Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/2/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1243
4
5 By: Representatives Vaught, Maddox, Hawk, L. Johnson, Pearce
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND RETIREMENT ELIGIBILITY REQUIREMENTS
9 UNDER THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT
10 SYSTEM; TO AMEND RETIREMENT ELIGIBILITY REQUIREMENTS
11 FOR PUBLIC SAFETY MEMBERS OF THE ARKANSAS PUBLIC
12 EMPLOYEES' RETIREMENT SYSTEM; TO AMEND RETIREMENT
13 ELIGIBILITY REQUIREMENTS UNDER THE STATE POLICE
14 RETIREMENT SYSTEM; TO AMEND THE DEFINITIONS UNDER THE
15 ARKANSAS STATE HIGHWAY EMPLOYEES' RETIREMENT SYSTEM;
16 TO AMEND THE RETIREMENT ELIGIBILITY REQUIREMENTS
17 UNDER THE ARKANSAS STATE HIGHWAY EMPLOYEES'
18 RETIREMENT SYSTEM; AND FOR OTHER PURPOSES.
19
20
21 Subtitle
22 TO AMEND RETIREMENT ELIGIBILITY
23 REQUIREMENTS UNDER VARIOUS PUBLIC
24 RETIREMENT SYSTEMS OF THE STATE OF
25 ARKANSAS FOR CERTAIN POLICE OFFICERS,
26 FIREFIGHTERS, PUBLIC SAFETY MEMBERS, AND
27 SHERIFFS.
28
29
30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
31
32 SECTION 1. Arkansas Code § 24-4-101(28)(D), concerning the definition
33 of "normal retirement age" as it applies to a noncontributory member with
34 credited service for employment as a public safety employee or as a sheriff
35 under the Arkansas Public Employees' Retirement System, is amended to read as
36 follows:
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1 (D)(i) For a noncontributory member with credited service
2 for employment as a public safety employee or as a sheriff, age sixty-five
3 (65) years reduced by one (1) month for each two (2) months of such credited
4 service, but in no event to an age younger than fifty-five (55) years of age,
5 except in the case of a sheriff who has a minimum of ten (10) years of actual
6 service as a sheriff or who has eight (8) years of actual service as a
7 sheriff and a minimum of two (2) years of service in another state-supported
8 retirement system, for whom the minimum retirement age shall be fifty-two
9 (52) years of age; or
10 (ii) The age upon completion of:
11 (a) Twenty-seven (27) years of credited
12 service, if the member retires after December 31, 2023, and before January 1,
13 2025;
14 (b) Twenty-six (26) years of credited service,
15 if the member retires after December 31, 2024, and before January 1, 2026; or
16 (c) Twenty-five (25) years of credited
17 service, if the member retires on January 1, 2026, or later;
18
19 SECTION 2. Arkansas Code § 24-4-101(28), concerning the definition of
20 "normal retirement age" under the Arkansas Public Employees' Retirement
21 System, is amended to add an additional subdivision to read as follows:
22 (I) For a public safety member, sheriff, or member who is
23 employed as a police officer or firefighter, regardless of the date of
24 commencement of the member's employment, the age upon completion of:
25 (i) Twenty-seven (27) years of credited service, if
26 the member retires after December 31, 2023, and before January 1, 2025;
27 (ii) Twenty-six (26) years of credited service, if
28 the member retires after December 31, 2024, and before January 1, 2026; or
29 (iii) Twenty-five (25) years of credited service, if
30 the member retires on January 1, 2026, or later;
31
32 SECTION 3. Arkansas Code § 24-5-101, concerning the definitions under
33 the Arkansas State Highway Employees' Retirement System, is amended to add an
34 additional subdivision to read as follows:
35 (16)(A) "Police officer" means a permanent employee whose
36 primary duty is law enforcement with the Arkansas Highway Police Division of
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1 the Arkansas Department of Transportation.
2 (B) "Police officer" does not include a person who has not
3 satisfied the training requirements to be a police officer established by the
4 Arkansas Commission on Law Enforcement Standards and Training under § 12-9-
5 106.
6 (C) "Police officer" does not include any civilian
7 employee of the division or any person temporarily employed as a police
8 officer during an emergency, except as described in subdivision (16)(D) of
9 this section.
10 (D) A police officer who, although assigned to
11 administrative duties, is still subject to call for service at patrol duty or
12 duty in the field or is subject to call for duties in emergency situations
13 requiring the officer to be armed with a firearm shall be considered to have
14 the primary duty of law enforcement for the purpose of subdivision (16)(A) of
15 this section.
