Arizona Administrative Code

A. An Eligible Member may purchase Service Credit by personal check in the Eligible Member’s name, cashier’s check, or money order remitted by the Eligible Member. B. By the due date specified by the method of payment the Eligible Member elected, the Eligible Member shall ensure …

A. An Eligible Member may purchase Service Credit by Irrevocable PDA. B. If the Eligible Member elects to pay for Service Credit by Irrevocable PDA, the Eligible Member shall elect the terms of the Irrevocable PDA and submit the Irrevocable PDA to the ASRS and the Employer with t…

A. If an Eligible Member Transfers Employment, the Eligible Member’s new Employer shall continue to make deductions pursuant to an Irrevocable PDA. B. If an Eligible Member terminates employment without having accepted an offer to work with an Employer, the ASRS shall terminate a…

For the purpose of an Irrevocable PDA, the date an Eligible Member is considered terminated from an Employer is: 1. For an Eligible Member terminating employment, the Eligible Member’s last pay period end date with that Employer; 2. For an Eligible Member on military call-up who …

A. An Eligible Member may purchase Service Credit by Direct Rollover or Trustee-to-Trustee Transfer pursuant to this Article. B. By the due date specified by the method of payment the Eligible Member elected, the Eligible Member shall ensure that the ASRS receives the payment for…

Historical Note New Section made by final rulemaking at 11 A.A.R. 2640, effective June 30, 2005 (Supp. 05-2). Amended by final rulemaking at 12 A.A.R. 4667, effective December 5, 2006 (Supp. 06-4). Repealed by final rulemaking at 25 A.A.R. 303, effective March 18, 2019 (Supp. 19-…

Historical Note New Section made by final rulemaking at 11 A.A.R. 2640, effective June 30, 2005 (Supp. 05-2). Amended by final rulemaking at 12 A.A.R. 4667, effective December 5, 2006 (Supp. 06-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 3195, effective October 11,…

Historical Note New Section made by final rulemaking at 11 A.A.R. 2640, effective June 30, 2005 (Supp. 05-2). Amended by final rulemaking at 12 A.A.R. 4667, effective December 5, 2006 (Supp. 06-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 3195, effective October 11,…

Historical Note New Section made by final rulemaking at 11 A.A.R. 2640, effective June 30, 2005 (Supp. 05-2). Amended by final rulemaking at 12 A.A.R. 4667, effective December 5, 2006 (Supp. 06-4). Repealed by final rulemaking at 18 A.A.R. 3130, effective January 6, 2013 (Supp. 1…

A. To purchase Service Credit using Termination Pay, an Eligible Member shall elect to use Termination Pay by the date payment election is due. B. An Eligible Member who elects to use Termination Pay pursuant to this Section, shall provide the ASRS with the Eligible Member’s anti…

A. If an Eligible Member terminates employment without transferring employment as specified in R2-8-513.01 while purchasing Service Credit by an Irrevocable PDA and requests return of retirement contributions pursuant to A.R.S. § 38-740, the ASRS shall return any principal paymen…

A. If the ASRS determines an error has been made in the information provided by the member or in the calculations made by the ASRS, the ASRS shall make an adjustment to the member’s account and return ineligible payments, if any. B. The ASRS shall notify the member in writing of …

The following definitions apply to this Article unless otherwise specified: 1. “Rulemaking record” means a file the ASRS maintains as specified in A.R.S. § 41-1029. 2. “Oral proceeding” means a public gathering the ASRS holds for the purpose of receiving comment and answering que…

Except on a state holiday, a person may review a rulemaking record or the directory of substantive policy statements at the Phoenix office of the ASRS, Monday through Friday, from 8:00 a.m. until 5:00 p.m. Historical Note New Section made by final rulemaking at 12 A.A.R. 964, eff…

A. A person submitting a petition to the ASRS to make or amend a rule under A.R.S. § 41-1033 shall include the following in the petition: 1. The name and current address of the person submitting the petition; 2. An identification of the rule to be made or amended; 3. The suggeste…

