Arkansas Administrative Code

24 CAR § 1-212. Five-year vesting. (a)(1) In accordance with Acts 1995, No. 1356, five-year vesting becomes effective July 1, 1997. (2) This provision is not retroactive. (b) In order to vest under this provision, a person must be a member of the Arkansas Public Employees’ Retire…

24 CAR § 1-213. DROP provisions. (a) Contributions to DROP account. (1)(A) For a member who has thirty (30) or more years of actual service, the contribution shall: (i) Be seventy-five percent (75%) of the member’s computed benefit after election of a straight life or option bene…

24 CAR § 1-214. Spouse’s acknowledgment of benefit selection. (a) If a member applying for retirement selects a straight life benefit, then the member shall be required to furnish the spouse’s acknowledgment of that selection on a form provided by the Arkansas Public Employees’ R…

24 CAR § 1-215. Direct deposit. (a) Persons first receiving monthly benefits from the Arkansas Public Employees’ Retirement System on or after October 1, 1999, shall be required to participate in the electronic direct deposit program. (b) Persons receiving monthly benefits before…

24 CAR § 1-216. Partial annuity withdrawal. (a)(1) In accordance with Acts 2001, No. 357, only years and months of service will be utilized to determine the amount of eligible service in the calculation of the PAW. (2) The actuarial reduction to be used in computing a PAW benefit…

24 CAR § 1-217. Establishing retirement eligibility. Pursuant to Acts 2005, No. 2084, it is established that twenty-eight (28) years of actual service are required for a member to be eligible for an unreduced benefit prior to age sixty-five (65) when utilizing the contributory pr…

24 CAR § 1-218. Termination of covered employment required for retirement. (a) When used in the context of Arkansas Code § 24-4-520, “terminate covered employment” shall mean that the employee/employer relationship has been brought to an end and no longer exists in any form, curr…

24 CAR § 1-219. Proof required for establishing dependency of a nonspouse for purposes of designating an Option B beneficiary. A member seeking to designate an adult age forty (40) or older who is not that member’s spouse as an Option B beneficiary pursuant to Arkansas Code § 24-…

24 CAR § 1-220. Recoupment of overpayments. (a) Retiree receivables. (1) When Arkansas Public Employees’ Retirement System determines that it has overpaid a retiree for whatever reason, the retiree is to be notified by letter as soon as reasonably practicable. (2) The next month’…

24 CAR § 1-301. Prior service. Verification of service, including wages paid and number of hours worked, for the purpose of determining eligibility for free prior service, purchase of service, or delinquent service, may be established in the following ways: (1)(A) Certification b…

24 CAR § 1-302. County employees’ representative. (a) The county clerks shall be and are hereby designated as the county employees’ representative for the transaction of all business with the Board of Trustees of the Arkansas Public Employees’ Retirement System. (b) All business …

24 CAR § 1-303. Requirement for membership in system. (a) In accordance with Arkansas Code § 24-4-101(17), the Board of Trustees of the Arkansas Public Employees’ Retirement System has final power to determine who is eligible for participation in the Arkansas Public Employees’ Re…

24 CAR § 1-304. Membership eligibility for police officers and firefighters. (a)(1) A municipality which begins participation in Arkansas Public Employees’ Retirement System after July 1, 1981, cannot enroll police officers or firefighters in Arkansas Public Employees’ Retirement…

24 CAR § 1-305. Wages for deputy tax collectors. (a) Fees paid to county deputy tax collectors for the collection of delinquent taxes and fees paid to deputy sheriffs in lieu of a salary shall be considered wages for retirement purposes. (b) Service credit will be granted for any…

24 CAR § 1-306. Participation in the system under Acts 1995, Nos. 398 and 1292. (a) In accordance with Acts 1995, Nos. 398 and 1292, when the majority of employees of an entity covered by these acts elect to participate in the Arkansas Public Employees’ Retirement System, the gov…

24 CAR § 1-307. Participation in the system under Acts 1997, No. 76. (a) In accordance with Acts 1997, No. 76, if the Intergovernmental Juvenile Detention Council of the Tenth Judicial District elects, by a majority vote of the council, to participate in Arkansas Public Employees…

