Arkansas Administrative Code
22,033 sections across 1,018 Arkansas regulatory chapters.
24.1.A.1-1-520 24 CAR § 1-520. Benefit provisions — Subjection of annuity right to process of law
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24 CAR § 1-520. Benefit provisions — Subjection of annuity right to process of law. (a)(1) The right of a person to an annuity, to the return of accumulated contributions, the annuity itself, any annuity option, any other right accrued or accruing under the provisions of this sub…
24.1.A.1Open chapter PDF ↗24.1.A.1-1-521 24 CAR § 1-521. Adjustment of erroneous payments
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24 CAR § 1-521. Adjustment of erroneous payments. (a)(1) If any change or error in the records of the Arkansas District Judge Division of the Arkansas Public Employees’ Retirement System or any audit of a member’s annuity calculations results in any person’s receiving more or les…
24.1.A.1Open chapter PDF ↗24.1.A.1-1-522 24 CAR § 1-522. Incorporation of the Board of Trustees of the Arkansas District Judge Retirement System’s rules
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24 CAR § 1-522. Incorporation of the Board of Trustees of the Arkansas District Judge Retirement System’s rules. The Board of Trustees of the Arkansas District Judge Retirement System’s rules are incorporated into this part by reference.
24.1.A.1Open chapter PDF ↗24.1.A.1-1-523 24 CAR § 1-523. No waiver of sovereign immunity
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24 CAR § 1-523. No waiver of sovereign immunity. Nothing contained in this part shall be taken as a waiver of sovereign immunity.
24.1.A.1Open chapter PDF ↗24.2.A.5-5-101 24 CAR § 5-101. Administration
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24 CAR § 5-101. Administration. (a) Administrative functions and records are hereby transferred to the Arkansas Public Employees’ Retirement System. (b) The Executive Director of the Arkansas Public Employees’ Retirement System shall be the Executive Secretary of the State Police…
24.2.A.5Open chapter PDF ↗24.2.A.5-5-102 24 CAR § 5-102. Annuity payments
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24 CAR § 5-102. Annuity payments. (a) Application for retirement must be received by the first of the month immediately preceding the effective month of benefits. (b) Annuities for each calendar month shall be paid on the fifteenth of the month.
24.2.A.5Open chapter PDF ↗24.2.A.5-5-103 24 CAR § 5-103. Military service credit
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24 CAR § 5-103. Military service credit. (a) In accordance with Arkansas Code § 24-2-502, a member may purchase credit for active duty military service. (b) Active duty service shall be defined as active service of thirty (30) consecutive days. (c) Time spent in weekend drills an…
24.2.A.5Open chapter PDF ↗24.2.A.5-5-104 24 CAR § 5-104. Deferred retirement option plan
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24 CAR § 5-104. Deferred retirement option plan. (a)(1) A member who has twenty-eight (28) years of credited service and who is otherwise eligible for a service retirement pension, full or reduced, may elect to participate in the Arkansas State Police Officers’ Deferred Option Pl…
24.2.A.5Open chapter PDF ↗24.2.A.5-5-105 24 CAR § 5-105. DROP participants considered active members for death-in-service benefits
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24 CAR § 5-105. DROP participants considered active members for death-in-service benefits. (a) It was not the intent of the legislation allowing the DROP or the section implementing this plan that DROP participants would be excluded from death-in-service benefits. (b)(1) Therefor…
24.2.A.5Open chapter PDF ↗24.2.A.5-5-106 24 CAR § 5-106. Deferred retirement option plan (DROP) provisions for members called to active duty
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24 CAR § 5-106. Deferred retirement option plan (DROP) provisions for members called to active duty. (a) Generally. (1)(A) A DROP participant who is called to active duty will provide the State Police Retirement System with a copy of his or her orders that will be maintained in t…
24.2.A.5Open chapter PDF ↗24.2.A.5-5-107 24 CAR § 5-107. Qualified domestic relations orders
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24 CAR § 5-107. Qualified domestic relations orders. (a) In accordance with Acts 1993, No. 1143, the State Police Retirement System will comply with qualified domestic relations orders (QDROs) issued by chancery courts in the State of Arkansas that meet the following conditions: …
24.2.A.5Open chapter PDF ↗24.3.A.10-10-1001 24 CAR § 10-1001. Definitions
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24 CAR § 10-1001. Definitions. As used in this subpart: (1) "Manifest injustice” has the same meaning as provided in Arkansas Code § 24-7-202; and (2) “Member”, for the purposes of the staff determination and appeal process, means any member of the Arkansas Teacher Retirement Sys…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1002 24 CAR § 10-1002. Staff determinations — Scope and purpose
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24 CAR § 10-1002. Staff determinations — Scope and purpose. (a) This subpart governs the practice and procedures of the Arkansas Teacher Retirement System concerning the adjudication of a claim that concerns any retirement plan or program administered by the system and arises as …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1003 24 CAR § 10-1003. Staff determinations — Extension of deadlines
