reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 4 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section R2-8-405 - Motion for Rehearing Before the Board; Motion for Review of a Final Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as provided in subsection (H), within 30 days after service of the final
				administrative decision, any aggrieved party in an appealable agency action may
				file with the Board a Motion for Rehearing Before the Board, in writing,
				specifying the particular grounds for rehearing before the Board.
B. Except as provided in subsection (H),
				within 30 days after service of the final administrative decision, any
				aggrieved party of an appealable agency action may file with the Board a Motion
				for Review of a Final Decision, in writing, specifying the particular grounds
				for reviewing the Board's final administrative decision.
C. A
				party may amend a Motion for Rehearing Before the Board or a Motion for Review
				of a Final Decision at any time before the Board rules on the motion. A party
				may file a response within 15 days after the motion or the amended motion is
				filed. The Board may require the filing of written briefs upon the issues
				raised in the motion or the amended motion, and may provide for oral
				argument.
D. The Board may grant a Motion for Rehearing Before
				the Board or a Motion for Review of a Final Decision for any of the following
				causes that materially affects the moving party's rights:
1. Irregularity in the administrative
				proceedings of the agency or the hearing officer, or any order or abuse of
				discretion that deprives the moving party of a fair hearing;
2. Misconduct of the Board, the hearing
				officer, or the prevailing party;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not with reasonable diligence have been discovered and produced at the
				original hearing;
5. Excessive or
				insufficient penalties;
6. Error in
				the admission or rejection of evidence or other errors of law occurring at the
				administrative hearing or during the process of the action; or
7. That the decision, or findings of fact, is
				not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article unless
				  otherwise specified:
1. "Active duty"
				means full-time duty in a branch of the United States uniformed service, other
				than Active Reserve Duty.
2.
				"Active reserve duty" means participating in required meetings and annual
				training in a Reserve or National Guard branch of the United States uniformed
				service.
3. "Actuarial present
				value" means an amount in today's dollars of a member's future retirement
				benefit calculated using appropriate actuarial assumptions and the:
a. Eligible Member's Current Years of
				Credited Service;
b. Eligible
				Member's age as of the date the Eligible Member submits to the ASRS a request
				to purchase service pursuant to this Article;
c. Amount of Service Credit the member wishes
				to purchase; and
d. Member's
				current annual compensation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-502 - Request to Purchase Service Credit and Notification of Cost

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible
				Member may request to purchase Service Credit electronically. The Eligible
				Member shall verify at the time of request, the following information for the
				Eligible Member:
1. Name;
2. Mailing address;
3. Date of birth;
4. Marital status;
5. Gender;
6. Primary email address;
7. Primary phone number; and
8. Which category of Service Credit the
				Eligible Member is requesting to purchase.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-503 - Requirements Applicable to All Service Credit Purchases

