Title 38 — Public Officers and Employees

Notwithstanding the provisions of sections 38-626 and 38-627, the agency head, or a person properly delegated by the agency head, may authorize travel of personnel and state equipment under the agency head's jurisdiction into states of the United States adjoining this state.

The agency head or the president of a university may authorize the use of state equipment outside of this state when the agency head or president ascertains in writing that no other means of transportation is available or no service of the type required is provided by existing co…

In this article, unless the context otherwise requires: 1. "Board" means the board of trustees of the public safety personnel retirement system established by section 38-848, including its authorized employees, administrators, attorneys and agents. 2. "Employer" means this state …

A. Except as provided in subsection D of this section, the board shall establish and administer a public safety cancer insurance policy program for participating employers that employ firefighters or peace officers. For the purposes of the internal revenue code, the program is an…

B. The board may use monies deposited in the account up to the amount equal to or less than ten percent of the total claims paid, averaged over the previous five years, each year ending June 30 to pay the costs of administering the program, excluding the costs of processing the c…

A. Except as provided in subsections B, C and D of this section, to qualify for covered benefits under the program, a person must satisfy all of the following criteria: 1. Be an active or retired member of the public safety personnel retirement system or the corrections officer r…

A. Coverage provided under the program shall provide benefits to eligible persons to pay for expenses that are designated by the board and that are incurred in the treatment of cancer, including treatments by clinics or providers outside of the United States. B. The board may pro…

A. The department of administration may expend public monies appropriated for such purpose to procure health and accident coverage for full-time officers and employees of this state and its departments and agencies. The department of administration may adopt rules that provide th…

A. The department of administration, by rule, shall adopt standards to establish group health and accident coverage for former employees who worked for this state and who opt on retirement to enroll or continue enrollment in the group health and accident coverage for active emplo…

A. The department of administration may expend public funds appropriated for such purpose to procure group life insurance of at least five thousand dollars in coverage and group accidental death and dismemberment insurance of at least five thousand dollars in coverage for full-ti…

The department of administration may expend public funds appropriated for such purpose to procure disability income coverage for full-time officers and employees of the state, its departments and agencies. The department of administration by rule shall adopt standards for integra…

The department of administration may procure insurance coverages provided in this article in any combination of coverages with a single insurance carrier through application of coverage reserves in any combination.

A. The department of administration is authorized to establish a flexible or cafeteria employee benefit plan that may provide for deductions or salary reductions for group life insurance, disability insurance, group accidental death and dismemberment insurance, long-term care cov…

A. Monies that are to be paid by any insurance carrier, other than a carrier that is being discontinued, as experience rating dividends or unused claim reserves resulting from health and accident coverage provided pursuant to this article shall be paid to the department of admini…

The department of administration shall adopt and promulgate rules and regulations necessary to administer the provisions of this article.

A. The special employee health insurance trust fund is established to administer the state employee health insurance benefit plans. The fund shall consist of legislative appropriations, monies collected from the employer and employees for the health insurance benefit plans and in…

A. If a governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing district, an authority or any public entity organized pursuant to the laws of this state determines that state health and accident insurance cov…

The department of administration shall spend public monies appropriated to procure long-term care coverage for full-time officers and employees of this state and its departments and agencies. The department of administration by rule shall adopt standards for and designate qualify…

At least ten days before the department of administration enters into or renews contracts for medical and dental insurance coverage, the director of the department of administration shall meet with and review for the joint legislative budget committee in executive session the pla…

A. Notwithstanding any other law, any state employee initially hired on or after July 20, 2011 is not eligible to become a member of any state retirement system before the twenty-seventh week of employment. The state employee shall become a member of the state retirement system o…

(Rpld. 1/1/27) A. Notwithstanding any other law, this state or a political subdivision of this state shall establish a program to provide public safety employees who are exposed to any one of the following events while in the course of duty up to twelve visits of licensed counsel…

(Rpld. 1/1/27) A. Notwithstanding any other law, this state or a political subdivision of this state shall establish a program to provide peace officers, firefighters and 911 dispatchers who are exposed to any one of the following events while in the course of duty up to twelve v…

In this article, unless the context otherwise requires: 1. "Commissioner of social security" includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the social security act with respect to coverage under the act …

A. On behalf of this state the governor may enter into an agreement with the commissioner of social security, consistent with this article, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees of this state or any political …

A. Each eligible political subdivision of this state may submit for approval by the state agency a plan for extending the benefits of title II of the social security act, in conformity with applicable provisions of the social security act, to employees of the eligible political s…

The state agency shall adopt rules that are not inconsistent with this article and that it finds necessary or appropriate for the efficient administration of the functions with which it is charged under this article.

