Arkansas 2025 Regular Session

Arkansas Senate Bill SB151 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	LJH110 01/30/2025 1:01:52 PM LJH110
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 151 3
6	6	4
7	7	By: Senators M. Johnson, C. Tucker 5
8	8	By: Representatives Andrews, Rye 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO THE AMEND LAW CONCERNING RETIREMENT 9
12	12	BENEFITS; TO PROHIBIT COLLECTION OF BENEFITS BY 10
13	13	MEMBERS, RETIRANTS, OR BENEFICIARIES OF RETIREMENT 11
14	14	SYSTEMS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES; 12
15	15	AND FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO AMEND LAW CONCERNING RETIREMENT 17
20	20	BENEFITS; AND TO PROHIBIT COLLECTION OF 18
21	21	BENEFITS BY MEMBERS, RETIRANTS, OR 19
22	22	BENEFICIARIES OF RETIREMENT SYSTEMS WHO 20
23	23	HAVE BEEN CONVICTED OF CERTAIN OFFENSES. 21
24	24	22
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
26	26	24
27	27	SECTION 1. Arkansas Code § 24 -1-301, concerning the definitions used 25
28	28	in the forfeiture of retirement benefits, is amended to add additional 26
29	29	subdivisions to read as follows: 27
30	30	(3)(A) "Benefit" means a monthly payment made to a retirant or 28
31	31	the beneficiary of a member or retirant by a retirement system. 29
32	32	(B) "Benefit" does not include employee contributions to a 30
33	33	retirement system; 31
34	34	(4) "Member" means a person who is included in the membership of 32
35	35	a retirement system; 33
36	36	(5)(A) "Public office" means an office created by or under the 34
37	37	authority of the laws of the State of Arkansas or a subdivision thereof that 35
38	38	is filled by a person who is elected by the voters of the State of Arkansas. 36 SB151
39	39
40	40	2 01/30/2025 1:01:52 PM LJH110
41	41	(B) "Public office" does not include an office created by 1
42	42	or under the authority of any federal law; 2
43	43	(6) "Public trust crime" means a crime prohibited under Arkansas 3
44	44	Constitution, Article 5, § 9; and 4
45	45	(7) "Retirant" means a member who retires with a benefit payable 5
46	46	from funds of a retirement system. 6
47	47	7
48	48	SECTION 2. Arkansas Code § 24 -1-302 is amended to read as follows: 8
49	49	24-1-302. Forfeiture of benefits. 9
50	50	(a)(1) A member or retirant forfeits his or her right to benefit 10
51	51	payments under a retirement system if he or she pleads guilty or nolo 11
52	52	contendere to or is found guilty of a public trust crime while holding public 12
53	53	office in this state. 13
54	54	(2) A beneficiary forfeits his or her right to benefit payments 14
55	55	under a retirement system if he or she: 15
56	56	(A) Is convicted by a court of competent jurisdiction of 16
57	57	the unlawful killing of the member or retirant Pleads guilty or nolo 17
58	58	contendere to or is found guilty of the unlawful killing of a member or 18
59	59	retirant; 19
60	60	(B) Pleads guilty or nolo contendere to the unlawful 20
61	61	killing of the member or retirant Pleads guilty or nolo contendere to or is 21
62	62	found guilty of a public trust crime while holding public office in this 22
63	63	state, unless he or she is participating in a retirement system defined under 23
64	64	§ 24-1-301(2)(F); or 24
65	65	(C) Is found liable by a court of competent jurisdiction 25
66	66	for the unlawful killing wrongful death of the member or retirant by a 26
67	67	preponderance of the evidence in a civil action ; 27
68	68	(D) Is acquitted by a court of competent jurisdiction for 28
69	69	the unlawful killing of the member or retirant by reason of insanity, mental 29
70	70	defect or disease, or any other mental incapacity; or 30
71	71	(E) Is found by a court of competent jurisdiction to lack 31
72	72	the capacity to understand or effectively assist in defending a criminal 32
73	73	proceeding against him or her for the unlawful killing of the member or 33
74	74	retirant. 34
75	75	(2)(3)(A) If a retirement system finds that a member, retirant, 35
76	76	or beneficiary has forfeited his or her right to benefit payments from the 36 SB151