Current through Register Vol. 30, No. 28, July 12, 2024
A. To purchase Service Credit at the amount
				provided in an SP Invoice, an Eligible Member shall purchase the Service Credit
				by check or money order, or request an Irrevocable PDA, Direct Rollover ,
				Trustee-to-Trustee Transfer, or Termination Pay as specified in this Article,
				by the due date specified by the method of payment the Eligible Member
				elected.
B. An Eligible Member may
				purchase all of the Service Credit or a portion of the Service Credit. If the
				Eligible Member wishes to purchase only a portion of the Service Credit, the
				Eligible Member shall specify:
1. Either the
				number of years or partial years of Service Credit the Eligible Member wishes
				to purchase; or
2. The cost for the
				number of years or partial years of Service Credit the Eligible Member wishes
				to purchase, not exceeding the years or partial years and cost specified on the
				SP Invoice.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-504 - Service Credit Calculation for Purchasing Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible Member who purchases Service
				Credit shall receive one month of credited service for one or more days of
				service in a calendar month.
B.
				Pursuant to A.R.S.
				38-739(B),
				an Eligible Member who purchases Service Credit shall receive a proportionate
				amount of credited service based on the length of the Eligible Member's service
				year.
C. Notwithstanding any other
				provision, an Eligible Member whose membership date is on or after July 20,
				2011, cannot purchase more than five years of Service Credit for each of the
				following based on the length of the Eligible Member's service year:
1. Leave of Absence Service;
2. Military Service; and
3. Other Public Service.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-505 - Restrictions on Purchasing Overlapping Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. The ASRS shall not permit an Eligible
				Member to purchase Service Credit that, when added to credited service earned
				in any plan year, results in more than:
1.
				One year of credited service in any plan year, or
2. One month of credited service in any one
				calendar month.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-506 - Cost Calculation for Purchasing Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. For Service Credit for Leave of Absence
				Service, Military Service , and Other Public Service, the ASRS shall calculate,
				as of the date of the request to purchase Service Credit:
1. The Actuarial Present Value of the future
				retirement benefit for the Eligible Member including the Service Credit that
				the Eligible Member requests to purchase, and
2. The Actuarial Present Value of the future
				retirement benefit for the Eligible Member without the Service Credit that the
				Eligible Member requests to purchase.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-507 - Required Documentation and Calculations for Forfeited Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible
				Member who requests to purchase Service Credit for Forfeited Service under
				A.R.S. §
									38-742
				shall provide the ASRS:
1. The name of an
				Employer, if known, for which the Eligible Member is requesting to purchase
				Service Credit for Forfeited Service; and
2. The year and month the Eligible Member
				believes the ASRS returned retirement contributions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-508 - Required Documentation and Calculations for Leave of Absence Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				Eligible Member who requests to purchase Service Credit for Leave of Absence
				Service under A.R.S. §
									38-744
				shall provide to the ASRS an Approved Leave of Absence form that includes:
1. The following information completed by the
				Eligible Member:
a. The start date and end date of the approved leave
				of absence;
b. The date the Eligible Member returned to work or a
				statement of why employment was not resumed;
c. The name of the
				Employer;
d. Whether the Eligible Member participated in another
				public retirement system during this leave of absence; and
e. If the Eligible Member participated in
				another public retirement system during the leave of absence, whether the
				Eligible Member is receiving a benefit or is eligible to receive a benefit,
				from the other public retirement system; and
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-509 - Required Documentation and Calculations for Military Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible
				Member who requests to purchase Service Credit for Military Service under
				A.R.S. §
									38-745(A)
				and (B) shall provide to the ASRS:
1. A
				copy of the Eligible Member's Military Service Record within 30 days of the
				Eligible Member's request to purchase Service Credit; and
2. A
				Military Service form that contains:
a. Whether the Eligible Member is receiving a benefit
				or is eligible to receive a benefit, from the military.
b. The
				branch of the Uniformed Services the Eligible Member was in;
c.
				Whether the Eligible Member was on Active Duty or Active Reserve Duty;
d. The start date and end date of the Eligible
				Member's Military Service for which the Eligible Member is requesting to
				purchase Service Credit;
e. Acknowledgement that
				the Eligible Member will submit to the ASRS:
i. Proof of honorable separation for each
				type of Military Service listed on the form; and
ii. The Eligible Member's Military Service
				Record that supports all of the service listed on the form;
f. Acknowledgement of the following statements of
				understanding:
i. The Eligible Member understands that the service
				listed on this form does not include time that the Eligible Member either
