"  means the board of trustees of the public safety personnel retirement system established by section 38-848.
2. " Deferred compensation plan"  means an eligible deferred compensation plan as defined in section 457(b) of the internal revenue code.
3. " Employer"  means any entity that participates as an employer in a retirement system or plan that is administered by the board.
4. " Participant"  means any individual who is employed by an employer and who is enrolled in one of the retirement systems or plans administered by the board.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-876 - Deferred compensation plan; administration

38-876.
Deferred compensation plan;  administration
A. The board shall establish,  design and administer a deferred compensation plan in which a participant may participate.
B. The board,  in the administration,  management and operation of the deferred compensation plan,  may:
1. Employ services as it deems necessary,  including legal services,  for the operation and administration of the deferred compensation plan.
2. Administer the deferred compensation plan through contracts with multiple vendors.
3. Perform all acts that it deems necessary and proper for the operation and protection of the deferred compensation plan.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-877 - Voluntary participation; authorization; payroll salary deductions; employer contributions

38-877.
Voluntary participation;  authorization;  payroll salary deductions;  employer contributions
A. A participant may participate in the deferred compensation plan established pursuant to this article. A participant in the deferred compensation plan shall authorize the participant's employer in writing to make reductions or deductions in the participant's remuneration as provided in an executed deferred compensation agreement.
B. Each employer shall initiate payroll salary reductions or deductions for the deferred compensation plan as directed by their employees who are participating in the deferred compensation plan.
C. An employer may make contributions to the deferred compensation plan as selected by the employer and allowed by law.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-878 - Effect of participation

38-878.
Effect of participation
A. Any benefits provided pursuant to this article are in addition to any other benefits provided for the participants and are supplemental to any other retirement plan under which such participants participate.
B. Any income deferred under the deferred compensation plan are included as regular compensation for the purpose of computing the retirement and pension benefits earned by an employee participating in the deferred compensation plan and in any other plan maintained by the employee's employer,  unless specifically excluded under the other plan or the state laws governing such other plan.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-882 - Corrections officer retirement plan and fund; administration

38-882.
Corrections officer retirement plan and fund;  administration
A. The corrections officer retirement plan and the corrections officer retirement plan fund are established.
B. The fund consists of the monies and assets generated by the operation of the retirement plan. The fund shall be used exclusively to pay benefits to and on behalf of members and beneficiaries in accordance with the provisions of this article and to pay the administration,  operation and investment expenses of the plan and fund. In no case shall all or any portion of the fund revert or otherwise be paid to an employer.
C. The board is entitled to administer,  manage and operate the plan and fund.
D. The corrections officer retirement plan is a jural entity that may sue and be sued.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-883 - Board of trustees; powers and duties; reporting requirements

38-883.
Board of trustees;  powers and duties;  reporting requirements
A. The board shall:
1. Maintain records of the operation and administration of the plan and fund.
2. Contract on a fee basis for an independent annual audit of the accounting records of the plan and fund and file a copy of the audit report with the auditor general.
3. Employ on a fee basis an independent firm of actuaries to perform annual actuarial valuations for each participating employer of the plan and fund based on an actuarial cost method and actuarial assumptions recommended by the actuary and adopted by the board. The actuarial valuations shall be performed by or under the direct supervision of an actuary who is a member of the American academy of actuaries. By November 1 of each year,  the board shall provide a preliminary report and by December 1 of each year provide a final report to the governor,  the speaker of the house of representatives and the president of the senate on the contribution rate for the ensuing fiscal year.
4. Invest and reinvest the monies and assets of the fund in accordance with the investment provisions of the public safety personnel retirement system. The board may commingle securities and monies of the fund subject to the crediting of receipts and earnings and charging of payments to the account of the appropriate employer.
5. Submit a detailed annual report of the operation and investment performance of the plan and fund to the governor,  the legislature and the members of the plan. The board shall submit the annual report not later than six months after the end of the fiscal year to which it pertains.
B. The board of trustees may:
1. Employ services it deems necessary,  including legal services,  for the operation and administration of the plan and fund.
2. Utilize separate or commingled investment vehicles.
3. Delegate authority to the administrator employed pursuant to section 38-848,  subsection M,  paragraph 6.
4. Appear before local boards and the courts and political subdivisions of this state through counsel or appointed representatives to protect the fund. The board of trustees is not responsible for the actions or omissions of the local boards under this plan but may seek review or a rehearing of actions or omissions of local boards. The board of trustees does not have a duty to review actions of the local boards but may do so,  in its discretion,  in order to protect the fund.
5. Perform all acts,  whether or not expressly authorized,  that it deems necessary and proper for the protection of the plan and fund.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-884.01 - Reinstatement of credited service; effect of prior law

