Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1154 Draft / Bill

Filed 01/16/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
   A Bill     2 
Regular Session, 2025  	HOUSE BILL 1154 3 
 4 
By: Representative Warren 5 
By: Senator K. Hammer 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO ENACT THE ARKANSAS TEACHER RETIREMENT 9 
SYSTEM'S GENERAL OMNIBUS; TO AMEND THE LAW CONCERNING 10 
RECOGNITION OF FEDERAL RETIREMENT PROGRAMS, 11 
CONTRIBUTORY AND NONCONTRIBUTORY MEMBERSHIP STATUS, 12 
TEMPORARY WAIVERS FOR ELECTRONICALLY REPORTING AND 13 
PAYING CONTRIBUTIONS TO THE ARKANSAS TEACHER 14 
RETIREMENT SYSTEM, OPTION A AND OPTION B ANNUITY 15 
ELECTIONS AND DISTRIBUTIONS UNDER THE ARKANSAS 16 
TEACHER RETIREMENT SYSTEM, THE EFFECTIVE DATE OF 17 
SURVIVOR BENEFITS UNDER THE ARKANSAS TEACHER 18 
RETIREMENT SYSTEM, RESIDUE DISPOSITIONS UNDER THE 19 
ARKANSAS TEACHER RETIREMENT SYSTEM, ELIGIBILITY TO 20 
PARTICIPATE IN A PSHE PLAN, AND OTHER VARIOUS 21 
PROVISIONS APPLICABLE TO THE ARKANSAS TEACHER 22 
RETIREMENT SYSTEM; TO DECLARE AN EMERGENCY; AND FOR 23 
OTHER PURPOSES. 24 
 25 
 26 
Subtitle 27 
TO ENACT THE ARKANSAS TEACHER RETIREMENT 28 
SYSTEM'S GENERAL OMNIBUS; AND TO DECLARE 29 
AN EMERGENCY. 30 
 31 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 32 
 33 
 SECTION 1.  Arkansas Code § 24 -1-107(b)(1)(B)(i), concerning the 34 
recognition of federal retirement programs, is amended to read as follows: 35 
 (B)(i)  A member of the Arkansas Teacher Retirement System 36    	HB1154 
 
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shall receive credit for the member's federal service upon the payment of the 1 
cost of service under § 24 -7-502(b) and as actuarial equivalent of the 2 
member's benefits to the Arkansas Teacher Retirement System and the 3 
fulfillment of all other requirements as may be prescribed by the Board of 4 
Trustees of the Arkansas Teacher Retirement System. 5 
 6 
 SECTION 2.  Arkansas Code § 24 -7-406(e)(1)(C)(iii), concerning 7 
contributory and noncontributory status under the Arkansas Teacher Retirement 8 
System, is amended to read as follows: 9 
 (iii)  Effective July 1, 2021, From July 1, 2021, to 10 
June 30, 2025, regardless of an earlier election to be a noncontributory 11 
member of the system, an active member whose status later changes from 12 
nonteacher status to administrator or teacher status under a contract for one 13 
hundred eighty-five (185) days or more shall become a contributory member of 14 
the system otherwise provided for in this section. 15 
 16 
 SECTION 3.  Arkansas Code § 24 -7-411(f), concerning temporary waivers 17 
for electronically reporting and paying contributions to the Arkansas Teacher 18 
Retirement System, is repealed. 19 
 (f)(1)  An employer shall submit a written request for a temporary 20 
waiver to the board by July 1, 2022, when the employer is unable to: 21 
 (A)  Report contributions electronically through the 22 
system; or 23 
 (B)  Pay contributions to the system by electronic 24 
transfer. 25 
 (2)  A request for a temporary waiver submitted under subdivision 26 
(f)(1) of this section shall include a timeline for when the employer will be 27 
able to comply with the payment and reporting requirements under this 28 
section. 29 
 30 
 SECTION 4.  Arkansas Code § 24 -7-706(a)(4)(B)(iii), concerning the 31 
distribution of an Option B annuity under the Arkansas Teacher Retirement 32 
System, is amended to read as follows: 33 
 (iii)  Upon the death of a retiree, if more than one 34 
(1) dependent child is designated as the retiree's Option B beneficiary and a 35 
spouse is not designated as the retiree's Option B beneficiary, the retiree's 36    	HB1154 
 