				volunteered or was ordered into Active Duty service as part of a military
				call-up while employed by an Employer. This service is purchased under Military
				Call-up Service and requires a Military Call-up form to be completed by the
				Eligible Member's Employer; and
ii. The Eligible
				Member understands that any time the Eligible Member has listed on this form
				for Reserve or National Guard time reflects the months that the Eligible Member
				attended at least one drill or assembly for each month listed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-510 - Required Documentation and Calculations for Military Call-up Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				Eligible Member who meets the requirements under A.R.S. §
									38-745
				()D shall receive up to 60 months of Service Credit, not to exceed 5 years of
				Service Credit for Military Call-up Service under A.R.S. §
									38-745
				( (D) through (K). In order to determine the amount of contributions the
				Employer owes to purchase Service Credit for Military Call-up Service, the
				Eligible Member's Employer shall provide to the ASRS a copy of the Eligible
				Member's Military Service Record and a completed Military Call-up form that
				includes the following:
1. The Eligible
				Member's full name;
2. The Eligible
				Member's Social Security number;
3.
				The start date of Military Call-up Service;
4. The end date of Military Call-up Service;
5. The date the
				Eligible Member returned to work for the Employer;
6. The salary for each
				pay period in each fiscal year while the Eligible Member was on military
				call-up, including any salary increases the Eligible Member would have received
				had the Eligible Member not left work due to military call-up;
7. The name of a
				contact individual for the Employer, and that individual's business telephone
				number;
8. The contact individual's dated signature;
9. If
				applicable, the
dates that the
				  Eligible Member was hospitalized and released from the hospital as a result of
				  participating in a military call-up.
10. If
				applicable, the date the Eligible Member became disabled during or as a result
				of participating in a military call-up;
11. If applicable, the date of the Eligible
				Member's death during or as a result of participating in a military call-up;
				and
12. Acknowledgement of the
				following statements of understanding:
a. All
				the dates and payroll information for the Military Call-up Service are
				correct;
b. The Eligible Member:
i. Was honorably separated from Active Duty
				and returned to the same Employer within 90 days of either discharge from
				Active Duty or release from service-related hospitalization; or
ii. Was disabled and unable to return to
				work; or
iii. Died during or as a
				result of Active Duty.
c.
				The Employer must pay both the employee and Employer contributions in a lump
				sum upon the Eligible Member returning to employment, receipt of a declaration
				of disability, or receipt of a death certificate. These contributions are based
				on the salary the Eligible Member would have earned if the Eligible Member had
				not volunteered or been ordered into Active Duty;
d. The Eligible Member may receive a maximum
				of 60 months of Service Credit for Military Call-up Service pursuant to A.R.S.
				§
											38-745;
				and
e. The contact individual has
				the legal power to bind the Employer in transactions with the ASRS.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-511 - Required Documentation and Calculations for Other Public Service Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible
				Member who requests to purchase Service Credit for Other Public Service under
				A.R.S. §
									38-743
				shall provide to the ASRS a completed Other Public Service form, signed and
				dated by the Eligible Member, that includes the following:
;
1. The
				name and mailing address of the Other Public Service employer;
2. The
				position the Eligible Member held while working for the Other Public Service
				employer;
3. The start date and end date of the Eligible
				Member's employment with the Other Public Service employer;
4. The
				actual months and years the Eligible Member was employed with the Other Public
				Service employer;
5. A statement of whether the Eligible Member
				participated in the Other Public Service employer's retirement plan;
6. If
				the Eligible Member participated in the Other Public Service employer's
				retirement plan, the name of the retirement plan, identifying whichever one of
				the following applies:
a. The approximate date
				the Eligible Member took a return of retirement contributions;
b. The plan is non-contributory and the
				Eligible Member is not eligible for benefits from the plan; or
c. That, if not using all of the retirement
				contributions as a rollover, the Eligible Member will request a return of
				retirement contributions and forfeit all rights to any benefits from the plan
				and provide the ASRS with documentation that the Eligible Member has forfeited
				all rights to benefits from the plan no later than the due date specified on
				the SP Invoice; and
7. Acknowledgement
				that
if an audit determines
				  that the Eligible Member is eligible for a benefit from the Other Public
				  Service employer's retirement plan, the Eligible Member is required to take
				  necessary steps to forfeit the benefit, and if the forfeiture is not completed
				  within 90 days of being notified of the audit results, the Service Credit
				  purchase listed on this application will be revoked and any funds paid to
				  purchase the Service Credit will be refunded to the
				  member.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-512 - Purchasing Service Credit by Check, Cashier's Check, or Money Order

