Arkansas Administrative Code › Agency 088 - Arkansas Teacher Retirement System › Rule 088.00.07-002 - Rule No. 0-1 -- Rules of Organization; Rule No. 4-1 -- Board Composition; Rule No. 4-2 -- Election Procedures; Rule No. 4-3 -- Schedule of Elections

Current through Register Vol. 49, No. 6, June, 2024
I.
INFORMATION FOR PUBLIC GUIDANCE
The Arkansas Teacher Retirement System ("ATRS") is located at
			 1400 West Third Street, Little Rock, AR 72201. Questions about ATRS may be
			 addressed by visiting the ATRS website (
http://www.atrs.state.ar.us
);
			 e-mailing ATRS at info@atrs.state.ar.us; phoning ATRS at 1-800-666-2877 or
			 501-682-1517; or sending a fax to ATRS at 1-800-682-2663. Visits may be made to
			 the ATRS office between 8:00 a.m. and 4:30 p.m. Monday through Friday, except
			 on holidays. Appointments are not required but are suggested.
ATRS makes available a list of persons holding certain
			 responsibilities for handling FOIA requests and requests by the public so that
			 the public may obtain information about ATRS or make submissions or requests.
			 The names, mailing addresses, telephone numbers, and electronic addresses can
			 be obtained from the ATRS office or website.
The ATRS policies, rules and regulations, and official forms may
			 be obtained from the ATRS office or from the ATRS website.
II.
DESCRIPTION OF THE ARKANSAS
		  TEACHER RETIREMENT SYSTEM
The Arkansas Teacher Retirement System ("ATRS") is a cost-sharing
			 multiple-employer, defined benefit pension plan established on March 17, 1937,
			 by authority of the Arkansas General Assembly under Act 266 of 1937 (Ark. Code
			 Ann. § 24-7-101 et. seq). ATRS is operated as a "qualified trust" under
			 section 401(a) of the Internal Revenue Code. ATRS is a component unit of the
			 State of Arkansas.
The General Assembly is responsible for setting benefits and
			 contributions and amending plan provisions.
Ultimate authority, general administration and responsibility for
			 the proper operation of ATRS and for making effective the provisions of A.C.A.
			 §§ 24-7-201 et seq. are vested in a fifteen-member Board of Trustees.
			 Eleven members are elected, and four members serve as ex officio members by
			 virtue of their positions in state government. The Board appoints the executive
			 director of ATRS who serves as its chief executive officer.
The Board of Trustees promulgates rules as it deems necessary
			 from time to time in the transaction of its business and in administering the
			 Arkansas Teacher Retirement System.
For administrative purposes, the agency is comprised of several
			 divisions: Administration, Membership Services, Data Processing, Investments,
			 and Fiscal Affairs.
III.
ORGANIZATION AND OPERATION OF THE ATRS BOARD OF TRUSTEES
The officers of the ATRS Board of Trustees are a Chair and Vice
			 Chair. Election of officers is held in the odd numbered years at the first
			 regular meeting after the beginning of the fiscal year. These officers perform
			 the duties prescribed by applicable law, this rule, and Robert's Rules of
			 Order.
The business of ATRS is conducted in public meeting pursuant to
			 Robert's Rules of Order. All meetings are conducted in conformity with the
			 Arkansas Freedom of Information Act. Regular meetings are held at least
			 quarterly. Special meetings may be held on the call of the chair or as
			 scheduled by action of the Board in a regular meeting.
A quorum for the transaction of business is a majority of the
			 number of voting members of the Board.
The ATRS Board of trustees may create standing and ad hoc
			 committees whose membership is determined by the Chair of the Board. A quorum
			 for the transaction of committee business is a majority of the number of voting
			 members of the committee.
The Executive Director prepares the agenda for regular and
			 special meetings. The agenda is distributed to Board members and made available
			 to the public in advance of the meeting. The agenda may be amended by
			 appropriate motion.
Trustees, members, and other individuals wishing to have
			 additional items considered for the agenda should submit a request to the
			 Executive Director prior to a regularly scheduled meeting.
IV.
RULEMAKING
The ATRS Board has been authorized by the Legislature to
			 promulgate rules. ATRS follows the procedural requirements of the Arkansas
			 Administrative Procedure Act, in particular A.C.A. § 25-15-203 and §
			 25-15-204. Additionally, ATRS is required to abide by the provisions of A.C.A.
			 §10-3-309.
The process of adopting a new rule or amending or repealing an
			 existing rule (hereinafter referred to as "rulemaking") may be initiated by
			 request of the Board or the ATRS staff. Additionally, persons outside the
			 agency may petition for the issuance, amendment, or repeal of any rule.