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24 CAR § 10-1003. Staff determinations — Extension of deadlines. (a)(1) The Board of Trustees of the Arkansas Teacher Retirement System and the Executive Director of the Arkansas Teacher Retirement System may extend any deadline applicable to a member's appeal upon a showing of g…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1004 24 CAR § 10-1004. Staff determinations — Informal resolutions
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24 CAR § 10-1004. Staff determinations — Informal resolutions. (a)(1) A member’s claim may be resolved informally through correspondence or conference between the member and the staff of the Arkansas Teacher Retirement System. (2) All reasonable efforts shall be made to informall…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1005 24 CAR § 10-1005. Staff determinations — Notice of adverse determination
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24 CAR § 10-1005. Staff determinations — Notice of adverse determination. (a)(1) If the staff of the Arkansas Teacher Retirement System makes a determination that is adverse to a member’s claim, the system shall send a staff determination letter to the member if the claim involve…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1006 24 CAR § 10-1006. Staff determinations — Review by executive director
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24 CAR § 10-1006. Staff determinations — Review by executive director. (a)(1) A member shall submit a request for a review of a staff determination by the Executive Director of the Arkansas Teacher Retirement System in writing. (2) A member shall not be required to resubmit any d…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1007 24 CAR § 10-1007. Staff determinations — Appeals — Initiation of appeal to the board
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24 CAR § 10-1007. Staff determinations — Appeals — Initiation of appeal to the board. (a) A review determination of the Executive Director of the Arkansas Teacher Retirement System may be appealed by the member to the Board of Trustees of the Arkansas Teacher Retirement System. (…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1008 24 CAR § 10-1008. Staff determinations — Appeals — Assignment of hearing officer
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24 CAR § 10-1008. Staff determinations — Appeals — Assignment of hearing officer. (a)(1) All member appeals of a review determination shall be assigned to a hearing officer. (2) The Executive Director of the Arkansas Teacher Retirement System or his or her designee shall appoint …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1009 24 CAR § 10-1009. Staff determinations — Appeals — Filing documents
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24 CAR § 10-1009. Staff determinations — Appeals — Filing documents. (a) Following the appointment of a hearing officer, all correspondence, documents, requests, submissions, filings, and other documents relating to an appeal shall be mailed or hand delivered to the: Arkansas Tea…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-101 24 CAR § 10-101. Information for public guidance
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24 CAR § 10-101. Information for public guidance. (a)(1) This subpart provides general rules for the organization and operation of the Arkansas Teacher Retirement System. (2) Additional and more specific information on the policies and rules of the system may be found under the A…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1010 24 CAR § 10-1010. Staff determinations — Appeals — Hearings
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24 CAR § 10-1010. Staff determinations — Appeals — Hearings. (a) The hearing: (1) Is an administrative hearing before the hearing officer; and (2) Is not a hearing before the Board of Trustees of the Arkansas Teacher Retirement System. (b)(1) All hearings shall be conducted accor…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1011 24 CAR § 10-1011. Staff determinations — Appeals — Post-hearing briefs
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24 CAR § 10-1011. Staff determinations — Appeals — Post-hearing briefs. (a)(1) Upon the completion of the hearing, the hearing officer may allow the parties to submit post-hearing briefs to be included as part of the record on appeal. (2) The decision on whether or not to allow t…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1012 24 CAR § 10-1012. Staff determinations — Appeals — Proposed orders
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24 CAR § 10-1012. Staff determinations — Appeals — Proposed orders. (a) After the hearing officer receives all evidence, arguments, and, if applicable, post-hearing briefs, the record before the hearing officer shall be officially closed. (b)(1) After the record before the hearin…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1013 24 CAR § 10-1013. Staff determinations — Appeals — Objections to proposed orders
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24 CAR § 10-1013. Staff determinations — Appeals — Objections to proposed orders. (a)(1) The member shall have the right to file a written statement of objections outlining any objections, exceptions, and arguments that the member determines should be considered by the Board of T…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1014 24 CAR § 10-1014. Staff determinations — Appeals — Consideration of proposed orders by the board