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible
				Member may purchase Service Credit by personal check in the Eligible Member's
				name, cashier's check, or money order remitted by the Eligible
				Member.
B. By the due date
				specified by the method of payment the Eligible Member elected, the Eligible
				Member shall ensure that the ASRS receives a check, cashier's check, or money
				order made payable to the ASRS in the amount to purchase the requested Service
				Credit.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-513 - Purchasing Service Credit by Irrevocable PDA

Current through Register Vol. 30, No. 28, July 12, 2024
A. An Eligible Member may purchase Service
				Credit by Irrevocable PDA.
B. If
				the Eligible Member elects to pay for Service Credit by Irrevocable PDA, the
				Eligible Member shall elect the terms of the Irrevocable PDA and submit the
				Irrevocable PDA to the ASRS and the Employer with the following:
1. Acknowledgements:
a. This Irrevocable PDA is binding and
				irrevocable;
b. This Irrevocable
				PDA shall remain in effect until the earlier of:
i. The authorized payroll deductions are
				completed; or
ii. The Eligible
				Member terminates employment.
c. The ASRS cannot terminate the Irrevocable
				PDA due to financial hardship;
d.
				The amount of Irrevocable PDA payments the Eligible Member makes is subject to
				federal laws;
e. The cost to
				purchase Service Credit by Irrevocable PDA includes an administrative interest
				charge at the Assumed Actuarial Investment Earnings Rate in effect at the time
				of the authorization as specified in
				R2-8-118(A);
f. Payments specified in this Irrevocable PDA
				are in addition to the regular contributions required pursuant to A.R.S. §§
											38-736 and
				38-797.05;
g. The ASRS shall apply credited service to
				the Eligible Member's account upon receipt of payments authorized by the
				Eligible Member under this Irrevocable PDA; and
h. The ASRS shall not transfer, refund, or
				disburse the administrative interest that the ASRS charges pursuant to
				subsection (B)(1)(e); and
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-513.01 - Irrevocable PDA and Transfer of Employment to a Different Employer

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an Eligible
				Member Transfers Employment, the Eligible Member's new Employer shall continue
				to make deductions pursuant to an Irrevocable PDA.
B. If an Eligible Member terminates
				employment without having accepted an offer to work with an Employer, the ASRS
				shall terminate an Irrevocable PDA.
C. Notwithstanding subsection (B), if a
				retirement contribution is due from a new Employer within 120 days from the
				Eligible Member's termination date with the previous Employer, the ASRS shall
				determine that the Eligible Member Transferred Employment, unless the Eligible
				Member notified the ASRS of the termination of employment.
D. If an Eligible Member who has elected
				Termination Pay pursuant to
				R2-8-513(D)
				Transfers Employment, the ASRS shall not accept any Termination Pay that the
				ASRS receives from the Eligible Member's previous Employer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-513.02 - Termination Date

Current through Register Vol. 30, No. 28, July 12, 2024
For the purpose of an Irrevocable PDA, the date an Eligible
				  Member is considered terminated from an Employer is:
1. For an Eligible Member terminating
				employment, the Eligible Member's last pay period end date with that
				Employer;
2. For an Eligible Member
				on military call-up who does not return to the same Employer:
a. 90 days from the date of separation
				fromlmilitary call-up;
b. 90 days
				from the date released from the hospital, if injured while on military call-up;
				or
c. The date the Eligible Member
				has been hospitalized for two years for injuries sustained as a result of
				participating in a military call-up.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-520 - Termination of Employment and Request Return of Retirement Contributions or Death of Member While Purchasing Service Credit by an Irrevocable PDA

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an Eligible
				Member terminates employment without transferring employment as specified in
				R2-8-513.01
				while purchasing Service Credit by an Irrevocable PDA and requests return of
				retirement contributions pursuant to A.R.S. §
									38-740,
				the ASRS shall return any principal payments made for the purchase of Service
				Credit including interest earned on those principal payments at the interest
				rate used to determine return of contributions upon termination of membership
				by separation from service by other than retirement or death as specified in
				R2-8-118(A).
B. If an Eligible Member dies while
				purchasing Service Credit, the ASRS shall credit the Eligible Member's account
				with:
1. The Service Credit for which the ASRS
				received payment pursuant to a PDA before the Eligible Member's
				death;
2. The principal payments
				made by the Eligible Member; and
3. Interest earned on
				payment through the date of distribution at the Assumed Actuarial Investment
				Earnings Rate specified in
				R2-8-118(A).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 5 - PURCHASING SERVICE CREDIT › Section R2-8-521 - Adjustment of Errors

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the ASRS
				determines an error has been made in the information provided by the member or
				in the calculations made by the ASRS, the ASRS shall make an adjustment to the
				member's account and return ineligible payments, if any.
B. The ASRS shall
				notify the member in writing of any adjustments.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article unless
				  otherwise specified:
1. "Rulemaking record"
				means a file the ASRS maintains as specified in A.R.S. §
									41-1029.
2.
				"Oral proceeding" means a public gathering the ASRS holds for the purpose of
				receiving comment and answering questions about a proposed rule as specified in
				A.R.S. §
									41-1023.
3.
				"Presiding officer" means an individual selected by the ASRS Director to
				oversee oral proceedings.
4. "Substantive policy
				statement"  means the same
				 as in A.R.S. §
									 41-1001(22).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-602 - Reviewing Agency Rulemaking Record and Directory of Substantive Policy Statements

