1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *LJH054* 01/21/2025 9:18:13 AM LJH054 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 SENATE BILL 79 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Senator Crowell 5 |
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8 | 8 | | By: Representative Jean 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING SERVICE CREDIT FOR 9 |
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12 | 12 | | ELECTED OFFICIALS PARTICIPATING IN A PUBLIC EMPLOYEE 10 |
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13 | 13 | | RETIREMENT PLAN; TO AMEND THE LAW CONCERNING THE 11 |
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14 | 14 | | ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE 12 |
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15 | 15 | | STATE POLICE RETIREMENT SYSTEM; TO PERMIT A CHANGE IN 13 |
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16 | 16 | | THE DATE OF RETIREMENT IN THE CASE OF A NON -14 |
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17 | 17 | | CONTRIBUTORY MEMBER WITH SERVICE IN BOTH THE ARKANSAS 15 |
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18 | 18 | | PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE STATE 16 |
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19 | 19 | | POLICE RETIREMENT SYSTEM WHEN THE MEMBER HAS 17 |
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20 | 20 | | CONTINUOUS SERVICE IN ONE SYSTEM AND ERRONEOUSLY 18 |
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21 | 21 | | RETIRED FROM COVERED EMPLOYMENT WITH BOTH SYSTEMS 19 |
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22 | 22 | | WHEN CHANGING COVERED EMPLOYMENT; TO ALLOW FOR A 20 |
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23 | 23 | | CHANGE OF SELECTION OF RETIREMENT ANNUITY UNDER THE 21 |
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24 | 24 | | ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM DEFERRED 22 |
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25 | 25 | | RETIREMENT OPTION PLAN; AND FOR OTHER PURPOSES. 23 |
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26 | 26 | | 24 |
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27 | 27 | | 25 |
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28 | 28 | | Subtitle 26 |
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29 | 29 | | TO AMEND THE LAW CONCERNING THE ARKANSAS 27 |
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30 | 30 | | PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND 28 |
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31 | 31 | | THE STATE POLICE RETIREMENT SYSTEM. 29 |
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32 | 32 | | 30 |
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33 | 33 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 31 |
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34 | 34 | | 32 |
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35 | 35 | | SECTION 1. Arkansas Code Title 24, Chapter 2, Subchapter 7, is amended 33 |
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36 | 36 | | to add additional sections to read as follows: 34 |
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37 | 37 | | 24-2-705. Service in Arkansas Public Employees' Retirement System and 35 |
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38 | 38 | | State Police Retirement System — Erroneous retirement — Affidavit. 36 SB79 |
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39 | 39 | | |
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41 | 41 | | (a)(1) If a noncontributory member, including without limitation a 1 |
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42 | 42 | | noncontributory member who is an elected official, establishes service in 2 |
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43 | 43 | | both the Arkansas Public Employees' Retirement System and the State Police 3 |
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44 | 44 | | Retirement System and has continuous service in either system, but 4 |
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45 | 45 | | erroneously retired from both systems when his or her employment changed from 5 |
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46 | 46 | | being covered by one (1) of the systems to the other system, the non -6 |
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47 | 47 | | contributory member may file with the relevant retirement system an affidavit 7 |
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48 | 48 | | stating that his or her retirement from his or her most recent employer was 8 |
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49 | 49 | | in error. 9 |
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50 | 50 | | (2) If the noncontributory member files the affidavit in 10 |
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51 | 51 | | subdivision (a)(1) of this section, he or she shall have his or her date of 11 |
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52 | 52 | | retirement changed to the last date of employment with his or her most recent 12 |
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53 | 53 | | employer. 13 |
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54 | 54 | | (b) The Arkansas Public Employees' Retirement System shall create a 14 |
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55 | 55 | | formula to calculate interest that has accrued in the event that the 15 |
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56 | 56 | | noncontributory member has: 16 |
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57 | 57 | | (1) Paid contributions to the system that covers his or her most 17 |
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58 | 58 | | recent employment; and 18 |
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59 | 59 | | (2) Received any retirement benefits from the system that covers 19 |
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60 | 60 | | his or her most recent employment. 20 |