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24 CAR § 10-1014. Staff determinations — Appeals — Consideration of proposed orders by the board. (a) The Board of Trustees of the Arkansas Teacher Retirement System shall render a final determination on the hearing officer’s proposed order. (b)(1) The board’s consideration of th…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1015 24 CAR § 10-1015. Staff determinations — Appeals — Settlement authority
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24 CAR § 10-1015. Staff determinations — Appeals — Settlement authority. (a) With the member’s written consent or, if applicable, the written consent of the member’s counsel, the Executive Director of the Arkansas Teacher Retirement System may suspend his or her review of a membe…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1016 24 CAR § 10-1016. Staff determinations — Appeals — Rights of members under the Arkansas Administrative Procedure Act
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24 CAR § 10-1016. Staff determinations — Appeals — Rights of members under the Arkansas Administrative Procedure Act. (a) A member who receives an adverse final order from the Board of Trustees of the Arkansas Teacher Retirement System retains certain rights under the Arkansas Ad…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1017 24 CAR § 10-1017. Staff determinations — Appeals — Ex parte communications
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24 CAR § 10-1017. Staff determinations — Appeals — Ex parte communications. (a) The Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., prohibits direct or indirect communications between the members and staff of the Arkansas Teacher Retirement System and a …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1018 24 CAR § 10-1018. Manifest injustice
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24 CAR § 10-1018. Manifest injustice. (a) The Board of Trustees of the Arkansas Teacher Retirement System may waive or modify the impact of a rule, provision, or law applicable to the Arkansas Teacher Retirement System that does not violate a federal law or jeopardize the tax qua…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1019 24 CAR § 10-1019. Manifest injustice — Referrals
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24 CAR § 10-1019. Manifest injustice — Referrals. (a) A manifest injustice referral shall be made to the Executive Director of the Arkansas Teacher Retirement System. (b)(1) The following persons or entities may submit a manifest injustice referral to the executive director: (A) …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-102 24 CAR § 10-102. Description of the system
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24 CAR § 10-102. Description of the system. (a) The Arkansas Teacher Retirement System is a cost-sharing, multiple-employer, defined benefit pension plan established on March 17, 1937, by authority of the General Assembly under Arkansas Code § 24-7-101 et seq. (b) The system is o…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1020 24 CAR § 10-1020. Manifest injustice — Authority of executive director
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24 CAR § 10-1020. Manifest injustice — Authority of executive director. (a) With the member’s written consent or, if applicable, the written consent of the member’s counsel, the Executive Director of the Arkansas Teacher Retirement System may suspend his or her review of a member…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1021 24 CAR § 10-1021. Manifest injustice — Manifest Injustice Committee
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24 CAR § 10-1021. Manifest injustice — Manifest Injustice Committee. (a) The Arkansas Teacher Retirement System’s general counsel and two (2) members of senior management designated by the Executive Director of the Arkansas Teacher Retirement System shall be the sole members of t…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1022 24 CAR § 10-1022. Manifest injustice — Review of recommendation
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24 CAR § 10-1022. Manifest injustice — Review of recommendation. (a)(1) The Executive Director of the Arkansas Teacher Retirement System shall review the manifest injustice referral and the Manifest Injustice Committee's basis for the recommendation. (2)(A) The executive director…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-103 24 CAR § 10-103. Organization and operation of the board
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24 CAR § 10-103. Organization and operation of the board. (a) The officers of the Board of Trustees of the Arkansas Teacher Retirement System are the chair and vice chair. (b) The election of officers is held in odd numbered years at the first regular meeting of the board after t…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-104 24 CAR § 10-104. Rulemaking
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24 CAR § 10-104. Rulemaking. (a) The Board of Trustees of the Arkansas Teacher Retirement System is authorized by the General Assembly to promulgate rules. (b) The Arkansas Teacher Retirement System follows the requirements of the Arkansas Administrative Procedure Act, Arkansas C…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1101 24 CAR § 10-1101. Retirement fund asset accounts