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reduced annuity one-half (1/2) of the retiree's reduced annuity shall be paid 1 
in equal shares to each dependent child designated as the retiree's Option B 2 
beneficiary. 3 
 4 
 SECTION 5.  Arkansas Code § 24 -7-706(d)(3), concerning a residue 5 
beneficiary's eligibility to elect an Option A annuity under the Arkansas 6 
Teacher Retirement System, is amended to read as follows: 7 
 (3)  The election form must be received by the system within one 8 
hundred twenty (120) days of the death of the retiree by the end of the 9 
fourth full calendar month following the retiree's death . 10 
 11 
 SECTION 6.  Arkansas Code § 24 -7-706(g), concerning the effective date 12 
of survivor benefits under the Arkansas Teacher Retirement System, is 13 
repealed. 14 
 (g)  A retiree's effective retirement date and the date when survivor 15 
benefits under this section are payable shall be determined by the law in 16 
effect at the time of the retiree's death. 17 
 18 
 SECTION 7.  Arkansas Code § 24 -7-709(a)(4), concerning the disposition 19 
of retiree residue under the Arkansas Teacher Retirement System, is repealed. 20 
 (4)  If all designated beneficiaries predecease the retiree, the 21 
residue shall be paid to the estate of the most recently deceased designated 22 
beneficiary. 23 
 24 
 SECTION 8.  Arkansas Code § 24 -7-710(b)(1)(B)(i)(a), concerning the 25 
effective benefit date of a surviving spouse annuity under the Arkansas 26 
Teacher Retirement System, is amended to read as follows: 27 
 (a)  Accumulated twenty -five (25) years or more 28 
of credited service and qualified as eligible to receive a retirement annuity 29 
under §§ 24-7-701 and 24-7-702 § 24-7-701 or § 24-7-702; or 30 
 31 
 SECTION 9.  Arkansas Code § 24 -7-1605(a)(2), concerning the eligibility 32 
of a new employee of a PSHE employer to participate in a PSHE plan, is 33 
amended to read as follows: 34 
 (2)  A new employee of a PSHE employer may participate in the 35 
PSHE plan if the employee: 36    	HB1154 
 
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 (A)  Is benefits-eligible as determined by the PSHE 1 
employer; 2 
 (B)  Is a vested member of the Arkansas Teacher Retirement 3 
System at the time of initial employment; Is either: 4 
 (i)  A vested member of the Arkansas Teacher 5 
Retirement System at the time of initial employment; or 6 
 (ii)  A non-vested member of the system who meets the 7 
requirements of a less restrictive PSHE plan adopted by the specific PSHE 8 
employer. 9 
 (C)  Is not a vested member of the system but meets the 10 
requirements of a less restrictive PSHE plan adopted by the specific PSHE 11 
employer; and 12 
 (D)(C) Signs an irrevocable PSHE plan participation form 13 
provided by the system. 14 
 15 
 SECTION 10.  EMERGENCY CLAUSE.  It is found and determined by the 16 
General Assembly of the State of Arkansas that the operations of a state 17 
public retirement system are complex; that the Arkansas Teacher Retirement 18 
System must be able to meet the needs of its members as anticipated by the 19 
General Assembly; that certain provisions of the Arkansas Teacher Retirement 20 
System Act, § 24-7-201 et seq., need immediate revision and updating to bring 21 
them into conformance with sound public pension policy and actuarial 22 
requirements; that the revisions and updates are of great importance to 23 
members of the Arkansas Teacher Retirement System and to other citizens of 24 
the State of Arkansas; that as the Arkansas Teacher Retirement System 25 
operates on a fiscal year of July 1 to June 30, an effective date of July 1, 26 
2025, is necessary in order to allow the provisions within this act to begin 27 
on the first day of the fiscal year and to allow for a structured and proper 28 
administration of the procedures referenced in this act; that the updates and 29 
revisions to the Arkansas Teacher Retirement System Act are of great 30 
importance for actuarial purposes and for the improvement and protection of 31 
member benefits under the Arkansas Teacher Retirement System; and that this 32 
act is necessary in order to maintain an orderly system of benefits for the 33 
members of the Arkansas Teacher Retirement System. Therefore, an emergency 34 
is declared to exist, and this act being immediately necessary for the 35 
preservation of the public peace, health, and safety shall become effective 36    	HB1154 
 
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on July 1, 2025. 1 
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