Arkansas 2025 Regular Session

Arkansas Senate Bill SB79 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 79 3
66 4
77 By: Senator Crowell 5
88 By: Representative Jean 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO AMEND THE LAW CONCERNING SERVICE CREDIT FOR 9
1212 ELECTED OFFICIALS PARTICIPATING IN A PUBLIC EMPLOYEE 10
1313 RETIREMENT PLAN; TO AMEND THE LAW CONCERNING THE 11
1414 ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE 12
1515 STATE POLICE RETIREMENT SYSTEM; TO PERMIT A CHANGE IN 13
1616 THE DATE OF RETIREMENT IN THE CASE OF A NON -14
1717 CONTRIBUTORY MEMBER WITH SERVICE IN BOTH THE ARKANSAS 15
1818 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE STATE 16
1919 POLICE RETIREMENT SYSTEM WHEN THE MEMBER HAS 17
2020 CONTINUOUS SERVICE IN ONE SYSTEM AND ERRONEOUSLY 18
2121 RETIRED FROM COVERED EMPLOYMENT WITH BOTH SYSTEMS 19
2222 WHEN CHANGING COVERED EMPLOYMENT; TO ALLOW FOR A 20
2323 CHANGE OF SELECTION OF RETIREMENT ANNUITY UNDER THE 21
2424 ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM DEFERRED 22
2525 RETIREMENT OPTION PLAN; AND FOR OTHER PURPOSES. 23
2626 24
2727 25
2828 Subtitle 26
2929 TO AMEND THE LAW CONCERNING THE ARKANSAS 27
3030 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND 28
3131 THE STATE POLICE RETIREMENT SYSTEM. 29
3232 30
3333 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 31
3434 32
3535 SECTION 1. Arkansas Code Title 24, Chapter 2, Subchapter 7, is amended 33
3636 to add additional sections to read as follows: 34
3737 24-2-705. Service in Arkansas Public Employees' Retirement System and 35
3838 State Police Retirement System — Erroneous retirement — Affidavit. 36 SB79
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4141 (a)(1) If a noncontributory member, including without limitation a 1
4242 noncontributory member who is an elected official, establishes service in 2
4343 both the Arkansas Public Employees' Retirement System and the State Police 3
4444 Retirement System and has continuous service in either system, but 4
4545 erroneously retired from both systems when his or her employment changed from 5
4646 being covered by one (1) of the systems to the other system, the non -6
4747 contributory member may file with the relevant retirement system an affidavit 7
4848 stating that his or her retirement from his or her most recent employer was 8
4949 in error. 9
5050 (2) If the noncontributory member files the affidavit in 10
5151 subdivision (a)(1) of this section, he or she shall have his or her date of 11
5252 retirement changed to the last date of employment with his or her most recent 12
5353 employer. 13
5454 (b) The Arkansas Public Employees' Retirement System shall create a 14
5555 formula to calculate interest that has accrued in the event that the 15
5656 noncontributory member has: 16
5757 (1) Paid contributions to the system that covers his or her most 17
5858 recent employment; and 18
5959 (2) Received any retirement benefits from the system that covers 19
6060 his or her most recent employment. 20
6161 (c) A person making an election under this section must submit the 21
6262 affidavit under subdivision (a)(1) of this section no later than: 22
6363 (1) Six (6) months after retiring from his or her final position 23
6464 in covered employment with either the Arkansas Public Employees' Retirement 24
6565 System or the State Police Retirement System; or 25
6666 (2) Six (6) months from the effective date of this act, if the 26
6767 person has already retired from his or her final position in covered 27
6868 employment with either the Arkansas Public Employees' Retirement System or 28
6969 the State Police Retirement System. 29
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7171 SECTION 2. Arkansas Code § 24 -4-803(b), concerning a member's deferred 31
7272 option contributions and selection of deferred retirement option, time of 32
7373 retirement deferral, and retirement annuity under the Arkansas Public 33
7474 Employees' Retirement System Deferred Retirement Option Plan, is amended to 34
7575 read as follows: 35
7676 (b)(1) The member's deferred option account shall be the account in 36 SB79
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7979 which shall be accumulated the member's deferred option contributions, plus 1
8080 interest. Effective July 1, 1999, the The Arkansas Public Employees' 2
8181 Retirement System's deferred option contributions shall be at least seventy -3
8282 five percent (75%) of the system's deferred option benefit with the exact 4
8383 contribution to be determined in accordance with the rules of the board as is 5
8484 actuarially appropriate for the system. The member shall be informed of the 6
8585 amount of his or her deferred option contribution and informed that his or 7
8686 her selection of the deferred retirement option , and the time of the 8
8787 retirement deferral, and the selection of the retirement annuity are 9
8888 irrevocable. 10
8989 (2) The member's section of the retirement annuity may be 11
9090 changed one (1) time after his or her initial election, subject to the 12
9191 requirements of subdivision (b)(3) of this section: 13
9292 (A) At the election of the member; and 14
9393 (B) By contacting the board. 15
9494 (3) A person making a change of election under subdivision 16
9595 (b)(2) of this section must submit an affidavit requesting to change his or 17
9696 her selection of retirement annuity no later than: 18
9797 (A) Six (6) months after retiring from his or her final 19
9898 position in covered employment with the system; or 20
9999 (B) Six (6) months from the effective date of this act, if 21
100100 the person has already retired from his or her final position in covered 22
101101 employment with the system. 23
102102 (4) A person who elects to change his or her selection of 24
103103 retirement annuity under subdivision (b)(2) of this section shall pay to the 25
104104 system a lump sum of any difference in the monetary benefits he or she 26
105105 received from his or her initial selection of retirement annuity and his or 27
106106 her subsequent selection of retirement annuity to the system within six (6) 28
107107 months after the change in retirement annuity becomes effective. 29
108108 30
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112112 34
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114114 36