Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 77
4
5 By: Senator Hickey
6 By: Representative Dalby
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAWS OF THE ARKANSAS JUDICIAL
10 RETIREMENT SYSTEM REGARDING A JUDGE OR JUSTICE'S
11 ABILITY TO SERVE BEYOND THE AGE OF SEVENTY AND
12 MAINTAIN HIS OR HER RIGHTS TO RETIREMENT BENEFITS; TO
13 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO AMEND THE LAWS OF THE ARKANSAS
18 JUDICIAL RETIREMENT SYSTEM REGARDING A
19 JUDGE OR JUSTICE'S ABILITY TO SERVE
20 BEYOND THE AGE OF SEVENTY AND MAINTAIN
21 HIS OR HER RIGHTS TO RETIREMENT BENEFITS;
22 AND TO DECLARE AN EMERGENCY.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code § 24-8-215(c), concerning a judge or
28 justice's service beyond the age of seventy and his or her ability to retain
29 rights to retirement benefits under the Arkansas Judicial Retirement System,
30 is repealed.
31 (c)(1) A judge or justice who is not seventy (70) years of age on the
32 date on which he or she is elected to a term of office may complete the term
33 without forfeiting his or her rights to retirement benefits under this
34 section.
35 (2)(A) Any judge or justice who is not eligible to retire at age
36 seventy (70) may continue to serve as judge until the completion of the term
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1 of office in which he or she receives sufficient credited service to retire
2 without losing his or her retirement benefits.
3 (B) The judge or justice shall lose all retirement
4 benefits if he or she serves beyond the end of the term needed to get
5 sufficient credited service to retire.
6
7 SECTION 2. Arkansas Code § 24-8-218(c)(4)(A), concerning a judge or
8 justice's entitlement to resume receiving previous retirement benefits upon
9 termination of subsequent service, is amended to read as follows:
10 (4)(A) Any judge or justice under the age of seventy (70) who is
11 receiving retirement benefits under this subchapter or § 24-8-701 et seq. and
12 who is elected or appointed to any judicial office in this state and who
13 foregoes receipt of retirement benefits while serving in the judicial office
14 shall be entitled to resume receiving his or her previous retirement benefits
15 upon termination of the subsequent service.
16
17 SECTION 3. Arkansas Code § 24-8-224 is repealed.
18 24-8-224. Benefits when serving past mandatory retirement age.
19 (a) Notwithstanding § 24-8-215 regarding mandatory retirement under
20 the Arkansas Judicial Retirement System for any judge or justice upon
21 reaching seventy (70) years of age or any other law to the contrary, any
22 judge or justice covered under the system who served continuously for at
23 least sixteen (16) years, who is at least eighty (80) years of age, who is
24 not serving on April 19, 1995, and who is ineligible for retirement due to
25 having served beyond the mandatory retirement age shall be entitled to
26 receive retirement benefits under the system.
27 (b) Retirement benefits under this section shall be retroactive to
28 January 1, 1995, or, for judges or justices retiring after 1995, to January 1
29 of the year of retirement.
30
31 SECTION 4. Arkansas Code § 24-8-710(b), concerning a judge or
32 justice's service beyond the age of 70 and his or her ability to retain
33 rights to retirement benefits under the Arkansas Judicial Retirement System,
34 is repealed.
35 (b)(1) Any judge or justice who becomes seventy (70) years of age
36 during a term of office to which he or she has been elected may complete the
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1 term without forfeiting his or her rights to retirement benefits under this
2 section.
3 (2)(A) Any judge or justice who is not eligible to retire at age
4 seventy (70) may continue to serve as judge or justice until the completion
5 of the term of office in which he or she has sufficient service to retire
6 without losing his or her retirement benefits.
7 (B) The judge or justice shall lose all retirement
8 benefits if he or she serves beyond the end of the term needed to get
9 sufficient service to retire.
10 (3)(A) Otherwise, judges or justices must retire by their
11 seventieth birthday or lose their retirement benefits.
12 (B) However, any active judge or justice who was serving
13 prior to July 1, 1965, may continue to serve until any age and upon
14 retirement shall be eligible to receive retirement benefits.
15
16 SECTION 5. EMERGENCY CLAUSE. It is found and determined by the
17 General Assembly of the State of Arkansas that certain provisions of the
18 Arkansas Code concerning the Arkansas Judicial Retirement System, a state
19 retirement plan created by the General Assembly for the purpose of providing
20 retirement benefits to judges and justices of the state, are in need of
21 revision to conform to sound public pension policy; that the Arkansas
22 Judicial Retirement System operates through a fiscal year of July 1 to June
23 30; that having a July 1, 2023 effective date is necessary to allow the
24 provisions within this act to begin on the first day of the fiscal year in
25 order to provide proper administration of the procedures within this act;
26 that these revisions are of importance for actuarial purposes and to protect
27 the benefits to members of the Arkansas Judicial Retirement System; and that
28 the effect of this act is necessary in order to maintain an orderly system of
29 benefits for the members of the Arkansas Judicial Retirement System.
30 Therefore, an emergency is declared to exist, and this act being necessary
31 for the preservation of public peace, health, and safety shall become
32 effective on July 1, 2023.
33
34
35
36
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Statutes affected: SB 77: 24-8-215(c), 24-8-218(c), 24-8-224, 24-8-215, 24-8-710(b)