Arizona Administrative Code

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…

Notes Ariz. Admin. Code § R2-8-708 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. § 41-105 6(J) at 22 A.A.R. 2982, effective September 15, 2016 (Supp. 16-3).

Notes Ariz. Admin. Code § R2-8-709 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 Repealed by final rulemaking at 25 A.A.R. 303, effective 3/18/2019.

For purposes of this article, the following definitions apply, unless specified otherwise: 1. "DRO" means the same as in R2-8-120 . 2. 1. "Estimated Social Security disability income amount" and "Revised Social Security disability income amount" mean the amount of funds the ASRS …

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 a 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 overpayme…

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. Notes Ariz. Admin. Code § R2-8-807 New Section made by final ru…

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. Notes Ariz. Admin. Code § R2-8-808 New Section made by fin…

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. Notes Ariz. Admin. Code § R2-8-809 New Section made by final r…

Pursuant to A.R.S. § 38-723, the ASRS may collect the amount of any overpayment that has not been reimbursed or collected pursuant to this article by garnishing wages and/or placing a levy on the appropriate person's bank account. Notes Ariz. Admin. Code § R2-8-810 New Section ma…

"Services rendered" means the duties which a member performs for an Employer as required by the member's employment with the Employer. Notes Ariz. Admin. Code § R2-8-901 New Section made by final rulemaking at 23 A.A.R. 2750, effective 1/1/2018. 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. Notes Ariz. Ad…

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…

Notes Ariz. Admin. Code § R2-8-905 New Section made by final rulemaking at 23 A.A.R. 2750, effective 1/1/2018. Section expired under A.R.S. § 41-105 6(J) at 24 A.A.R. 1872, effective June 12, 2018 (Supp. 18-2).

Notes Ariz. Admin. Code § R2-9-101 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.…

Notes Ariz. Admin. Code § R2-9-102 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…

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. Notes Ariz. Admin. Code § R3-1-201 Adopted effective April 11, 1994 (Sup…

Notes Ariz. Admin. Code § R3-1-202 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).

Notes Ariz. Admin. Code § R3-1-203 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).

Notes Ariz. Admin. Code § R3-1-204 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).

Notes Ariz. Admin. Code § R3-1-205 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).

Notes Ariz. Admin. Code § R3-1-206 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).

Notes Ariz. Admin. Code § R3-1-207 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).

Notes Ariz. Admin. Code § R3-1-208 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).

Notes Ariz. Admin. Code § R3-1-209 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).

Notes Ariz. Admin. Code § R3-1-210 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).

Notes Ariz. Admin. Code § R3-1-211 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).

Notes Ariz. Admin. Code § R3-1-212 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).

Notes Ariz. Admin. Code § R3-1-213 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).

Notes Ariz. Admin. Code § R3-1-214 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).

Notes Ariz. Admin. Code § R3-1-215 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).

Notes Ariz. Admin. Code § R3-1-216 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).

Notes Ariz. Admin. Code § R3-1-217 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).

A. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09. B. The Director shall grant a rehearing or review of an administrative law judge's decision for any of the following causes materially affecting the moving party's rights: 1. The decision is not justi…

Notes Ariz. Admin. Code § R3-1-219 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).

A person may review an official rulemaking record at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. The Department shall provide a copy of a record according to the provisions of A.R.S. § 39-121 et …

A. A person requesting the Department to adopt, amend, or repeal a rule, as prescribed in A.R.S. § 41-1033, shall file a petition with the Director. A petition shall contain: 1. The name, address, and signature of the person submitting the petition; 2. For the making of a new rul…

A person shall direct written comment on a proposed rule to the person identified by the Department in a rulemaking notice published in the Arizona Administrative Register as responsible for accepting written comment. Notes Ariz. Admin. Code § R3-1-303 Adopted effective April 11,…