ATRS will give public notice of proposed rulemaking to be
			 published pursuant to A.C.A. § 25-15-204. The notice will set any written
			 comment period and will specify the time, date, and place of any public
			 hearing, if any.
Before finalizing language of a proposed new rule or an amendment
			 to, or repeal of, an existing rule, ATRS will receive public input through
			 written comments and/or oral submissions. ATRS will designate in the public
			 notice the format and timing of public comment.
A public hearing may be held; if so, it will provide affected
			 persons and other members of the public a reasonable opportunity for
			 presentation of evidence, arguments, and oral statements within reasonable
			 conditions and limitations imposed by the agency to avoid duplication,
			 irrelevant comments, unnecessary delay, or disruption of the
			 proceedings.
Thirty days before the public comment period ends, ATRS will file
			 with the Bureau of Legislative Research the text of the proposed rule or
			 amendment as well as a financial impact statement and a Bureau of Legislative
			 Research questionnaire as provided by §10-3-309. In addition, a copy of
			 the public notice, the text of the proposed rule or amendment, and a summary
			 will be filed with the Secretary of State. Also, a copy of the public notice
			 and the text of the proposed rule or amendment will be published on the ATRS
			 website, if available.
Generally, proposed rules or amendments will be reviewed by the
			 appropriate committee of the ATRS Board of Trustees for recommendation prior to
			 submission to the full Board for consideration and final action.
ATRS will not finalize language of the rule or decide whether to
			 adopt a rule until the period for public comment has expired.
After the ATRS Board formally adopts a new rule or amends a
			 current rule or repeals an existing rule, and after the rule change has been
			 reviewed by the Legislative Council, ATRS staff will file final copies of the
			 rule with the Secretary of State, the Arkansas State Library, and the Bureau of
			 Legislative Research, or as otherwise provided by A.C.A. §
			 25-15-204(d).
Proof of filing a copy of the rule, amendment, or repeal with the
			 Secretary of State, the Arkansas State Library, and the Bureau of Legislative
			 Research will be kept in a file maintained by the Executive Director's
			 Office.
Notice of the rule change will be posted on the agency website,
			 if available, and rules will be made available to interested persons.
V.
EMERGENCY
		  RULEMAKING
Upon receipt of a written statement requesting emergency
			 rulemaking or other evidence to support an assertion that an emergency exists,
			 ATRS will make an independent judgment whether the circumstances and facts
			 constitute an imminent peril to the public health, safety, or welfare requiring
			 adoption of the rule with fewer than 30 days notice. If it is determined that
			 the circumstances warrant emergency rulemaking, a written determination setting
			 out the reasons for the finding that an emergency exists will be made. Upon
			 making this finding, the ATRS Board may proceed to adopt the rule without any
			 prior notice or hearing, or it may determine to provide an abbreviated notice
			 and hearing.
The emergency rule will be effective immediately upon filing, or
			 at a stated time less than ten (10) days thereafter, if ATRS finds that this
			 effective date is necessary because of imminent peril to the public health,
			 safety, or welfare. ATRS will file with the rule its written findings
			 justifying the determination that emergency rulemaking is appropriate and, if
			 applicable, the basis for the effective date of the emergency rule being less
			 than ten days after the filing of the rule pursuant to A.C.A. §
			 25-15-204(e).
VI.
APPEALS
An ATRS member, beneficiary, survivor, retiree or employer may
			 request a review of an administrative decision made by the Executive Director
			 or an ATRS staff member concerning membership, benefits, service, contributions
			 or refunds. A description of the appeals process may be obtained by contacting
			 ATRS or from the ATRS website.
NOTE:
These are general rules for the organization
			 and operation of the system. Additional and more specific information is
			 provided in the Policies, Rules and Regulations of ATRS, which may be found on
			 the ATRS website (
www.atrs.state.ar.us
under
			 "Publications") or which may be obtained by contacting the Executive Director's
			 office at 501-682-1517 or 1-800-666-2877).
BOARD OF TRUSTEES COMPOSITION AND ELECTIONS
(Amended by Acts 418 of 1997, 866 of 1999, and 97 of 2007) A.C.A.
			 § 24-7-301 provides that the general administration and responsibility for
			 the proper operation of the Arkansas Teacher Retirement System and for making
			 effective the provisions of the Teacher Retirement laws are vested in the Board
			 of Trustees of 15 persons. The Bank Commissioner, the Treasurer of the State,
			 the Auditor of the State, and the Commissioner of the Department of Education
			 serve as ex officio trustees. Eleven (11) members serve as elected trustees,
			 seven (7) who are active members of the system with at least five (5) years of
			 actual service in force, one (1) who is a member of a racial ethnic group and
			 is either an active or retirant member, and three (3) who are retirant members.
