Arkansas 2025 Regular Session

Arkansas House Bill HB1207 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 127 of the Regular Session
3	2		LJH050 01/23/2025 9:53:22 AM LJH050
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1207 3
7	6		4
8	7		By: Representative Warren 5
9	8		By: Senator Gilmore 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO MAKE TECHNICAL CORRECTIONS AND CLARIFY 9
13	12		LANGUAGE FOR THE PROPER ADMINISTRATION OF BENEFITS 10
14	13		UNDER THE STATE POLICE RETIREMENT SYSTEM; AND FOR 11
15	14		OTHER PURPOSES. 12
16	15		13
17	16		14
18	17		Subtitle 15
19	18		TO MAKE TECHNICAL CORRECTIONS AND 16
20	19		CLARIFY LANGUAGE FOR THE PROPER 17
21	20		ADMINISTRATION OF BENEFITS UNDER THE 18
22	21		STATE POLICE RETIREMENT SYSTEM. 19
23	22		20
24	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
25	24		22
26	25		SECTION 1. Arkansas Code § 24 -6-218(a)—(c), concerning survivors' 23
27	26		benefits for the surviving spouse and children of an officer killed in the 24
28	27		line of duty while not a member of the State Police Retirement System, is 25
29	28		amended to read as follows: 26
30	29		(a)(1) In the event any uniformed employee of the Division of Arkansas 27
31	30		State Police state police officer is killed while in the performance of his 28
32	31		or her duties, yet the surviving spouse and surviving children of the 29
33	32		uniformed employee of the division state police officer are deprived of 30
34	33		receiving benefits as prescribed in § 24 -6-217 because the uniformed employee 31
35	34		state police officer was not a member of the system State Police Retirement 32
36	35		System at the time of his or her death, or had not completed any probationary 33
37	36		period of service required by rules of the Arkansas State Police Commission, 34
38	37		or had not obtained sufficient service for benefits, the surviving spouse may 35
39	38		make application to the Board of Trustees of the State Police Retirement 36 HB1207
40	39
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42	41		System. 1
43	42		(2) Upon establishing proof of the facts set forth in this 2
44	43		subsection, the surviving spouse and surviving children shall be eligible for 3
45	44		and receive survivors' benefits for himself or herself and the unmarried 4
46	45		children of the deceased uniformed employee state police officer who was 5
47	46		killed in the line of duty, which if the children are under eighteen (18) 6
48	47		years of age or under twenty-two (22) twenty-three (23) years of age while 7
49	48		enrolled in an institution of higher education, as provided in § 24 -6-217. 8
50	49		(b) Upon the reaching of eighteen (18) years of age by the unmarried 9
51	50		children or the failure to enroll in an institution of higher education if 10
52	51		the child is under twenty-two (22) twenty-three (23) years of age, the 11
53	52		surviving spouse shall continue to receive benefits as provided by law, but 12
54	53		upon his or her remarriage or death, the benefits shall terminate. 13
55	54		(c) It is the specific intent of this section that surviving spouses 14
56	55		as described in this section be eligible for survivors' benefits for 15
57	56		themselves and any unmarried children under eighteen (18) years of age of the 16
58	57		deceased uniformed employee of the division state police officer who was 17
59	58		killed in the line of duty, or any children under twenty-two (22) twenty-18
60	59		three (23) years of age while enrolled in an institution of higher education, 19
61	60		irrespective of whether the employee was a member of, or was eligible for 20
62	61		benefits under, the State Police Retirement System at the time of his or her 21
63	62		death. 22
64	63		23
65	64		SECTION 2. Arkansas Code § 24 -6-226(c), concerning voluntary 24
66	65		retirement for Tier 1 noncontributory members under the State Police 25
67	66		Retirement System, is amended to read as follows: 26
68	67		(c) Upon the member's retirement, he or she shall receive a pension 27
69	68		provided for in § 24-6-216 § 24-6-227. 28
70	69		29
71	70		SECTION 3. Arkansas Code § 24 -6-409(c)—(d), concerning the calculation 30
72	71		of a benefit payable as a redetermined amount under the Tier Two Benefit Plan 31
73	72		of the State Police Retirement System, is repealed. 32
74	73		(c) In no event shall the redetermined amount be more than the 33
75	74		amount of the benefit payable as of the immediately preceding July 1 34
76	75		multiplied by the following fraction: 35
77	76		(1) The numerator shall be the average of the consumer price 36 HB1207
78	77
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80	79		index for the twelve (12) calendar months in the calendar year immediately 1
81	80		preceding July 1, but in no event an amount less than the denominator; and 2
82	81		(2) The denominator shall be the average of the consumer price 3
83	82		index for the twelve (12) calendar months in the second calendar year 4
84	83		preceding the redetermination date. 5
85	84		(d)(1) As used in this section, “consumer price index” means the 6
86	85		Consumer Price Index for All Urban Consumers, as determined by the United 7
87	86		States Department of Labor and in effect January 1, 1987. 8
88	87		(2) However, should the consumer price index be restructured 9
89	88		subsequent to 1988 in a manner materially changing its character, the Board 10
90	89		of Trustees of the State Police Retirement System, after receiving the advice 11
91	90		of the actuary, shall change the application of the consumer price index so 12
92	91		that, as far as is practicable, the 1986 intent of the use of the consumer 13
93	92		price index shall be continued. 14
94	93		15
95	94		SECTION 4. Arkansas Code § 24 -6-413(b), concerning when Tier Two 16
96	95		Benefit Plan benefits may be levied by a court and the protection of benefits 17
97	96		from certain creditors under the State Police Retirement System, is amended 18
98	97		to read as follows: 19
99	98		(b) An exception to the prohibition against subjection of annuity 20
100	99		rights to any process of law is allowed for the following: 21
101	100		(1) An employer shall have the right of setoff for any claim 22
102	101		arising from embezzlement by or fraud of a member, retirant, or beneficiary ; 23
103	102		and 24
104	103		(2) A court of competent jurisdiction of this state may order 25
105	104		the monthly benefit of a retirant to be paid into the registry of the court 26
106	105		for disposition as the court deems just and proper if the retirant is found 27
107	106		by the court to be willfully refusing or failing to support his or her minor 28
108	107		dependent children in violation of a court order providing for that support . 29
109	108		30
110	109		31
111		-	~~APPROVED: 2/20/25~~ 32
	110	+	32
112	111		33
113	112		34
114	113		35
115	114		36