Stricken language would be deleted from and underlined language would be added to present law.
Act 223 of the Regular Session
Act 223 of the Regular Session
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State of Arkansas 1
A Bill 2
Regular Session, 2025 HOUSE BILL 1155 3
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By: Representative Warren 5
By: Senator J. Dotson 6
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For An Act To Be Entitled 8
AN ACT TO CREATE A REBUTTABLE PRESUMPTION OF 9
QUALIFICATION FOR DISABILITY RETIREMENT BENEFITS 10
UNDER THE ARKANSAS TEACHER RETIREMENT SYSTEM FOR 11
MEMBERS WITH A SERVICE -CONNECTED TOTAL AND PERMANENT 12
DISABILITY RATING FROM THE UNITED STATES DEPARTMENT 13
OF VETERANS AFFAIRS; TO DECLARE AN EMERGENCY; AND FOR 14
OTHER PURPOSES. 15
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Subtitle 18
TO CREATE A REBUTTABLE PRESUMPTION OF 19
QUALIFICATION FOR DISABILITY RETIREMENT 20
BENEFITS UNDER THE ARKANSAS TEACHER 21
RETIREMENT SYSTEM; AND TO DECLARE AN 22
EMERGENCY. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code § 24 -7-704(a)(1)(F), concerning a rebuttal 27
presumption of qualification to receive disability retirement benefits under 28
the Arkansas Teacher Retirement System, is amended to read as follows: 29
(F) A favorable determination letter from the Social 30
Security Administration finding that the member is unable to perform his or 31
her current work duties shall create a rebuttable presumption that the member 32
qualifies to receive disability retirement benefits A rebuttable presumption 33
that a member qualifies to receive disability retirement benefits is created 34
if the member submits a: 35
(i) Favorable determination letter from the Social 36 HB1155
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Security Administration finding that the member is unable to perform his or 1
her current work duties; or 2
(ii) Service-connected disability rating from the 3
United States Department of Veterans Affairs finding that the member has a 4
one hundred percent (100%) permanent and total disability . 5
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 7
General Assembly of the State of Arkansas that the operations of a state 8
public retirement system are complex; that the Arkansas Teacher Retirement 9
System must be able to meet the needs of its members as anticipated by the 10
General Assembly; that certain provisions of the Arkansas Teacher Retirement 11
System Act, § 24-7-201 et seq., need immediate revision and updating to 12
address administrative complexities caused by these provisions and to bring 13
these provisions into conformance with sound public pension policy and 14
actuarial requirements; that the revisions and updates are of great 15
importance to members of the Arkansas Teacher Retirement System and to other 16
citizens of the State of Arkansas; that as the Arkansas Teacher Retirement 17
System operates on a fiscal year of July 1 to June 30, an effective date of 18
July 1, 2025, is necessary in order to allow the provisions within this act 19
to begin on the first day of the fiscal year and to allow for a structured 20
and proper administration of the procedures referenced in this act; that the 21
updates and revisions to the Arkansas Teacher Retirement System Act are of 22
great importance and necessary for protecting member benefits and clarifying 23
the reporting and contribution requirements of employers participating in the 24
Arkansas Teacher Retirement System; and that this act is necessary in order 25
to maintain an orderly system of benefits for the members of the Arkansas 26
Teacher Retirement System. Therefore, an emergency is declared to exist, and 27
this act being necessary for the preservation of the public peace, health, 28
and safety, shall become effective on July 1, 2025. 29
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APPROVED: 2/27/25 32
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