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61 | 61 | | (c) A person making an election under this section must submit the 21 |
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62 | 62 | | affidavit under subdivision (a)(1) of this section no later than: 22 |
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63 | 63 | | (1) Six (6) months after retiring from his or her final position 23 |
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64 | 64 | | in covered employment with either the Arkansas Public Employees' Retirement 24 |
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65 | 65 | | System or the State Police Retirement System; or 25 |
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66 | 66 | | (2) Six (6) months from the effective date of this act, if the 26 |
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67 | 67 | | person has already retired from his or her final position in covered 27 |
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68 | 68 | | employment with either the Arkansas Public Employees' Retirement System or 28 |
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69 | 69 | | the State Police Retirement System. 29 |
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70 | 70 | | 30 |
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71 | 71 | | SECTION 2. Arkansas Code § 24 -4-803(b), concerning a member's deferred 31 |
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72 | 72 | | option contributions and selection of deferred retirement option, time of 32 |
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73 | 73 | | retirement deferral, and retirement annuity under the Arkansas Public 33 |
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74 | 74 | | Employees' Retirement System Deferred Retirement Option Plan, is amended to 34 |
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75 | 75 | | read as follows: 35 |
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76 | 76 | | (b)(1) The member's deferred option account shall be the account in 36 SB79 |
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77 | 77 | | |
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79 | 79 | | which shall be accumulated the member's deferred option contributions, plus 1 |
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80 | 80 | | interest. Effective July 1, 1999, the The Arkansas Public Employees' 2 |
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81 | 81 | | Retirement System's deferred option contributions shall be at least seventy -3 |
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82 | 82 | | five percent (75%) of the system's deferred option benefit with the exact 4 |
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83 | 83 | | contribution to be determined in accordance with the rules of the board as is 5 |
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84 | 84 | | actuarially appropriate for the system. The member shall be informed of the 6 |
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85 | 85 | | amount of his or her deferred option contribution and informed that his or 7 |
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86 | 86 | | her selection of the deferred retirement option , and the time of the 8 |
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87 | 87 | | retirement deferral, and the selection of the retirement annuity are 9 |
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88 | 88 | | irrevocable. 10 |
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89 | 89 | | (2) The member's section of the retirement annuity may be 11 |
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90 | 90 | | changed one (1) time after his or her initial election, subject to the 12 |
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91 | 91 | | requirements of subdivision (b)(3) of this section: 13 |
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92 | 92 | | (A) At the election of the member; and 14 |
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93 | 93 | | (B) By contacting the board. 15 |
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94 | 94 | | (3) A person making a change of election under subdivision 16 |
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95 | 95 | | (b)(2) of this section must submit an affidavit requesting to change his or 17 |
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96 | 96 | | her selection of retirement annuity no later than: 18 |
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97 | 97 | | (A) Six (6) months after retiring from his or her final 19 |
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98 | 98 | | position in covered employment with the system; or 20 |
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99 | 99 | | (B) Six (6) months from the effective date of this act, if 21 |
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100 | 100 | | the person has already retired from his or her final position in covered 22 |
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101 | 101 | | employment with the system. 23 |
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102 | 102 | | (4) A person who elects to change his or her selection of 24 |
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103 | 103 | | retirement annuity under subdivision (b)(2) of this section shall pay to the 25 |
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104 | 104 | | system a lump sum of any difference in the monetary benefits he or she 26 |
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105 | 105 | | received from his or her initial selection of retirement annuity and his or 27 |
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106 | 106 | | her subsequent selection of retirement annuity to the system within six (6) 28 |
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107 | 107 | | months after the change in retirement annuity becomes effective. 29 |
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114 | 114 | | 36 |
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