Assigned to APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1034
ASRS; return to work; prosecutors
Purpose
Allows a retired Arizona State Retirement System (ASRS) member, after six months of
retirement, to return to work as a state, county, city or town prosecutor and still be eligible for
retirement benefits.
Background
Statute allows a retired ASRS member to return to work without a suspension of benefits
if the retiree: 1) works under 20 hours a week for an ASRS employer; 2) has attained the member's
normal retirement age; 3) terminated direct employment with an employer for at least 365
consecutive days before returning to work; or 4) returns to work as a teacher. Additionally, there
is no effect on pension eligibility or collection if a retired ASRS member works directly for an
ASRS employer for 20 hours or more a week after the member has reached the normal retirement
age threshold and at least 365 days have passed since their termination or the retired ASRS member
works for a non-ASRS employer. If the retired ASRS member returns to work but does not meet
the outlined requirements, benefits are suspended and the member is moved back into active
membership (A.R.S. ยงยง 38-766 and 38-766.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a retired ASRS member who terminated direct employment at least six months after
the date of retirement before returning to work to return to work as a prosecutor for the state
or a county, city or town and still be eligible to receive retirement benefits.
2. Defines prosecutor as a county attorney, municipal prosecutor or attorney general, including
an assistant or deputy county attorney, municipal prosecutor or attorney general.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2025
MG/KP/ci