24 CAR § 1-308. Enrollment in the system by colleges and universities. (a) Arkansas Code § 24-7-1002 requires certain employees of state universities, colleges, and community colleges to be enrolled in the Arkansas Public Employees’ Retirement System, rather than the Arkansas Tea…

24 CAR § 1-309. Local government unit participation. (a)(1)(A) In accordance with Acts 1999, No. 865, rehabilitation service corporations that have acquired the status of a corporation authorized by Acts 1999, No. 880, and other local units of government as specifically defined i…

24 CAR § 1-310. Termination of other employer participating retirement plans. (a) In accordance with Acts 1999, No. 884, effective July 1, 1999, employers participating in the Arkansas Public Employees’ Retirement System may not establish another state-authorized retirement plan …

24 CAR § 1-311. Election of contributory provisions of Acts 2005, No. 2084. (a) All noncontributory members electing to participate in the new contributory program shall commence contribution of five percent (5%) of salary with the first payroll processing period of the ensuing e…

24 CAR § 1-312. Crediting of service and additional contributions required of local elected officials. (a) In compliance with Arkansas Code § 24-4-521(b)(5), a person who is employed as a local elected official covered by Arkansas Public Employees’ Retirement System is eligible t…

24 CAR § 1-401. Proof of military service. (a) Any member of the Arkansas Public Employees’ Retirement System claiming military service shall submit proof of: (1) System-covered employment immediately prior to going into military service; (2) Military service in the form of a DD2…

24 CAR § 1-402. Repayment of refunded contributions. Repayment of refunded contributions by a member to reestablish forfeited service must be made in the Arkansas Public Employees’ Retirement System in one-year increments, subject to the following conditions: (1) Service credit w…

24 CAR § 1-403. Purchase of military service credit. (a) Military service credit eligible for purchase under Arkansas Code § 24-2-502 shall include active duty and active duty for training. (b) Provided, however, active duty for training shall not include: (1) Summer camp; (2) We…

24 CAR § 1-404. Contributions for military service credit. In those instances where federal law requires that a member receive credit in the Arkansas Public Employees’ Retirement System for service and earnings that the member would have received had the member not been called to…

24 CAR § 1-405. Purchase of service credit for time lost due to workers’ compensation injury. In accordance with the provisions listed below, an active member of Arkansas Public Employees’ Retirement System may purchase time lost due to a workers’ compensation injury: (1) The mem…

24 CAR § 1-406. Purchase of service credit for state service under a federal grant. In accordance with the provisions listed below, a person who is or was a member of the Arkansas Public Employees’ Retirement System may purchase credit for state service under a federal grant: (1)…

24 CAR § 1-407. Direct transfer of eligible rollover distributions. As permitted by Internal Revenue Service regulations issued October 19, 1995, Arkansas Public Employees’ Retirement System will accept eligible rollover distributions from tax-qualified retirement plans under the…

24 CAR § 1-408. Regular interest. (a) In accordance with Arkansas Code § 24-4-101(38), the rate of interest to be charged for all provisions of Chapter 4 of Title 24, where reference is made to regular interest, shall be the actuarially assumed rate of return as adopted by the Bo…

24 CAR § 1-409. Purchase of out-of-state or federal service credit. (a)(1) Pursuant to Acts 2005, No. 2021, permissible purchases of out-of-state public employment shall include service that, had it been performed in Arkansas, would typically be covered by other state public reti…

24 CAR § 1-410. Purchase of Arkansas National Guard or armed forces reserve service credit. (a) Under Arkansas Code § 24-2-503, members of the Arkansas Public Employees’ Retirement System are eligible to purchase service credit for time served in the Arkansas National Guard or ar…

24 CAR § 1-501. Policy. (a) It is declared to be the state’s public policy that district judges and former municipal judges may retire or be retired when that course appears to be in the best interest: (1) Of the official concerned; and (2) For the public welfare. (b) Factors to …

24 CAR § 6-502. Definitions. As used in this subpart: (1) “Actual service” means service credit beginning January 1, 2005, in the former Arkansas District Judge Retirement System and service credit beginning July 1, 2007, in the Arkansas Public Employees’ Retirement System; (2) “…

