Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S4/4/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 163 3
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By: Senator J. Payton 5
By: Representative Warren 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING ADMIN ISTRATION OF 9
THE ARKANSAS PUBLIC EMPLOYEES' RETIREMEN T SYSTEM; TO 10
ALLOW A PUBLIC LIBRA RY SYSTEM FORMED UND ER THE 11
INTERLOCAL COOPERATI ON ACT TO BECOME A P ARTICIPATING 12
PUBLIC EMPLOYER AND FOR ITS EMPLOYEES TO BECOME 13
MEMBERS OF THE ARKAN SAS PUBLIC EMPLOYEES ' RETIREMENT 14
SYSTEM; AND FOR OTHE R PURPOSES. 15
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Subtitle 18
TO ALLOW A PUBLIC LIBRARY SYSTEM FORMED 19
UNDER THE INTERLOCAL COOPERATION ACT TO 20
BECOME A PARTICIPATING PUBLIC EMPLOYE R 21
AND FOR ITS EMPLOYEES TO BECOME MEMBERS 22
OF THE ARKANSAS PUBLIC EMPLOYEES' 23
RETIREMENT SYSTEM. 24
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
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SECTION 1. Arkansas Code § 24 -4-101(27), concerning the definition of 29
"nonstate employees" applicable to the Arkansas Public Employees' Retirement 30
System, is amended to read as follows: 31
(27) “Nonstate employees” means county employees, municipal 32
employees, rural waterworks facilities board employees, regional airport 33
authority employees, border municipal airport employees, public facilities 34
board employees, regional solid waste management board employees, joint 35
county and municipal sanitation authority employees, the employees of a 36 As Engrossed: S4/4/23 SB163
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public library system formed under the Interlocal C ooperation Act, § 25 -20-1
101 et seq., regional water distribution board employees, the employees of 2
economic development districts recognized as planning and development 3
districts under § 14 -166-202, school employees, public water authority 4
employees, and the employees of the Intergovernmental Juvenile Detention 5
Council; 6
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SECTION 2. Arkansas Code § 24 -4-101(29)(A), concerning the definition 8
of "participating public employer" applicable to the Arkansas Public 9
Employees' Retirement System, is amended to read as follows: 10
(29) “Participating public employer” means: 11
(A) Any county, municipality, rural waterworks facilities 12
board, regional airport authority, border municipal airport authority, public 13
facilities board, regional solid waste management board, joint county and 14
municipal sanitation authority, public library system formed under the 15
Interlocal Cooperation Act, § 25 -20-101 et seq., suburban improvement 16
district under § 14-92-502, public water authority, or regional water 17
distribution board in the s tate whose employees are included in the 18
membership of the Arkansas Public Employees' Retirement System; 19
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SECTION 3. Arkansas Code § 24 -4-101, concerning definitions applicable 21
to the Arkansas Public Employees' Retirement System, is amended to add an 22
additional subdivision to read as follows: 23
(48) "Public library system" means a public library system 24
formed under the Interlocal Cooperation Act, § 25 -20-101 et seq., that 25
chooses to participate in the Arkansas Public Employees' Retirement System. 26
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SECTION 4. Arkansas Code § 24 -4-202, concerning contributions to the 28
Arkansas Public Employees' Retirement System Fund, is amended to add an 29
additional subdivision to read as follows: 30
(j) In the event that a public library system formed under the 31
Interlocal Cooperation Act, § 24 -20-201 et seq., fails to pay required 32
contributions for its employees under this chapter, the county that 33
appropriates funds to support the public library system shall pay an amount 34
to cover: 35
(1) Required employer and employee con tributions on behalf of 36 As Engrossed: S4/4/23 SB163
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those employees; and 1
(2) The county's proportional funding of the public library 2
system. 3
/s/J. Payton 4
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