Current through Register Vol. 30, No. 28, July 12, 2024
Except on a state holiday, a person may review a rulemaking
				  record or the directory of substantive policy statements at the Phoenix office
				  of the ASRS, Monday through Friday, from 8:00 a.m. until 5:00
				  p.m.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-603 - Petition for Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person submitting a petition to the ASRS to make or amend a rule under A.R.S. §
									41-1033
				shall include the following in the petition:
1. The name and current address of the person
				submitting the petition;
2. An
				identification of the rule to be made or amended;
3. The suggested language of the
				rule;
4. The reason why a new rule
				should be made or a current rule should be amended with supporting information,
				including:
a. An identification of the persons
				who would be affected by the rule and how the persons would be affected;
				and
b. If applicable, statistical
				data with references to attached exhibits;
5. The signature of the person submitting the
				petition; and
6. The date the
				person signs the petition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-604 - Review of a Rule, Agency Practice, or Substantive Policy Statement

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				submitting a petition to the ASRS under A.R.S. §
									41-1033
				requesting that the ASRS review an agency practice or substantive policy
				statement that the person alleges constitutes a rule shall include the
				following in the petition:
1. The name and
				current address of the person submitting the petition,
2. The reason the person alleges that the
				agency practice or substantive policy statement constitutes a rule,
3. The signature of the person submitting the
				petition, and
4. The date the
				person signs the petition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-605 - Objection to Rule Based Upon Economic, Small Business and Consumer Impact

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				submitting an objection to a rule based upon the economic, small business and
				consumer impact under A.R.S. §
									41-1056.01
				shall include the following in the objection:
1. The name and current address of the person
				submitting the objection;
2.
				Identification of the rule;
3.
				Either evidence that the actual economic, small business and consumer impact:
a. Significantly exceeded the impact
				estimated in the economic, small business and consumer impact statement
				submitted during the making of the rule with supporting information attached as
				exhibits; or
b. Was not estimated
				in the economic, small business and consumer impact statement submitted during
				the making of the rule and that actual impact imposes a significant burden on
				persons subject to the rule with supporting information attached as exhibits;
				or
c. Reflects that the ASRS did
				not select the alternative that imposes the least burden and costs to persons
				regulated by the rule, including paperwork and other compliance costs,
				necessary to achieve the underlying regulatory objective.
4. The signature of the person submitting the
				objection; and
5. The date the
				person signs the objection.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-606 - Oral Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person requesting an oral proceeding under A.R.S. §
									41-1023(C)
				 shall submit a written request to the ASRS
				that includes:
1. The name and current
				address of the person making the request;
2. If applicable, the name of the public or
				private organization, partnership, corporation or association, or the name of
				the governmental entity the person represents; and
3. Reference to the proposed rule including,
				if known, the date and issue of the Arizona Administrative Register in which
				the Notice of Proposed Rulemaking was published.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 6 - PUBLIC PARTICIPATION IN RULEMAKING › Section R2-8-607 - Petition for Delayed Effective Date

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who wishes to delay the effective
				date of a rule under A.R.S. §
									41-1032
				shall file a petition with the ASRS prior to the proposed rule's close of
				record date. The petition shall contain the:
1. Name and current address of the person
				submitting the petition;
2.
				Identification of the proposed rule;
3. Need for the delay, specifying the undue
				hardship or other adverse impact that may result if the request for a delayed
				effective date is not granted;
4.
				Reason why the public interest will not be harmed by the delayed effective
				date;
5. Signature of the person
				submitting the petition; and
6.
				Date the person signs the petition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-701 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article unless
				  otherwise specified:
1. "218 agreement"
				means a written agreement between the state, political subdivision, or
				political subdivision entity and the Social Security Administration, under the
				provisions of § 218 of the Social Security Act, to provide Social Security and
				Medicare or Medicare-only coverage to employees of the state, political
				subdivision, or political subdivision entity.
2. "Documentation" means a pay stub,
				completed W-2 form, completed Verification of Contributions Not Withheld form,
				Employer letter or spreadsheet, completed State Personnel Action Request Form,
				Social Security Earnings Report, employment contract, payroll record,
				timesheet, or other Employer-provided form that includes:
a. Whether the employee was covered under the
				Employer's 218 Agreement prior to July 24, 2014,
b. The number of hours the member worked or
				was Engaged to Work for the Employer per pay period, and
c. The amount and type of compensation earned
				by the member within each pay period.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-702 - General Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Employer shall pay the Employer's portion of
				the contributions the ASRS determines is owed under
				R2-8-706
				whether or not the member pays the member's portion of the contributions.
B. The person who
				initiates the claim that contributions were not withheld for Eligible Service
				has the burden to prove a contribution error was made.
C. The
				ASRS shall not waive payment of contributions or interest owed under this
				Article.
D. If a member is not able to establish eligibility
				for purchasing service credit pursuant to this Article, the member may be
				eligible to purchase service pursuant to A.R.S. §
									38-743 and
				Article 5 of this Chapter.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-703 - Employer's Discovery of Error