77	77
78	78	3 01/30/2025 1:01:52 PM LJH110
79	79	retirement system under subdivision (a)(1) subsection (a) of this section, 1
80	80	the retirement system shall treat the beneficiary as if he or she is 2
81	81	deceased: 3
82	82	(i) and shall not Not make benefit payments to the 4
83	83	member, retirant, or beneficiary.; and 5
84	84	(ii) Refund the employee contributions accumulated 6
85	85	with interest as defined by the retirement system that were made by the 7
86	86	member or retirant to the retirement system to: 8
87	87	(a) The member or retirant; or 9
88	88	(b) If deceased, the estate of the member or 10
89	89	retirant if the member or retirant does not have a contingent beneficiary who 11
90	90	may receive benefit payments under this section. 12
91	91	(B) If a retirant is already receiving benefits, then his 13
92	92	or her employee contributions, less benefits received by the retirant through 14
93	93	the retirement system, shall be refunded to him or her in full. 15
94	94	(4)(A) A retirement system may make the refund of employee 16
95	95	contributions accumulated with interest as defined by the retirement system 17
96	96	to a member or retirant by a: 18
97	97	(i) Lump-sum payment to the member or retirant; or 19
98	98	(ii) Series of monthly payments to the member or 20
99	99	retirant in amounts equal to the amount the individual paid in to the 21
100	100	retirement system with an interest rate as defined by the retirement system. 22
101	101	(B) A retirement system shall make the refund of employee 23
102	102	contributions to the estate of a member or retirant by a lump -sum payment to 24
103	103	the estate of the member or retirant. 25
104	104	(C) Payments made under subdivision (a)(4)(A) of this 26
105	105	section shall cease when the member or retirant is fully reimbursed for his 27
106	106	or her employee contributions paid in to the retirement system with an 28
107	107	interest rate as defined by the retirement system. 29
108	108	(b)(1) If a member, retirant, or beneficiary appeals his or her 30
109	109	conviction for an offense or a judgment described under subdivision (a)(1) 31
110	110	subdivision (a)(1) or (a)(2) of this section, benefit payments shall not be 32
111	111	paid to the member, retirant, or beneficiary unless the appeal results in a 33
112	112	reversal of the conviction or judgment. 34
113	113	(2)(A) If the conviction of a member, retirant, or beneficiary 35
114	114	for an offense or a judgment described under subdivision (a)(1) subdivision 36 SB151
115	115
116	116	4 01/30/2025 1:01:52 PM LJH110
117	117	(a)(1) or (a)(2) of this section is reversed, the retirement system may make 1
118	118	benefit payments to the member, retirant, or beneficiary upon repayment of 2
119	119	accumulated contributions with interest to the system . 3
120	120	(B) If the conviction of a member, retirant, or 4
121	121	beneficiary for an offense or a judgment described under subdivision (a)(1) 5
122	122	subdivision (a)(1) or (a)(2) of this section is affirmed, the retirement 6
123	123	system shall not make benefit payments to the member, retirant, or 7
124	124	beneficiary. 8
125	125	(c) If a member or retirant does not have a contingent beneficiary who 9
126	126	may receive benefit payments under this section, the member or retirant's 10
127	127	contributions to the retirement system shall be refunded to the estate of the 11
128	128	member or retirant. 12
129	129	13
130	130	SECTION 3. DO NOT CODIFY. Legislative intent. 14
131	131	It is the intent of the General Assembly that this act not be construed 15
132	132	to apply retroactively to a member or retirant of a retirement system, and 16
133	133	shall only apply to a member who begins making employee contributions 17
134	134	following the effective date of this act. 18
135	135	19
136	136	20
137	137	21
138	138	22
139	139	23
140	140	24
141	141	25
142	142	26
143	143	27
144	144	28
145	145	29
146	146	30
147	147	31
148	148	32
149	149	33
150	150	34
151	151	35
152	152	36