16
17 SECTION 4. Arkansas Code § 24-5-112(a), concerning the age requirement
18 for voluntary retirement under the Arkansas State Highway Employees'
19 Retirement System, is amended to add an additional subdivision to read as
20 follows:
21 (5) Regardless of age, if the member is a police officer, with:
22 (A) Twenty-seven (27) years of credited service, if the
23 member retires after December 31, 2023, and before January 1, 2025;
24 (B) Twenty-six (26) years of credited service, if the
25 member retires after December 31, 2024, and before January 1, 2026; or
26 (C) Twenty-five (25) years of credited service, if the
27 member retires on January 1, 2026, or later.
28
29
30 SECTION 5. Arkansas Code § 24-5-204(b), concerning applicability of
31 rules promulgated by the Board of Trustees of the Arkansas State Highway
32 Employees' Retirement System when the rule lowers the required years of
33 service for entry into the Arkansas State Highway Employees' Deferred
34 Retirement Option Plan, is amended to read as follows:
35 (b) This section shall apply only to entry into the plan by a person
36 who:
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1 (1) Who is not a police officer;
2 (2) Who has twenty-eight (28) or twenty-nine (29) years of
3 creditable service; and whose
4 (3) Whose eligibility for retirement is based on rules adopted
5 pursuant to § 24-5-112(c).
6
7 SECTION 6. Arkansas Code § 24-6-226(a), concerning the eligibility
8 requirements for voluntary retirement for Tier I noncontributory members of
9 the State Police Retirement System, is amended to read as follows:
10 (a)(1)(A) Any member who has acquired five (5) years but less than
11 twenty-eight (28) the number of years of actual service listed in subdivision
12 (a)(2) of this section and has attained age sixty-five (65) years of age may
13 retire upon written application filed with the Board of Trustees of the State
14 Police Retirement System.
15 (2)(B) Any member who has acquired five (5) or more years
16 of actual service and has attained age fifty-two (52) years of age may retire
17 upon written application filed with the State Police Retirement System.
18 (3)(C) Any member who acquired twenty-eight (28) or more
19 the number of years of actual service listed in subdivision (a)(2) of this
20 section may retire at any age upon written application filed with the board.
21 (4)(D) For those members with less than twenty-eight (28)
22 the number of actual years of service listed in subdivision (a)(2) of this
23 section, the age sixty-five (65) age-sixty-five requirement shall be reduced
24 by one (1) month for every two (2) months of public safety credit, but in no
25 event to an age younger than fifty-two (52) years.
26 (2) A member may retire regardless of age upon completion of:
27 (A) Twenty-seven (27) years of actual service, if the
28 member retires after December 31, 2023, and before January 1, 2025;
29 (B) Twenty-six (26) years of actual service, if the member
30 retires after December 31, 2024, and before January 1, 2026; or
31 (C) Twenty-five (25) years of actual service, if the
32 member retires on January 1, 2026, or later.
33
34 SECTION 7. Arkansas Code § 24-6-301 is amended to read as follows:
35 24-6-301. Election to participate.
36 (a) In lieu of terminating employment and accepting a service
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1 retirement pension, any a state police officer who is a member of Tier I of
2 the State Police Retirement System who has not less than twenty-eight (28)
3 the number of years of credited service listed in subsection (b) of this
4 section and who is eligible to receive a service retirement pension may elect
5 to participate in the Arkansas State Police Officers Deferred Option Plan and
6 defer the receipt of benefits in accordance with the provisions of this
7 subchapter, provided the Board of Trustees of the State Police Retirement
8 System approves the participation in the plan.
9 (b) A state police officer who is a member of Tier I of the State
10 Police Retirement System who is eligible to receive a service retirement
11 pension may elect to participate in the Arkansas State Police Officers
12 Deferred Option Plan and defer the receipt of benefits in accordance with
13 this subchapter, provided the board approves the participation in the
14 Arkansas State Police Officers Deferred Option Plan, if the state police
15 officer has:
16 (1) Twenty-seven (27) years of credited service after December
17 31, 2023, and before January 1, 2025;
18 (2) Twenty-six (26) years of credited service after December 31,
19 2024, and before January 1, 2026; or
20 (3) Twenty-five (25) years of credited service on January 1,
21 2026, or later.
22
23 SECTION 8. Arkansas Code § 24-6-404(a), concerning eligibility
24 requirements for voluntary retirement under the Tier Two Benefit Plan of the
25 State Police Retirement System, is amended to read as follows:
26 (a)(1)(A) Any A member who has acquired five (5) years but less than
27 twenty-eight (28) the number of years of credited service listed in
28 subdivision (a)(2) of this section and has attained age sixty-five (65) years
29 of age may retire upon his or her written application filed with the Board of
30 Trustees of the State Police Retirement System.
31 (2)(B) Any A member who has acquired twenty-eight (28) or
32 more the number of years of credited service listed in subdivision (a)(2) of
33 this section may retire at any age upon his or her written application filed
34 with the board.