Current through Register Vol. 30, No. 28, July 12, 2024
If an Employer determines that any amount of contributions
				  have not been withheld for a member for a period of Eligible Service, the
				  Employer shall notify the ASRS by submitting through the Employer's secure ASRS
				  account a Verification of Contributions Not Withheld form with the following
				  information:
1. The member's full
				name;
2. The member's Social
				Security number;
3. The range of
				dates that any contribution was not withheld;
4. The member's position title during the
				date range listed in subsection (3);
5. The amount and type of compensation the
				member was entitled to receive, and the number of hours the member worked for
				the Employer per pay period for each fiscal year;
6. The member's hire date;
7. Whether the member was Engaged to Work for
				the Employer;
8. Whether the
				position was covered under the Employer's 218 Agreement for periods prior to
				July 24, 2014; and
9. The dated
				signature of the Employer's authorized agent certifying:
a. All the dates and salary information is
				correct;
b. The person submitting
				this form has the legal power to enter into binding transactions with the
				ASRS;
c. Acknowledgement the
				Employer will receive an invoice for the contributions owed for Eligible
				Service only, as well as the accumulated interest on the contributions that
				were not withheld for both the member and Employer contributions; and
d. Acknowledgement the member will receive an
				invoice for their contributions owed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-704 - Member's Discovery of Error

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If a member believes that an Employer has not withheld contributions for the
				member for a period of Eligible Service, the member shall:
1. Notify the member's Employer that the
				Employer has not withheld contributions correctly by contacting the Employer
				directly; or
2. Submit to the ASRS a
				Contributions Not Withheld Request form through the member's secure ASRS
				account with the following:
a. The name of the
				Employer that should have remitted contributions;
b. The range of dates that any contribution
				was not withheld;
c. The member's
				position title during the date range listed in subsection (b);
d. Whether the member was Engaged to Work for
				the Employer; and
e. Dated signature
				of the member certifying the member understands:
i. The ASRS will be providing the member's
				Social Security number to the Employer for verification; and
ii. If the member's Employer cannot verify
				this request, it is the member's responsibility to provide Documentation of
				Eligible Service.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-705 - ASRS' Discovery of Error

Current through Register Vol. 30, No. 28, July 12, 2024
If the ASRS determines, as specified in A.R.S. §
									38-738(B)(7),
				  that all contributions have not been withheld for a member for a period of
				  Eligible Service, the ASRS shall notify the Employer in writing and shall
				  request the Employer submit through the Employer's secure ASRS account a
				  Verification of Contributions Not Withheld form pursuant to
				  R2-8-703.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-706 - Determination of Contributions Not Withheld

