Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 151 3
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By: Senators M. Johnson, C. Tucker 5
By: Representatives Andrews, Rye 6
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For An Act To Be Entitled 8
AN ACT TO THE AMEND LAW CONCERNING RETIREMENT 9
BENEFITS; TO PROHIBIT COLLECTION OF BENEFITS BY 10
MEMBERS, RETIRANTS, OR BENEFICIARIES OF RETIREMENT 11
SYSTEMS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES; 12
AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND LAW CONCERNING RETIREMENT 17
BENEFITS; AND TO PROHIBIT COLLECTION OF 18
BENEFITS BY MEMBERS, RETIRANTS, OR 19
BENEFICIARIES OF RETIREMENT SYSTEMS WHO 20
HAVE BEEN CONVICTED OF CERTAIN OFFENSES. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 24 -1-301, concerning the definitions used 25
in the forfeiture of retirement benefits, is amended to add additional 26
subdivisions to read as follows: 27
(3)(A) "Benefit" means a monthly payment made to a retirant or 28
the beneficiary of a member or retirant by a retirement system. 29
(B) "Benefit" does not include employee contributions to a 30
retirement system; 31
(4) "Member" means a person who is included in the membership of 32
a retirement system; 33
(5)(A) "Public office" means an office created by or under the 34
authority of the laws of the State of Arkansas or a subdivision thereof that 35
is filled by a person who is elected by the voters of the State of Arkansas. 36 SB151
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(B) "Public office" does not include an office created by 1
or under the authority of any federal law; 2
(6) "Public trust crime" means a crime prohibited under Arkansas 3
Constitution, Article 5, § 9; and 4
(7) "Retirant" means a member who retires with a benefit payable 5
from funds of a retirement system. 6
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SECTION 2. Arkansas Code § 24 -1-302 is amended to read as follows: 8
24-1-302. Forfeiture of benefits. 9
(a)(1) A member or retirant forfeits his or her right to benefit 10
payments under a retirement system if he or she pleads guilty or nolo 11
contendere to or is found guilty of a public trust crime while holding public 12
office in this state. 13
(2) A beneficiary forfeits his or her right to benefit payments 14
under a retirement system if he or she: 15
(A) Is convicted by a court of competent jurisdiction of 16
the unlawful killing of the member or retirant Pleads guilty or nolo 17
contendere to or is found guilty of the unlawful killing of a member or 18
retirant; 19
(B) Pleads guilty or nolo contendere to the unlawful 20
killing of the member or retirant Pleads guilty or nolo contendere to or is 21
found guilty of a public trust crime while holding public office in this 22
state, unless he or she is participating in a retirement system defined under 23
§ 24-1-301(2)(F); or 24
(C) Is found liable by a court of competent jurisdiction 25
for the unlawful killing wrongful death of the member or retirant by a 26
preponderance of the evidence in a civil action ; 27
(D) Is acquitted by a court of competent jurisdiction for 28
the unlawful killing of the member or retirant by reason of insanity, mental 29
defect or disease, or any other mental incapacity; or 30
(E) Is found by a court of competent jurisdiction to lack 31
the capacity to understand or effectively assist in defending a criminal 32
proceeding against him or her for the unlawful killing of the member or 33
retirant. 34
(2)(3)(A) If a retirement system finds that a member, retirant, 35
or beneficiary has forfeited his or her right to benefit payments from the 36 SB151
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retirement system under subdivision (a)(1) subsection (a) of this section, 1
the retirement system shall treat the beneficiary as if he or she is 2
deceased: 3
(i) and shall not Not make benefit payments to the 4
member, retirant, or beneficiary.; and 5
(ii) Refund the employee contributions accumulated 6
with interest as defined by the retirement system that were made by the 7
member or retirant to the retirement system to: 8
(a) The member or retirant; or 9
(b) If deceased, the estate of the member or 10
retirant if the member or retirant does not have a contingent beneficiary who 11
may receive benefit payments under this section. 12
(B) If a retirant is already receiving benefits, then his 13
or her employee contributions, less benefits received by the retirant through 14
the retirement system, shall be refunded to him or her in full. 15
(4)(A) A retirement system may make the refund of employee 16
contributions accumulated with interest as defined by the retirement system 17
to a member or retirant by a: 18
(i) Lump-sum payment to the member or retirant; or 19
(ii) Series of monthly payments to the member or 20
retirant in amounts equal to the amount the individual paid in to the 21
retirement system with an interest rate as defined by the retirement system. 22
(B) A retirement system shall make the refund of employee 23
contributions to the estate of a member or retirant by a lump -sum payment to 24
the estate of the member or retirant. 25
(C) Payments made under subdivision (a)(4)(A) of this 26
section shall cease when the member or retirant is fully reimbursed for his 27
or her employee contributions paid in to the retirement system with an 28
interest rate as defined by the retirement system. 29
(b)(1) If a member, retirant, or beneficiary appeals his or her 30
conviction for an offense or a judgment described under subdivision (a)(1) 31
subdivision (a)(1) or (a)(2) of this section, benefit payments shall not be 32
paid to the member, retirant, or beneficiary unless the appeal results in a 33
reversal of the conviction or judgment. 34
(2)(A) If the conviction of a member, retirant, or beneficiary 35
for an offense or a judgment described under subdivision (a)(1) subdivision 36 SB151
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(a)(1) or (a)(2) of this section is reversed, the retirement system may make 1
benefit payments to the member, retirant, or beneficiary upon repayment of 2
accumulated contributions with interest to the system . 3
(B) If the conviction of a member, retirant, or 4
beneficiary for an offense or a judgment described under subdivision (a)(1) 5
subdivision (a)(1) or (a)(2) of this section is affirmed, the retirement 6
system shall not make benefit payments to the member, retirant, or 7
beneficiary. 8
(c) If a member or retirant does not have a contingent beneficiary who 9
may receive benefit payments under this section, the member or retirant's 10
contributions to the retirement system shall be refunded to the estate of the 11
member or retirant. 12
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SECTION 3. DO NOT CODIFY. Legislative intent. 14
It is the intent of the General Assembly that this act not be construed 15
to apply retroactively to a member or retirant of a retirement system, and 16
shall only apply to a member who begins making employee contributions 17
following the effective date of this act. 18
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