35 (3)(C) For those members with less than twenty-eight (28)
36 the number of years of credited years of service listed in subdivision (a)(2)
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1 of this section, the age sixty-five age-sixty-five requirement shall be
2 reduced by seventy-five hundredths (0.75) of a month for each credited month
3 of service, but in no event to an age younger than fifty-five (55) years.
4 (2) A member may retire regardless of age upon completion of:
5 (A) Twenty-seven (27) years of credited service, if the
6 member retires after December 31, 2023, and before January 1, 2025;
7 (B) Twenty-six (26) years of credited service, if the
8 member retires after December 31, 2024, and before January 1, 2026; or
9 (C) Twenty-five (25) years of credited service, if the
10 member retires on January 1, 2026, or later.
11
12 SECTION 9. Arkansas Code § 24-6-502 is amended to read as follows:
13 24-6-502. Election to participate in Arkansas State Police Officers'
14 Tier Two Deferred Retirement Option Plan.
15 In lieu of terminating employment and accepting a service retirement
16 pension, a state police officer may elect to participate in the Arkansas
17 State Police Officers' Tier Two Deferred Retirement Option Plan and defer the
18 receipt of benefits in accordance with this subchapter if:
19 (1) The state police officer:
20 (A) Is a member of the State Police Retirement System's
21 Tier Two Benefit Plan under § 24-6-401 et seq.;
22 (B) Has at least twenty-eight (28) the number of years of
23 actual service listed in subdivision (3) of this section as a member of the
24 State Police Retirement System's Tier Two Benefit Plan under § 24-6-401 et
25 seq., including service credit a member earns after April 3, 1997, as a
26 member of the plan under § 24-6-401 et seq., and the member's service credit
27 from a reciprocal retirement system under § 24-2-401 et seq.; and
28 (C) Is eligible to receive a service retirement pension;
29 and
30 (2) The Board of Trustees of the State Police Retirement System
31 approves the participation in the Arkansas State Police Officers' Tier Two
32 Deferred Retirement Option Plan.; and
33 (3) A state police officer who meets the requirements of
34 subdivision (1) of this section may elect to participate in the Arkansas
35 State Police Officers' Tier Two Deferred Retirement Option Plan and defer the
36 receipt of benefits in accordance with this subchapter if the state police
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1 officer has:
2 (A) Twenty-seven (27) years of credited service after
3 December 31, 2023, and before January 1, 2025;
4 (B) Twenty-six (26) years of credited service after
5 December 31, 2024, and before January 1, 2026; or
6 (C) Twenty-five (25) years of credited service on January
7 1, 2026, or later.
8
9 SECTION 10. Arkansas Code § 24-10-102(23)(C), concerning the
10 definition of "normal retirement age" for the Arkansas Local Police and Fire
11 Retirement System, is amended to read as follows:
12 (C) Any age if the member has twenty-eight (28) or more
13 years of credited service:
14 (i) Twenty-seven (27) years of credited service, if
15 the member retires after December 31, 2023, and before January 1, 2025;
16 (ii) Twenty-six (26) years of credited service, if
17 the member retires after December 31, 2024, and before January 1, 2026; or
18 (iii) Twenty-five (25) years of credited service, if
19 the member retires on January 1, 2026, or later;
20
21
22 SECTION 11. Arkansas Code § 24-10-607(d)(1)(C)(ii)(a), concerning the
23 amount of annuity paid to a member of the Arkansas Local Police and Fire
24 Retirement System who is retiring due to a catastrophic duty disability, is
25 amended to read as follows:
26 (a) The annuity paid to a retirant with:
27 twenty-eight (28) years of accrued paid service credit
28 (1) Twenty-seven (27) years of credited
29 service after December 31, 2023, and before January 1, 2025;
30 (2) Twenty-six (26) years of credited
31 service after December 31, 2024, and before January 1, 2026; or
32 (3) Twenty-five (25) years of credited
33 service on January 1, 2026, or later; or
34
35 SECTION 12. Arkansas Code § 24-10-701(a)(1), concerning the
36 eligibility of a member of the Arkansas Local Police and Fire Retirement
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1 System to participate in the Local Police and Fire Deferred Retirement Option
2 Plan, is amended to read as follows:
3 (1) The member has at least: twenty-eight (28) years of service
4 (A) Twenty-seven (27) years of credited service, if the
5 member retires after December 31, 2023, and before January 1, 2025;
6