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of the information listed in
				R2-8-703,
				R2-8-704,
				or
				R2-8-705,
				the ASRS shall review the information to determine whether or not member
				contributions should have been withheld by the Employer, the length of time
				those contributions should have been withheld, and the amount of contributions
				that should have been withheld.
B.
				Except for a member who met the requirements to be an active member while
				simultaneously contributing to another retirement plan listed in subsection
				(B)(2), for purposes of this Article, the ASRS shall determine that
				contributions should not have been withheld for the period of service in
				question if:
1. An Employer remits an
				accurate ACR amount pursuant to
				R2-8-116;
				or
2. The employee participates in:
a. Another Arizona retirement plan listed in
				A.R.S. Title 38, Chapter 5, Articles 3, 4, or 6; or
b. In an optional retirement plan listed in
				A.R.S. Title 15, Chapter 12, Article 3 or A.R.S. Title 15, Chapter 13, Article
				2.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 7 - CONTRIBUTIONS NOT WITHHELD › Section R2-8-707 - Submission of Payment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within
				90 days from the date on the statement invoice identified in
				R2-8-706(E),
				the Employer shall pay to the ASRS the amount due to be paid by the Employer.
				An Employer who makes payment under A.R.S. §
									38-738(B)(3)
				 is not liable for additional interest that
				may accrue as a result of a member's failure to remit payment required by
				A.R.S. §
									38-738(B)(1).
				If the ASRS does not receive full payment of the Employer's amount due within
				90 days after the ASRS notifies the Employer of the amount due, the full amount
				due will accrue interest as provided in A.R.S. §
									38-738. The
				ASRS may collect the unpaid balance plus interest pursuant to A.R.S. §
									38-735(C).
B. The member shall make payment to the ASRS
				pursuant to A.R.S. §
									38-738 by
				the due date specified on the member's invoice identified in
				R2-8-706(E).
C. If the ASRS does not receive full payment
				of the member's amount due by the due date specified on the member's invoice
				identified in
				R2-8-706(E),
				the full amount due will accrue interest, as provided in A.R.S. §
									38-738.
D. A member does not receive service credit
				or credit for salary until both the Employer and member portions of the
				contributions and all interest has been paid pursuant to A.R.S. §
									38-738.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-801 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
For purposes of this article, the following definitions
				  apply, unless specified otherwise:
1. "Estimated Social Security disability
				income amount" and "Revised Social Security disability income amount" mean the
				amount of funds the ASRS is entitled to collect pursuant to
				R2-8-802.
2.
				"LTD" means long-term disability program as described in A.R.S. §
									38-797 et
				seq.
3. "LTD benefit" means the same as in
				R2-8-301.
4.
				"Overpayment" means:
a. Any funds the ASRS
				distributes in excess of the amount to which the recipient is legally entitled;
				and
b. Any estimated social
				security disability income amount or revised social security disability income
				amount the ASRS is entitled to collect pursuant to A.R.S. §
										38-765.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-802 - Estimated Social Security Disability Income Amount and Revised Social Security Disability Income Amount

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				ASRS contracted LTD claims administrator shall determine a member's estimated
				Social Security disability income amount as follows:
1. Prior to the death, retirement, or
				forfeiture of a member, the estimated Social Security disability income amount
				shall be equal to the member's full monthly LTD benefit reduced by $50 per
				month pursuant to A.R.S. §
										38-797.07(A)(9);
				and
2. Upon the member's death,
				retirement, or forfeiture, the estimated Social Security disability income
				amount shall be equal to the total amount of the member's LTD benefit, reduced
				by $50 per month pursuant to A.R.S. §
										38-797.07(A)(9).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-803 - Reimbursement of Overpayments

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon
				the ASRS discovering that it has made an overpayment to a an Employer, member,
				survivor, or alternate payee, the ASRS shall send a letter to notify the
				necessary person that an overpayment was provided and the person shall
				reimburse the ASRS in the amount of the overpayment.
B. A person, other than Employer, who
				reimburses the ASRS for an overpayment shall do so by remitting a check or
				money order, made payable to the ASRS, by the due date specified in the letter
				providing notice of the overpayment.
C. An Employer that reimburses the ASRS for
				an overpayment shall do so by remitting payment through the Employer's secure
				ASRS account, or by check or money order made payable to the ASRS, by the due
				date specified in the letter providing notice of the overpayment.
D. If the ASRS is
				unable to collect the amount of an overpayment by reducing future payments to
				Employers, members, survivors, or alternate payees as provided in this Article,
				the ASRS shall allow the appropriate person to reimburse the ASRS for the
				amount of the overpayment by making payments over the course of as many months
				as the number of months in which an overpayment was made by the ASRS, not to
				exceed 36 months.
E. A person may
				request to reimburse the amount of the overpayment to the ASRS sooner than
				provided in this Article.
F. If an
				Employer, member, survivor, or alternate payee does not repay the amount of an
				overpayment pursuant to this Article, the ASRS may reduce a Health Insurance
				Premium Benefit that is paid pursuant to Article 2.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-804 - Collection of Overpayments from Forfeiture