The state agency may: 1. Conduct studies concerning the problem of old age and survivors insurance protection for employees and concerning the operation of agreements made and plans approved under this article. 2. Submit a report to the legislature at the beginning of each regula…

A. On request of the board of trustees of a retirement system established by this state, the governor may authorize a referendum. On request of the governing body of any political subdivision that has established a retirement system, the governor shall authorize a referendum. B. …

In this article, unless the context otherwise requires: 1. "Active member" means a member as defined in paragraph 23, subdivision (b) of this section who satisfies the eligibility criteria prescribed in section 38-727 and who is currently making member contributions as prescribed…

A. The primary intent of ASRS is to: 1. Provide an incentive in the recruitment and retention of employees of the highest possible quality. 2. Contribute toward providing a total compensation package that is generally equivalent to comparable employment in other public and privat…

A. The ASRS board is established consisting of the following nine members appointed by the governor pursuant to section 38-211: 1. Five members from among the members of ASRS to represent the members of ASRS as follows: (a) An educator. (b) An employee of a political subdivision.…

A. ASRS shall have the powers and privileges of a corporation, shall have an official seal and shall transact all business in the name "Arizona state retirement system", and in that name may sue and be sued. B. The board is responsible for supervising the administration of this a…

A. The board shall appoint a director. The director shall serve at the pleasure of the board. B. The director shall appoint a deputy director and assistant directors with the approval of the board. C. The director, under the supervision of the board, shall: 1. Administer this art…

In addition to any other requirements of this article or article 2.1, 7 or 8 of this chapter, an employer of a member shall: 1. Cooperate and collaborate with ASRS and follow all ASRS procedures to ensure the proper enrollment of members in the system. 2. Submit any reports, data…

A. The department of administration shall provide coverage pursuant to title 41, chapter 3.1, article 1 against all liability for acts or omissions of any nature by members of the board while acting in an authorized governmental or proprietary capacity and within the course and s…

A. A financial institution serving as an investment manager does not have a conflict of interest because it is also a depository in which ASRS monies are deposited. B. The board shall appoint and may remove multiple investment managers to invest and reinvest the assets of ASRS. T…

ASRS may not pay interest on any amount paid to a member, an alternate payee or an employer pursuant to this article unless specifically authorized by this article.

A. Exclusively for the purposes of this article, the board shall establish an ASRS depository that is separate and apart from all other public monies or funds of this state. The ASRS depository shall be a bank in which ASRS monies are deposited and collateralized as provided by l…

A. ASRS shall maintain an administration account consisting of all monies for administrative purposes. The following monies shall be deposited in the administration account: 1. All monies appropriated by the legislature to pay administrative expenses of ASRS. 2. All monies receiv…

A. Except as otherwise provided in this section, the trust fund established by section 38-712 is exempt from title 44, chapter 3. B. Monies in the ASRS trust fund and the LTD trust fund established by section 38-797.02 are presumed abandoned if the apparent owner, as defined in s…

A. A debtor who fails to pay any monies owed to ASRS is liable for all costs and expenses incurred by ASRS to collect the monies owed. ASRS may collect these expenses and costs at the time of collecting the monies owed to ASRS. B. If a debtor neglects or refuses to pay a debt owe…

B. A person who fails or refuses to surrender any property subject to levy, on request by ASRS, is liable in person and estate to this state in a sum equal to the value of the property not so surrendered, but not exceeding the amount of debt for the collection of which the levy h…

A. ASRS may enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system to assist ASRS in the collection of monies owed. The data match system shall use automated data exchange procedures to the maximum extent p…

A. The following provisions apply to all employees hired on or after the effective date: 1. All employees and officers of this state and all officers and employees of political subdivisions establishing a retirement plan administered by the board pursuant to this article are subj…

A. The governing body of any political subdivision may adopt, by appropriate legislation, a supplemental retirement plan for employees and officers of the political subdivision. The supplemental retirement plan shall provide the same retirement benefits and require the same oblig…

A. On application the retirement service credits of an employee of a charter city that is not an employer under ASRS or an employee of an employer that is an employer under ASRS whose job functions are shifted by law from one employer jurisdiction to another shall be transferred …

A. All amounts deducted from a member's compensation as provided in section 38-736 and employer contributions required pursuant to section 38-737 shall be paid to ASRS for deposit in the ASRS depository. B. Each employer shall certify on each payroll the amount to be contributed …

A. Member contributions are required as a condition of employment and shall be made by payroll deductions. Member contributions shall begin simultaneously with membership in ASRS. Beginning July 1, 2011, member contributions are a percentage of a member's compensation equal to th…

A. Employer contributions shall be a percentage of compensation of all employees of the employers who meet the eligibility requirements contained in this article, excluding the compensation of those employees who are members of the defined contribution program administered by ASR…

A. If more than the correct amount of employer or member contributions is paid into ASRS by an employer through a mistake of fact, ASRS shall provide the employer with an employer credit against future contributions if the employer requests an employer credit or, if the request i…