A. A person submitting a petition to the ASRS under A.R.S. § 41-1033 requesting that the ASRS review an agency practice or substantive policy statement that the person alleges constitutes a rule shall include the following in the petition: 1. The name and current address of the p…

A. A person submitting an objection to a rule based upon the economic, small business and consumer impact under A.R.S. § 41-1056.01 shall include the following in the objection: 1. The name and current address of the person submitting the objection; 2. Identification of the rule;…

A. A person requesting an oral proceeding under A.R.S. § 41-1023(C) shall submit a written request to the ASRS that includes: 1. The name and current address of the person making the request; 2. If applicable, the name of the public or private organization, partnership, corporati…

A. A person who wishes to delay the effective date of a rule under A.R.S. § 41-1032 shall file a petition with the ASRS prior to the proposed rule’s close of record date. The petition shall contain the: 1. Name and current address of the person submitting the petition; 2. Identif…

The following definitions apply to this Article unless otherwise specified: 1. “218 agreement” means a written agreement between the state, political subdivision, or political subdivision entity and the Social Security Administration, under the provisions of § 218 of the Social S…

A. The Employer shall pay the Employer’s portion of the contributions the ASRS determines is owed under R2-8-706 whether or not the member pays the member’s portion of the contributions. B. The person who initiates the claim that contributions were not withheld for Eligible Servi…

If an Employer determines that any amount of contributions have not been withheld for a member for a period of Eligible Service, the Employer shall notify the ASRS by submitting through the Employer’s secure ASRS account a Verification of Contributions Not Withheld form with the …

A. If a member believes that an Employer has not withheld contributions for the member for a period of Eligible Service, the member shall: 1. Notify the member’s Employer that the Employer has not withheld contributions correctly by contacting the Employer directly; or 2. Submit …

If the ASRS determines, as specified in A.R.S. § 38-738(B)(7), that all contributions have not been withheld for a member for a period of Eligible Service, the ASRS shall notify the Employer in writing and shall request the Employer submit through the Employer’s secure ASRS accou…

A. Upon receipt of the information listed in R2-8-703, R2-8-704, or R2-8-705, the ASRS shall review the information to determine whether or not member contributions should have been withheld by the Employer, the length of time those contributions should have been withheld, and th…

A. Within 90 days from the date on the statement invoice identified in R2-8-706(E), the Employer shall pay to the ASRS the amount due to be paid by the Employer. An Employer who makes payment under A.R.S. § 38-738(B)(3) is not liable for additional interest that may accrue as a r…

Historical Note New Section made by final rulemaking at 12 A.A.R. 4793, effective December 5, 2006 (Supp. 06-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2982, effective September 15, 2016 (Supp. 16-3).

Historical Note New Section made by final rulemaking at 12 A.A.R. 4793, effective December 5, 2006 (Supp. 06-4). Repealed by final rulemaking at 25 A.A.R. 303, effective March 18, 2019 (Supp. 19-1). ARTICLE 8. RECOVERY OF OVERPAYMENTS

For purposes of this Article, the following definitions apply, unless specified otherwise: 1. “Estimated Social Security disability income amount” and “Revised Social Security disability income amount” mean the amount of funds the ASRS is entitled to collect pursuant to R2-8-802.…

A. The ASRS contracted LTD claims administrator shall determine a member’s estimated Social Security disability income amount as follows: 1. Prior to the death, retirement, or forfeiture of a member, the estimated Social Security disability income amount shall be equal to the mem…

A. Upon the ASRS discovering that it has made an overpayment to an Employer, member, survivor, or alternate payee, the ASRS shall send a letter to notify the necessary person that an overpayment was provided and the person shall reimburse the ASRS in the amount of the overpayment…

A. Unless a member cancels a forfeiture request by submitting written notice to the ASRS within 30 days of the request to forfeit, the ASRS shall reduce a member’s refund amount in order to offset the member’s overpayment amount pursuant to subsection (B). B. The ASRS shall reduc…

A. Notwithstanding A.R.S. § 38-768, the ASRS may reduce a person’s benefit pursuant to this Section. B. Upon retirement, the ASRS shall reduce the amount of a member’s retirement benefit by the amount of any overpayments that have not been reimbursed to the ASRS, pursuant to R2-8…