24 CAR § 1-503. Annual actuarial valuation and monetary distributions. (a) An actuarial valuation shall be made annually to determine if the division allocated to Arkansas District Judge Division of Arkansas Public Employees’ Retirement System is meeting the financial objectives …

24 CAR § 1-504. Membership generally. (a) If elected or appointed to office, all district judges shall participate in the: (1) Arkansas District Judge Retirement System beginning January 1, 2005, through June 30, 2007; and (2) Arkansas Public Employees’ Retirement System thereaft…

24 CAR § 1-505. Contribution members refund. (a) The contribution of each district judge member of the Arkansas District Judge Retirement System shall be five percent (5%) of each member’s annual salary for service rendered on or after January 1, 2005. (b) If a district judge cea…

24 CAR § 1-506. Contributions by governmental entity. (a)(1) As employer, the governmental entity that pays the salary of a district judge shall make contributions to the Arkansas Public Employees’ Retirement System as a percent of the salary of the active district judge based on…

24 CAR § 1-507. Additional funding retirement benefits. (a) The governmental entity that has established a local municipal judge’s retirement fund shall be required to contribute an amount of money that represents the actuarially determined accrued liability for those judges and …

24 CAR § 1-508. Contributions — Cessation upon maximum benefit eligibility. When a district judge has sufficient service in the Arkansas District Judge Retirement System to qualify for the maximum benefit provided by this part, no further contributions are required.

24 CAR § 1-509. Actual service requirement. (a) Benefits under this part shall be based on actual service in the: (1) Arkansas District Judge Retirement System beginning January 1, 2005; and (2) Arkansas Public Employees’ Retirement System beginning July 1, 2007. (b)(1) Eligibili…

24 CAR § 1-510. Eligibility for benefits — Retirement generally. Any district judge shall be eligible for a retirement benefit if the judge has served at least: (1) Twenty (20) years of total service upon reaching age fifty (50); (2) Sixteen (16) years of total service upon reach…

24 CAR § 1-511. Eligibility for benefits — Early retirement. (a) Any member of the Arkansas District Judge Division of the Arkansas Public Employees’ Retirement System who has eight (8) years or more of actual service in the Arkansas Public Employees’ Retirement System, including…

24 CAR § 1-512. Eligibility for benefits — Disability retirement. (a) Any member of the Arkansas District Judge Division of the Arkansas Public Employees’ Retirement System who has served a minimum of five (5) consecutive years as a member of the Arkansas Public Employees’ Retire…

24 CAR § 1-513. Retirement and survivors’ benefits generally. (a) The retirement benefits to be paid an eligible and qualified member or retiree under this part shall be the sum of subdivisions (a)(1) and (2) of this section: (1) Two and five-tenths percent (2.5%) of the average …

24 CAR § 1-514. Eligibility for benefits — Deferred vested retirement. (a) Any member of the Arkansas District Judge component of the Arkansas Public Employees’ Retirement System who has served a minimum of eight (8) years of service, including any service in the former Arkansas …

24 CAR § 1-515. Restrictions on benefits. (a)(1) This part is complementary. (2) However, no person may take benefits under two (2) or more sections at the same time. (b) Retirement and survivors’ benefits shall be measured by the average annual salary under 24 CAR § 1-513(d).…

24 CAR § 1-516. Redetermination of benefits. (a) The provisions of this section shall apply only to benefits provided for members of the Arkansas District Judge Retirement System for service rendered between January 1, 2005, and July 1, 2007, and service rendered in the Arkansas …

24 CAR § 1-517. Limitation on benefit enhancement. (a) No enhancement of benefits under 24 CAR § 1-513 shall be implemented if it would cause the Arkansas District Judge Retirement System’s unfunded actuarial accrued liabilities to exceed a thirty-year amortization. (b) No enhanc…

24 CAR § 1-518. Reciprocal systems. (a) The Arkansas District Judge Retirement System is a reciprocal system under Arkansas Code §§ 24-2-401 – 24-2-404. (b) There is no reciprocal service with the local municipal judge retirement systems before January 1, 2005. (c) In establishin…

24 CAR § 1-519. Termination required for retirement. (a) A member must terminate covered employment to be eligible for retirement. (b) A member is not terminated from employment for retirement purposes if the person returns to a position that would otherwise be covered within one…