38-884.01.
Reinstatement of credited service;  effect of prior law
A. A member who received a severance refund on termination of employment as provided in section 38-884,  who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-884 or a member who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the following times for the specified situations:
1. At the time of the member's reemployment if the member is reemployed by an employer other than the same employer.
2. At the time of the member's reemployment if the member is reemployed by the same employer at least ninety days after the date of termination.
3. At the time of the member's most recent termination if the member is reemployed by the same employer in any capacity within ninety days after the date of termination.
B. Subsection A of this section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.
C. If a member was initially employed on or after July 1,  2018,  regardless of whether the member received a severance refund or redeposits the amount withdrawn with interest,  the member shall return to the plan as irrevocably elected pursuant to section 38-881.01.
D. A member who transfers credited service from one employer to another employer pursuant to section 38-908 retains the benefits and duties in effect at the time of the member's transfer.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-885.02 - Early retirement

38-885.02.
Early retirement
Members who are hired on or after July 1,  2018 and who have earned at least ten years of credited service may retire at fifty-two and one-half years of age and will receive an actuarially equivalent retirement benefit to the benefit amount prescribed in section 38-885,  subsection F.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-887 - Pension to surviving spouse of deceased retired member

38-887.
Pension to surviving spouse of deceased retired member
The surviving spouse of a deceased retired member is entitled to receive a surviving spouse's pension if the spouse was married to the member for a period of at least two consecutive years at the time of the member's death. Payment of a surviving spouse's pension commences as of the last day of the month following the retired member's date of death. The last payment shall be made as of the last day of the month in which the surviving spouse's death occurs. The amount of pension paid a surviving spouse is equal to four-fifths of the amount of the deceased retired member's pension at the time of death. The surviving spouse shall file a written application with the plan in order to receive the survivor benefit.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-888 - Pension to the surviving spouse of a member

38-888.
Pension to the surviving spouse of a member
A. The surviving spouse of a deceased member is entitled to receive a surviving spouse's pension if the spouse was married to the member on the date of the member's death. Payment of a surviving spouse's pension commences as of the last day of the month following the member's date of death. The last payment shall be made as of the last day of the month in which the surviving spouse's death occurs. The amount of a surviving spouse's pension is forty percent of the deceased member's average monthly salary or four-fifths of what the deceased member's pension would have been on the date of death had the member been retired,  whichever is greater. The surviving spouse shall file a written application with the plan in order to receive the survivor benefit.
B. The surviving spouse of a deceased member who is killed in the line of duty or dies from injuries suffered in the line of duty is entitled to receive a monthly amount equal to the deceased member's average monthly benefit compensation. For the purposes of this subsection,  " killed in the line of duty"  means the decedent's death was the direct and proximate result of physical injuries incurred in the performance of the decedent's public safety duties and does not include suicide.
C. If a deceased member does not have an eligible surviving spouse or the pension of the eligible surviving spouse is terminated,  each eligible child is entitled to a child's pension as calculated pursuant to section 38-904.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-889 - Guaranteed minimum aggregate payout

38-889.
Guaranteed minimum aggregate payout
If all pension payments permanently terminate before an aggregate amount equal to the retired member's or deceased member's accumulated member contributions has been paid,  the difference between the amount of accumulated member contributions and the aggregate amount of pension payments made shall be paid to the individual or individuals whom the member may have named on a form provided by and filed with the retirement plan. If no such named individual survives,  the difference shall be paid to the legal representative of the last surviving individual who was being paid a pension or the last surviving named individual.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-890 - Pensions; commencement and duration

38-890.
Pensions;  commencement and duration
A. A normal retirement pension,  an accidental disability pension,  a total and permanent disability pension or an ordinary disability pension commences on the first day of the calendar month next following the member's date of retirement. A survivor pension commences on the first day of the calendar month next following the month in which the death causing payment of the pension occurs.
B. Termination of payment of a pension occurs at the end of the calendar month in which the event causing the termination occurred. The payment shall be made for the full month of termination.
C. A change in the amount of a pension occurs on the first day of the calendar month next following the date of the event causing the change.
D. The plan shall make payments pursuant to section 401(a)(9) of the internal revenue code and the regulations that are issued under that section. Notwithstanding any other provision of the plan,  beginning January 1,  1987 payment of benefits to a member shall commence not later than April 1 of the calendar year following the later of:
1. The calendar year in which the member attains seventy-two years of age.
2. The date the member terminates employment.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-891.01 - Retired member; return to work; employer contributions

38-891.01.
Retired member;  return to work;  employer contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an employee of the employer in a designated position. This section applies to a retired member who has been retired for more than six consecutive months.
B. The alternate contribution rate shall be equal to that portion of the individual employer's total required contribution that is applied to the amortization of the unfunded actuarial accrued liability for the fiscal year beginning July 1,  based on the fund's actuary's calculation of the total required contribution for the preceding fiscal year ended on June 30. The alternate contribution rate shall be applied to the compensation,  gross salary or contract fee of a retired member who meets the requirements of this section.
C. The alternate contribution rate shall not be less than six percent in any fiscal year.
D. All contributions made by the employer and allocated to the fund established by section 38-882 are irrevocable and shall be used as benefits under this article or to pay the expenses of the plan. Payments made pursuant to this section by employers become delinquent after the due date prescribed in section 38-891,  subsection C,  and thereafter shall be increased by interest from and after that date until payment is received by the plan.
E. An employer of a retired member shall submit any reports,  data,  paperwork or materials that are requested by the board and that are necessary to determine the compensation,  gross salary or contract fee associated with a retired member who returns to work or to determine the function,  use,  efficacy or operation of the return to work program.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-892 - Internal revenue code section 414(h) pickup of member contributions

