| 4 | 2 | | *LJH006* 01/16/2025 9:21:42 AM LJH006 |
|---|
| 5 | 3 | | State of Arkansas 1 |
|---|
| 6 | 4 | | A Bill 2 |
|---|
| 7 | 5 | | Regular Session, 2025 HOUSE BILL 1155 3 |
|---|
| 8 | 6 | | 4 |
|---|
| 9 | 7 | | By: Representative Warren 5 |
|---|
| 10 | 8 | | By: Senator J. Dotson 6 |
|---|
| 11 | 9 | | 7 |
|---|
| 12 | 10 | | For An Act To Be Entitled 8 |
|---|
| 13 | 11 | | AN ACT TO CREATE A REBUTTABLE PRESUMPTION OF 9 |
|---|
| 14 | 12 | | QUALIFICATION FOR DISABILITY RETIREMENT BENEFITS 10 |
|---|
| 15 | 13 | | UNDER THE ARKANSAS TEACHER RETIREMENT SYSTEM FOR 11 |
|---|
| 16 | 14 | | MEMBERS WITH A SERVICE -CONNECTED TOTAL AND PERMANENT 12 |
|---|
| 17 | 15 | | DISABILITY RATING FROM THE UNITED STATES DEPARTMENT 13 |
|---|
| 18 | 16 | | OF VETERANS AFFAIRS; TO DECLARE AN EMERGENCY; AND FOR 14 |
|---|
| 19 | 17 | | OTHER PURPOSES. 15 |
|---|
| 20 | 18 | | 16 |
|---|
| 21 | 19 | | 17 |
|---|
| 22 | 20 | | Subtitle 18 |
|---|
| 23 | 21 | | TO CREATE A REBUTTABLE PRESUMPTION OF 19 |
|---|
| 24 | 22 | | QUALIFICATION FOR DISABILITY RETIREMENT 20 |
|---|
| 25 | 23 | | BENEFITS UNDER THE ARKANSAS TEACHER 21 |
|---|
| 26 | 24 | | RETIREMENT SYSTEM; AND TO DECLARE AN 22 |
|---|
| 27 | 25 | | EMERGENCY. 23 |
|---|
| 28 | 26 | | 24 |
|---|
| 29 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
|---|
| 30 | 28 | | 26 |
|---|
| 31 | 29 | | SECTION 1. Arkansas Code § 24 -7-704(a)(1)(F), concerning a rebuttal 27 |
|---|
| 32 | 30 | | presumption of qualification to receive disability retirement benefits under 28 |
|---|
| 33 | 31 | | the Arkansas Teacher Retirement System, is amended to read as follows: 29 |
|---|
| 34 | 32 | | (F) A favorable determination letter from the Social 30 |
|---|
| 35 | 33 | | Security Administration finding that the member is unable to perform his or 31 |
|---|
| 36 | 34 | | her current work duties shall create a rebuttable presumption that the member 32 |
|---|
| 37 | 35 | | qualifies to receive disability retirement benefits A rebuttable presumption 33 |
|---|
| 38 | 36 | | that a member qualifies to receive disability retirement benefits is created 34 |
|---|
| 39 | 37 | | if the member submits a: 35 |
|---|
| 40 | 38 | | (i) Favorable determination letter from the Social 36 HB1155 |
|---|
| 41 | 39 | | |
|---|
| 42 | 40 | | 2 01/16/2025 9:21:42 AM LJH006 |
|---|
| 43 | 41 | | Security Administration finding that the member is unable to perform his or 1 |
|---|
| 44 | 42 | | her current work duties; or 2 |
|---|
| 45 | 43 | | (ii) Service-connected disability rating from the 3 |
|---|
| 46 | 44 | | United States Department of Veterans Affairs finding that the member has a 4 |
|---|
| 47 | 45 | | one hundred percent (100%) permanent and total disability . 5 |
|---|
| 48 | 46 | | 6 |
|---|
| 49 | 47 | | SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 7 |
|---|
| 50 | 48 | | General Assembly of the State of Arkansas that the operations of a state 8 |
|---|
| 51 | 49 | | public retirement system are complex; that the Arkansas Teacher Retirement 9 |
|---|
| 52 | 50 | | System must be able to meet the needs of its members as anticipated by the 10 |
|---|
| 53 | 51 | | General Assembly; that certain provisions of the Arkansas Teacher Retirement 11 |
|---|
| 54 | 52 | | System Act, § 24-7-201 et seq., need immediate revision and updating to 12 |
|---|
| 55 | 53 | | address administrative complexities caused by these provisions and to bring 13 |
|---|
| 56 | 54 | | these provisions into conformance with sound public pension policy and 14 |
|---|
| 57 | 55 | | actuarial requirements; that the revisions and updates are of great 15 |
|---|
| 58 | 56 | | importance to members of the Arkansas Teacher Retirement System and to other 16 |
|---|
| 59 | 57 | | citizens of the State of Arkansas; that as the Arkansas Teacher Retirement 17 |
|---|
| 60 | 58 | | System operates on a fiscal year of July 1 to June 30, an effective date of 18 |
|---|
| 61 | 59 | | July 1, 2025, is necessary in order to allow the provisions within this act 19 |
|---|
| 62 | 60 | | to begin on the first day of the fiscal year and to allow for a structured 20 |
|---|
| 63 | 61 | | and proper administration of the procedures referenced in this act; that the 21 |
|---|
| 64 | 62 | | updates and revisions to the Arkansas Teacher Retirement System Act are of 22 |
|---|
| 65 | 63 | | great importance and necessary for protecting member benefits and clarifying 23 |
|---|
| 66 | 64 | | the reporting and contribution requirements of employers participating in the 24 |
|---|
| 67 | 65 | | Arkansas Teacher Retirement System; and that this act is necessary in order 25 |
|---|
| 68 | 66 | | to maintain an orderly system of benefits for the members of the Arkansas 26 |
|---|
| 69 | 67 | | Teacher Retirement System. Therefore, an emergency is declared to exist, and 27 |
|---|
| 70 | 68 | | this act being necessary for the preservation of the public peace, health, 28 |
|---|
| 71 | 69 | | and safety, shall become effective on July 1, 2025. 29 |
|---|
| 72 | 70 | | 30 |
|---|
| 73 | 71 | | 31 |
|---|