For these purposes, participants in the Teacher Deferred
			 Retirement Plan (T-DROP) will be considered active members. The active and
			 retirant trustees shall be elected in accordance with such rules and
			 regulations as the Board shall from time to time adopt to govern such
			 elections.
ACTIVE MEMBER TRUSTEES
1. There shall be four (4) active member
		  trustees each of whom must be employed in a position requiring state teaching
		  licensure or employed by an ATRS-covered agency in a position between Grades
		  17-23. Such a trustee shall NOT be employed as a school administrator
		  (superintendent, assistant superintendent, principal, vice principal,
		  president, chancellor or director of a state institution of higher education,
		  community/technical college, or vocational center/cooperative), or employed in
		  a position Grade 24 and above with an ATRS covered agency. One (1) active
		  member trustee will be elected from each of the four (4) congressional
		  districts of the State of Arkansas.
Active members employed in positions requiring state licensure,
			 but not administrators' licenses, will elect these trustees. Such members must
			 NOT be employed in positions as school administrators (superintendent,
			 assistant superintendent, principal, vice principal, president, chancellor, or
			 director of a state institution of higher education, community/technical
			 college, or vocational center/cooperative) or employed by an ATRS-covered
			 agency in a position Grade 24 and above.
2. There shall be two (2) active member
		  trustees each of whom must be employed in a position requiring school
		  administrator licensure (superintendent, assistant superintendent, principal,
		  vice principal, president, chancellor, or director of a state institution of
		  higher education, community/ /technical college, or vocational
		  center/cooperative), or employed by an ATRS-covered agency in a position Grade
		  24 and above, one (1) of which must be a superintendent.
These trustees will be elected by members employed as school
			 administrators (superintendent, assistant superintendent, principal, vice
			 principal, president, chancellor, or director of a state institution of higher
			 education, community/technical college, or vocational center/cooperative) or
			 employed by an ATRS-covered agency in a position Grade 24 and above.
3. There shall be one (1) active
		  member trustee who is employed in a position that does not require state
		  teaching licensure or is employed by an ATRS-covered agency in a position Grade
		  16 and below.
This member trustee shall be elected by members who are employed
			 in positions not requiring state teaching licensure or are employed by an
			 ATRS-covered agency in a position Grade 16 and below.
MINORITY TRUSTEE
There shall be one (1) member trustee of a minority racial ethnic
			 group who is either an active or a retired member of the system. This member
			 trustee shall be elected by the active and retired membership of the
			 system.
RETIRANT MEMBER TRUSTEES
There shall be three (3) retirant member trustees who receive an
			 annuity paid by the system. These trustees shall be elected by the retired
			 membership of the system. Retirant trustees must reside in Arkansas.
TERM OF OFFICE
The term of office of each member and retirant trustee elected
			 after July 1, 1997, shall be six (6) years. Each trustee shall continue to
			 serve as trustee until his or her successor is elected and has
			 qualified.
An active member trustee shall be ineligible to serve after
			 becoming inactive or upon retiring. An active member trustee shall be
			 ineligible to serve if he or she changes employment category during his or her
			 term of office, i.e., an administrator becomes a classroom teacher. A retirant
			 member trustee shall be ineligible to serve after becoming active.
A vacancy will occur if a member or retirant trustee is absent
			 for three (3) consecutive regular board meetings, unless the absence is excused
			 by a majority of the members of the Board. Attendance on either day of a
			 two-day board meeting is sufficient to meet the attendance requirement. The
			 Executive Director will notify the Board member of this policy after the second
			 consecutive absence. (Revised May 15, 2001.)
When a vacancy occurs in the office of a member or retirant
			 trustee, the vacancy will be filled during the next annual ATRS election,
			 utilizing approved election requirements and procedures for that position.
			 (Revised May 15, 2001.)
In any year in which the six (6) year term of an active member
			 and/or retirant member trustee expires, the position shall be filled either by
			 election or reelection.