38-892.
Internal revenue code section 414(h) pickup of member contributions
Each participating employer shall pick up the contributions required of members on account of compensation paid after the effective date specified in the resolution of the board activating the provisions of this section. The picked up contributions shall be treated as participating employer contributions for the purpose of tax treatment under the United States internal revenue code. The specified effective date shall not be before the date the retirement plan receives notification from the internal revenue service that pursuant to section 414(h) of the internal revenue code the member contributions picked up shall not be included in gross income for income tax purposes until the time that the picked up contributions are distributed by refund or pension payments. The participating employers shall pick up the member contributions from funds established and available in a retirement deduction account,  which funds would otherwise have been designated as member contributions and paid to the retirement plan. Member contributions picked up pursuant to this section shall be treated for all other purposes,  in the same manner and to the same extent,  as member contributions made before the effective date.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-893.01 - Voluntary local board consolidation; membership; duties

38-893.01.
Voluntary local board consolidation;  membership;  duties
A. A local board may enter into an intergovernmental agreement with other local boards to consolidate the boards for the respective employers.
B. The consolidated local board shall work with the board of trustees to ensure that the new board is duly empaneled consistent with the representation outlined in section 38-893,  subsection A and that all appointments or elections for local board members are completed in a timely manner. The consolidated local board shall submit to the board of trustees the names of the members of the consolidated local board and the consolidated local board's secretary and independent legal counsel and shall submit any changes to those positions within ten days after the change.
C. The consolidated local board shall decide eligibility for membership and disability and in the line of duty death benefits and have all of the duties and responsibilities of a local board pursuant to this article.
D. Within one hundred eighty days after appointment or election,  all consolidated local board members and the local board's secretary shall complete local board training as prescribed by the board of trustees,  including open meeting laws,  ethics,  legal review and fiduciary responsibilities and duties. The local board's independent legal counsel shall review the model uniform rules for local board procedure that are issued by the board of trustees.
E. The local board's independent legal counsel may not be employed by or contracted with the employer or any employee organizations. The independent legal counsel may not represent a member of the plan before any local board or any judicial appeal of a local board decision.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-894 - Financial objective of the retirement plan; participating employer contributions

38-894.
Financial objective of the retirement plan;  participating employer contributions
A. The financial objective of the retirement plan is to receive contributions each fiscal year which are sufficient to both:
1. Fund the actuarial cost of benefits likely to be paid on account of credited service earned by members during the fiscal year.
2. Fund the unfunded actuarial cost of benefits likely to be paid on account of credited service earned by members before the fiscal year over a period of not more than forty years. Contribution requirements shall be determined by an annual actuarial valuation using a generally recognized level per cent of payroll actuarial cost method.
B. The board may require an employer that proposes to become a participating employer after the plan has been in operation for more than one year to make supplemental contributions based on the excess of the actuarial costs associated with the proposed participation over the actuarial costs of the plan indicated by the last annual actuarial valuation of the plan. The amount of supplemental contributions shall be determined by actuarial valuation. The board may pay the cost of the actuarial valuation or may require the employer to pay the cost.
C. The board shall certify to each participating employer the amount of annual contribution needed to meet the financial objective and the participating employer shall appropriate and cause the contribution to be paid to the retirement plan.
D. Payment of contributions shall be made in accordance with the schedule adopted by the board. Payments not made in a timely manner are subject to an interest charge at rates established by the board.
2023 Arizona Revised Statutes › Title 38 - Public Officers and Employees › § 38-895 - Maximum annual pension; limitations; definition

38-895.
Maximum annual pension;  limitations;  definition
A. The maximum annual pension for a limitation year shall not exceed the following:
1. For limitation years beginning before 1995,  the lesser of ninety thousand dollars,  as indexed for inflation,  or one hundred per cent of the member's average monthly salary.
2. For limitation years beginning in 1995 and ending before 2002,  ninety thousand dollars,  as indexed for inflation.
3. For limitation years beginning in and after 2002,  one hundred sixty thousand dollars,  as indexed for inflation.
B. The limitations prescribed in subsection A shall be determined under section 415 of the internal revenue code and the regulations that are then in effect under that section.
C. Notwithstanding this section,  the pension payable under this plan may be reduced to the extent necessary,  as determined by the plan,  to prevent disqualification of the plan under section 415 of the internal revenue code,  which imposes additional limitations on the pension payable to members who also may be participating in another tax qualified pension plan or other plan of this state. The plan shall advise affected members of any additional limitation of their pension required by this section.
D. For the purposes of this section,  " limitation year"  means the plan's fiscal year.