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless a member cancels a forfeiture
				request by submitting written notice to the ASRS within 30 days of the request
				to forfeit, the ASRS shall reduce a member's refund amount in order to offset
				the member's overpayment amount pursuant to subsection (B).
B. The ASRS shall reduce the member's refund
				amount by the amount of any overpayment and the ASRS shall:
1. Pursue collection of any remaining
				overpayment amount pursuant to this Article; and
2. Distribute the remaining refund amount to
				the member pursuant to
				R2-8-115.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-805 - Collection of Overpayments from Retirement Benefit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notwithstanding A.R.S. §
									38-768,
				the ASRS may reduce a person's benefit pursuant to this section.
B. Upon retirement, the ASRS shall reduce the
				amount of a member's retirement benefit by the amount of any overpayments that
				have not been reimbursed to the ASRS, pursuant to R2-8-803 as follows:
1. If the member elects to receive a lump sum
				or partial lump sum benefit, the amount of the lump sum or partial lump sum
				shall be reduced by the amount of the overpayment to no less than $5.00 and the
				ASRS shall pursue overpayment collections for any remaining overpayment amount
				pursuant to this Article;
2. If the
				member elects to receive retirement benefits as a monthly annuity and the
				amount of the overpayment is equal to or less than the amount of the member's
				first annuity disbursement minus $5.00, the ASRS shall reduce the amount of the
				first annuity disbursement by the amount of any overpayment to no less than
				$5.00;
3. If the member elects to
				receive retirement benefits as a monthly annuity and the amount of the
				overpayment exceeds the amount of the member's first annuity disbursement plus
				$5.00, the ASRS shall reduce the amount of the first annuity disbursement by
				the amount of the overpayment to no less than $5.00 and pursue collection
				pursuant to subsection (B).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-806 - Collection of Overpayments from Survivor Benefit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notwithstanding A.R.S. §
									38-768,
				the ASRS may reduce a person's benefit pursuant to this section.
B. If a member, survivor, or alternate payee
				does not repay the amount of an overpayment pursuant to this Article, the ASRS
				shall reduce the necessary person's amount of benefits pursuant to subsection
				(C).
C. The ASRS shall collect the
				amount of any remaining overpayment by reducing the necessary person's monthly
				annuity over the same number of months in which the overpayment was made, up to
				3 months for each month an overpayment was made by the ASRS.
D. If the ASRS is unable to collect the
				amount of any overpayment pursuant to subsection (C), the ASRS shall pursue
				collection of any remaining overpayment amount pursuant to this
				Article.
E. Notwithstanding
				subsection (C), the ASRS shall not reduce a survivor's monthly annuity by an
				estimated Social Security disability income amount while the survivor is
				pursuing a Social Security disability income determination on behalf of the
				member pursuant to R2-8-305, if the survivor submits documentation to the ASRS
				every six months informing the ASRS of the status of the member's Social
				Security disability income request until a determination is made regarding the
				amount of Social Security disability income to which the member was
				entitled.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-807 - Collection of Overpayments from LTD Benefit

Current through Register Vol. 30, No. 28, July 12, 2024
Upon disability of the member, the ASRS shall reduce the
				  amount of the disabled member's LTD benefit by the amount of any overpayment
				  the member received from the ASRS and has not reimbursed pursuant to this
				  section.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-808 - Collection of Overpayments by the Attorney General

Current through Register Vol. 30, No. 28, July 12, 2024
If an Employer, member, survivor, or alternate payee does not
				  reimburse the ASRS for an overpayment pursuant to
				  R2-8-803,
				  the ASRS may submit the overpayment amount for collection by the Arizona
				  Attorney General's Office.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 8 - STATE RETIREMENT SYSTEM BOARD › Article 8 - RECOVERY OF OVERPAYMENTS › Section R2-8-809 - Collection of Overpayments by the Arizona Department of Revenue

Current through Register Vol. 30, No. 28, July 12, 2024
If an Employer, member, survivor, or alternate payee does not
				  reimburse the ASRS for an overpayment pursuant to
				  R2-8-803,
				  the ASRS may submit the overpayment amount for collection by the Arizona
				  Department of Revenue.