BOARD POSITIONS
Position #1 (1st Congressional District)
Position #2 (2nd Congressional District)
Position #3 (3rd Congressional District)
Position #4 (4th Congressional District)
Position #5 (Administrator - Superintendent only)
Position #6 (Administrator)
Position #7 (Nonlicensed)
Position #8 (Minority)
Position #9 (Retirant)
Position #10 (Retirant)
Position #11 (Retirant)
POSITION QUALIFICATIONS AND VOTER ELIGIBILITY IN EACH
			 ELECTION
1. Positions #1-#4
		  (Active Member Trustees from Congressional Districts)
A. Qualifications for candidacy:
i. Must be an active member of ATRS (includes
		  T-DROP participants);
ii. Must have
		  five (5) years of actual service in ATRS;
iii. Must be employed in a position requiring
		  a state teaching license or employed by an ATRS-covered agency in a position
		  between Grades 17-23. Such candidate shall not be employed as a school
		  administrator (superintendent, assistant superintendent, principal,
		  vice-principal, president, chancellor, or director of a state institution of
		  higher education, community/technical college, or vocational
		  center/cooperative) or employed in a position Grade 24 and above with an
		  ATRS-covered agency;
iv. Must be
		  employed in the congressional district from which he/she is seeking election;
		  and
v. If a candidate holds two or
		  more positions, i.e., works as a teacher and bus driver, eligibility shall be
		  determined by his/her primary employment.
B. Eligible voters include:
Active ATRS members (includes T-DROP participants) who are
			 employed in the congressional district. Such members must also be employed in
			 positions that require a state teaching license or employed by an ATRS-covered
			 agency in a position between Grades 17-23. Such members must not be employed in
			 positions as school administrators (superintendent, assistant superintendent,
			 principal, vice principal, president, chancellor, or director of a state
			 institution of higher education, community/technical college, or vocational
			 center/cooperative) or employed in an ATRS-covered position Grade 24 and
			 above.
2.
		  Position #5 (Administrator - Superintendent only)
A. Qualifications for candidacy:
i. Must be an active member of ATRS (includes
		  T-DROP participants);
ii. Must have
		  five (5) years of actual service in ATRS;
iii. Must be employed as an Arkansas school
		  superintendent.
B.
		  Eligible voters include:
Active ATRS members (includes T-DROP participants) employed as
			 school administrators (superintendent, assistant superintendent, principal,
			 vice principal, president, chancellor, or director of a state institution of
			 higher education, community/technical college, or vocational center/
			 cooperative), or employed by an ATRS-covered employer in a position Grade 24 or
			 above.
3.
		  Position #6 (Administrator)
A. Qualifications
		  for candidacy:
i. Must be an active member of
		  ATRS (includes T-DROP participants);
ii. Must have five (5) years of actual
		  service in ATRS;
iii. Must be
		  employed as a school administrator (superintendent, assistant superintendent,
		  principal, vice principal, president, chancellor, or director of a state
		  institution of higher education, community/technical college, or vocational
		  center/cooperative), or employed by an ATRS-covered employer in a position
		  Grade 24 or above.
B.
		  Eligible voters include:
Active ATRS members (includes T-DROP participants) employed as
			 school administrators (superintendent, assistant superintendent, principal,
			 vice principal, president, chancellor, or director of a state institution of
			 higher education, community/technical college, or vocational center/
			 cooperative) or employed by an ATRS-covered employer in a position Grade 24 or
			 above.
4.
		  Position #7 (Nonlicensed)
A. Qualifications
		  for candidacy:
i. Must be an active member of
		  ATRS (includes T-DROP participants);
ii. Must have five (5) years of actual
		  service in ATRS;
iii. Must be
		  employed in a position that does not require a state teaching license (includes
		  school secretaries, school bus drivers, school cafeteria and maintenance
		  workers) or employed by an ATRS-covered agency in a position Grade 16 and
		  below.
B. Eligible
		  voters include:
Active ATRS members (includes T-DROP participants) employed in
			 positions that do not require a state teaching license (includes school
			 secretaries, school bus drivers, school cafeteria and maintenance workers) or
			 employed by an ATRS-covered agency in a position Grade 16 and below.
5. Position #8
		  (Minority)
A. Qualifications for candidacy:
i. Must be an active member of ATRS (includes
		  T-DROP participants) or a retirant member receiving an annuity paid by
		  ATRS;
ii. Must have five (5) years
		  of actual service in ATRS;
iii.
		  Must be of a racial ethnic minority group.
B. Eligible voters include:
Active ATRS members (includes T-DROP participants), and retirant
			 members receiving an annuity paid by ATRS.
6. Positions #9-#11 (Retirant Member
		  Trustees)
A. Qualifications for candidacy:
i. Must be a retirant member receiving an
		  annuity paid by ATRS; and
ii. Must
		  be a resident of Arkansas.
B. Eligible voters include:
ATRS retirant members receiving an annuity paid by ATRS.
Survivors of ATRS members who receive survivor benefits from the
			 System are not eligible to participate in the election of Board of Trustee
			 members. (Revised November 18, 1997)
Amended:
April 26, 2007