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24 CAR § 10-1101. Retirement fund asset accounts. (a) In accordance with Arkansas Code § 24-7-405, the Board of Trustees of the Arkansas Teacher Retirement System establishes the following accounts to manage the Arkansas Teacher Retirement System's fund assets and liabilities: (1…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1201 24 CAR § 10-1201. Purpose, construction, and establishment of plan and trust
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24 CAR § 10-1201. Purpose, construction, and establishment of plan and trust. (a) The Arkansas Teacher Retirement System Benefit Restoration Plan and Trust is established effective upon final adoption by the Board of Trustees of the Arkansas Teacher Retirement System pursuant to …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1202 24 CAR § 10-1202. Definitions
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24 CAR § 10-1202. Definitions. (a) The definitions in this section are exclusive to the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust unless stated otherwise. (b) As used in this subpart: (1) “Actuary” means the actuary selected by the Board of Trustees of…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1203 24 CAR § 10-1203. Participation
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24 CAR § 10-1203. Participation. (a)(1) All retirees and beneficiaries of the Arkansas Teacher Retirement System are eligible to participate in the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust if their retirement benefits from the system for a plan year a…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1204 24 CAR § 10-1204. Payment of benefits
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24 CAR § 10-1204. Payment of benefits. (a)(1) A participant in the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust shall receive a benefit equal to the amount of retirement income that would have been payable by the Arkansas Teacher Retirement System to, or …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1205 24 CAR § 10-1205. Contributions and funding
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24 CAR § 10-1205. Contributions and funding. (a)(1) The Arkansas Teacher Retirement System Benefit Restoration Plan and Trust is and shall remain unfunded and the rights, if any, of any person to any benefits under the plan are limited to those specified in the plan. (2) The plan…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1206 24 CAR § 10-1206. Trust fund
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24 CAR § 10-1206. Trust fund. (a)(1) The Benefit Restoration Trust Fund is established pursuant to Arkansas Code § 24-7-305, separate from the retirement fund, to hold employers’ contributions to the trust fund. (2) The trust fund is maintained solely to provide benefits under a …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1207 24 CAR § 10-1207. Administration
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24 CAR § 10-1207. Administration. (a)(1) The Board of Trustees of the Arkansas Teacher Retirement System has the exclusive authority to control and manage the operation and administration of the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust. (2) The board …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1208 24 CAR § 10-1208. Plan amendments
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24 CAR § 10-1208. Plan amendments. The Board of Trustees of the Arkansas Teacher Retirement System, from time to time, may amend, suspend, or terminate any or all of the provisions of the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust as may be necessary to…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1209 24 CAR § 10-1209. Nonassignability and exemption from taxation and execution
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24 CAR § 10-1209. Nonassignability and exemption from taxation and execution. The interests of participants under the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust: (1) Are exempt from any state, county, municipal, or local tax; (2) Are not subject to exec…
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1210 24 CAR § 10-1210. Miscellaneous
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24 CAR § 10-1210. Miscellaneous. (a) The Board of Trustees of the Arkansas Teacher Retirement System, the employers, and the administrator, if any, do not guarantee that any particular federal or state income, payroll, or other tax consequence will occur because of participation …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1301 24 CAR § 10-1301. Definitions
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24 CAR § 10-1301. Definitions. As used in this subpart: (1) “CASH Program” has the same meaning as “buyout plan” as defined in Arkansas Code § 24-7-505; and (2) “CASH Program payment” means the one-time lump-sum cash payment made to a member who elects to participate in the CASH …
24.3.A.10Open chapter PDF ↗24.3.A.10-10-1302 24 CAR § 10-1302. CASH Program
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24 CAR § 10-1302. CASH Program. (a) The Board of Trustees of the Arkansas Teacher Retirement System by resolution shall establish and approve the category of members who are eligible to participate in the CASH Program, the CASH Program offering period, and the formula to be used …
24.3.A.10Open chapter PDF ↗