A. Notwithstanding A.R.S. § 38-768, the ASRS may reduce a person’s benefit pursuant to this Section. B. If a member, survivor, or alternate payee does not repay the amount of an overpayment pursuant to this Article, the ASRS shall reduce the necessary person’s amount of benefits …

Upon disability of the member, the ASRS shall reduce the amount of the disabled member’s LTD benefit by the amount of any overpayment the member received from the ASRS and has not reimbursed pursuant to this Section. Historical Note New Section made by final rulemaking at 23 A.A.…

If an Employer, member, survivor, or alternate payee does not reimburse the ASRS for an overpayment pursuant to R2-8-803, the ASRS may submit the overpayment amount for collection by the Arizona Attorney General’s Office. Historical Note New Section made by final rulemaking at 23…

If an Employer, member, survivor, or alternate payee does not reimburse the ASRS for an overpayment pursuant to R2-8-803, the ASRS may submit the overpayment amount for collection by the Arizona Department of Revenue. Historical Note New Section made by final rulemaking at 23 A.A…

page 50 ARTICLE 9. COMPENSATION Article 9, consisting of new Sections R2-8-901 through R2-8-904, made by final rulemaking at 27 A.A.R. 91, effective March 9, 2021 (Supp. 20-1). Article 9, consisting of R2-8-901 through R2-8-905, made by final rulemaking at 23 A.A.R. 2754, effecti…

“Services rendered” means the duties which a member performs for an Employer as required by the member’s employment with the Employer. Historical Note New Section made by final rulemaking at 23 A.A.R. 2754, effective January 1, 2018 (Supp. 17-3). Section expired under A.R.S. § 41…

Pursuant to A.R.S. §§ 38-736, 38-737, and 38-797.05, an Employer shall remit contributions to the ASRS through the Employer’s secure ASRS account for any payment the Employer provides to the member that is eligible to be included as compensation under this Section. Historical Not…

A. A member shall accrue service credits pursuant A.R.S. § 38-739 for each month in which the Employer’s pay period ends and for which contributions have been remitted to the ASRS, except for pay the member receives from the Employer for services rendered in a prior pay period fo…

A. For purposes of remitting contributions pursuant to R2-8-902, compensation includes pay the member receives from an additional Employer if: 1. The member meets membership pursuant to A.R.S. § 38-711 with at least one Employer; 2. The member was employed with the additional Emp…

Historical Note New Section made by final rulemaking at 23 A.A.R. 2754, effective January 1, 2018 (Supp. 17-3). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 1872, effective June 12, 2018 (Supp. 18-2). ARTICLE 10. MEMBERSHIP

Historical Note Former Rule 1; Former Section R2-9-01 repealed, new Section R2-9-01 adopted effective May 7, 1980 (Supp. 80-3). Former Section R2-9-01 renumbered as Section R2-9-101 (Supp. 82-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 3265, effective …

Historical Note Former Rule 2; Former Section R2-9-02 repealed, new Section R2-9-02 adopted effective May 7, 1980 (Supp. 80-3). Former Section R2-9-02 renumbered as Section R2-9-102 (Supp. 82-1). Section repealed by final rulemaking at 10 A.A.R. 3265, effective September 24, 2004…

In addition to the definitions in A.R.S. § 41-1001, the following terms apply to this Chapter: “Administrative Law Judge” means an individual, or the Director of the Department, who sits as an administrative law judge, conducts an administrative hearing in a contested case or an …

The Department shall compute a period of time for action required in a Department rule or order, as follows: 1. The day of the act, event, or default from which the designated period of time begins to run shall not be included; 2. The last day of the period shall be included unle…

A. For a license for which an applicant is required to pass an examination, the Department may limit the amount of time the applicant is allowed to complete the licensing examination. In determining whether and to what extent the time-frame for an examination will be limited, the…

The Department shall use the uniform administrative appeals procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern the initiation and conduct of formal adjudicative proceedings before the Department. Historical Note Adopted effective April 11, 1994 (Supp. 94-2). Section r…

Historical Note Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).