Arizona 2023 2023 Regular Session

Arizona House Bill HB2029 Comm Sub / Analysis

Filed 03/02/2023

                    Assigned to FIN 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR H.B. 2029 
 
ASRS; supplemental deferral plan; participation 
Purpose 
Allows a political subdivision that is not participating in the Arizona State Retirement 
System (ASRS) to enter into an agreement with ASRS to allow its employees to participate in an 
ASRS supplemental employee deferral plan (supplemental savings plan) and allows a political 
subdivision that allows its employees to participate in a supplemental savings plan to elect to join 
ASRS as prescribed for political subdivisions that have adopted a supplemental retirement plan. 
Background 
ASRS may establish one or more supplemental savings plans to provide public employees 
an opportunity to save additional tax-deferred monies for retirement. If an employer elects to 
participate in a supplemental savings plan, any employee of the employer may participate if the 
employee meets the eligibility requirements for participation prescribed by ASRS. Participation in 
a supplemental savings plan authorizes the participant's employer to make salary reductions for 
payment to the supplemental savings plan. Employee contributions and earnings are immediately 
vested and employer contributions and earnings vest according to the schedule in the supplemental 
savings plan (A.R.S. § 38-781). 
Statute allows the governing body of any political subdivision to adopt, by appropriate 
legislation, a supplemental retirement plan for employees and officers of the political subdivision. 
The supplemental retirement plan must provide the same retirement benefits and require the same 
obligations for entitlement as statutorily prescribed for ASRS members. A political subdivision or 
political subdivision entity may be eligible to participate in ASRS if it notifies ASRS in writing of 
its intent to join and provides ASRS outlined documentation, including a resolution showing that 
the entity is adopting a supplemental retirement plan. The governing body of the political 
subdivision must submit the supplemental retirement plan to the ASRS Board for approval. On 
approval, the ASRS Board must administer the political subdivision's supplemental retirement plan 
(A.R.S. § 38-729; A.A.C. R2-8-1004). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Allows a political subdivision or political subdivision entity that is not participating in ASRS 
to enter into an agreement with ASRS to allow its employees to participate in a supplemental 
savings plan that is overseen by ASRS. 
2. Allows a political subdivision or political subdivision entity that elects to allow its employees 
to participate in a supplemental savings plan overseen by ASRS (participating political 
subdivision) to elect to join ASRS as statutorily prescribed for political subdivisions that have 
adopted a supplemental retirement plan.   FACT SHEET 
H.B. 2029 
Page 2 
 
 
3. Specifies that a participating political subdivision is not an ASRS employer and its employees 
are not considered ASRS members.  
4. Prohibits a participating political subdivision from implying that the political subdivision or 
political subdivision entity offers any ASRS benefits other than participation in the 
supplemental savings plan. 
5. Prohibits a participating political subdivision that violates the benefit implication prohibition 
from allowing new employees to participate in the supplemental savings plan until the violation 
is corrected.   
6. Makes conforming changes. 
7. Becomes effective on the general effective date.  
House Action  
WM  1/18/23  DP  10-0-0-0 
3
rd
 Read  2/21/23   56-4-0  
Prepared by Senate Research 
March 2, 2023 
MG/sr