Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/30/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 136
4
5 By: Senator Crowell
6 By: Representative Jean
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING SERVICE CREDIT FOR
10 ELECTED OFFICIALS PARTICIPATING IN A PUBLIC EMPLOYEE
11 RETIREMENT PLAN; TO AMEND THE LAW CONCERNING THE
12 ARKANSAS PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
13 STATE POLICE RETIREMENT SYSTEM; TO PERMIT A CHANGE IN
14 THE DATE OF RETIREMENT IN THE CASE OF A NON-
15 CONTRIBUTORY MEMBER WITH SERVICE IN BOTH THE ARKANSAS
16 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE STATE
17 POLICE RETIREMENT SYSTEM WHEN THE MEMBER HAS
18 CONTINUOUS SERVICE IN ONE SYSTEM AND ERRONEOUSLY
19 RETIRED FROM COVERED EMPLOYMENT WITH BOTH SYSTEMS
20 WHEN CHANGING COVERED EMPLOYMENT; AND FOR OTHER
21 PURPOSES.
22
23
24 Subtitle
25 TO PERMIT A CHANGE OF RETIREMENT DATE IN
26 THE CASE OF CERTAIN MEMBERS WITH SERVICE
27 IN BOTH THE ARKANSAS PUBLIC EMPLOYEES'
28 RETIREMENT SYSTEM AND THE STATE POLICE
29 RETIREMENT SYSTEM WHEN RETIREMENT FROM
30 BOTH SYSTEMS WAS IN ERROR.
31
32
33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
34
35 SECTION 1. Arkansas Code Title 24, Chapter 2, Subchapter 7, is amended
36 to add an additional section to read as follows:
*LHR113* 03-30-2023 19:46:40 LHR113
 As Engrossed: S3/30/23 SB136
1 24-2-705. Service in Arkansas Public Employees' Retirement System and
2 State Police Retirement System — Erroneous retirement — Affidavit.
3 (a) If a noncontributory member, including without limitation a
4 noncontributory member who is an elected official, establishes service in
5 both the Arkansas Public Employees' Retirement System and the State Police
6 Retirement System and has continuous service in either system, but
7 erroneously retired from both systems when his or her employment changed from
8 being covered by one (1) of the systems to the other system, the non-
9 contributory member may file with the relevant retirement system an affidavit
10 stating that his or her retirement from his or her most recent employer was
11 in error.
12 (2) If the noncontributory member files the affidavit in
13 subdivision (a)(1) of this section, he or she shall have his or her date of
14 retirement changed to the last date of employment with his or her most recent
15 employer.
16 (b) The Arkansas Public Employees' Retirement System shall create a
17 formula to calculate interest that has accrued in the event that the
18 noncontributory member has:
19 (1) Paid contributions to the system that covers his or her most
20 recent employment; and
21 (2) Received any retirement benefits from the system that covers
22 his or her most recent employment.
23 (c) A person making an election under this section must submit the
24 affidavit under subdivision (a)(1) of this section no later than:
25 (1) Six (6) months after retiring from his or her final position
26 in covered employment with either the Arkansas Public Employees' Retirement
27 System or the State Police Retirement System; or
28 (2) Six (6) months from the effective date of this act, if the
29 person has already retired from his or her final position in covered
30 employment with either the Arkansas Public Employees' Retirement System or
31 the State Police Retirement System.
32
33 /s/Crowell
34
35
36
2 03-30-2023 19:46:40 LHR113