Arizona Revised Statutes Title 38 - Public Officers And Employees
Chapter 1 GENERAL PROVISIONS
Article 1 Definitions
- § 38-101 Definitions
In this title, unless the context otherwise requires: 1. " Office" , " board" or " commission" means any office, board or commission of...
Chapter 2 QUALIFICATION AND TENURE
Article 1 Qualifications
- § 38-201 General Qualifications
A. Every officer shall be not less than eighteen years of age, a citizen of the United States and a resident of this state....
Article 2 Nomination and Confirmation of Appointive Officers
Article 3 Commission of Office
- § 38-221 Commission Of Office
A. The governor shall commission in the name and by the authority of the state: 1. Officers elected by the electors of the state...
Article 4 Oath of Office
Article 5 Official Bond
- § 38-251 State Officers And Employees Blanket Bond; Amount; Approval
A. The governor shall obtain and deliver to the secretary of state a blanket bond, payable to the state, in the principal amount of...
- § 38-253 Approval Of Bond; Filing
The approval of every official bond shall be endorsed thereon, signed by the officer approving the bond, and filed within the time prescribed for...
- § 38-254 Bond Premiums As Public Charge
When a public officer, excepting a notary public, his deputy, assistant or employee is required by law or by a board or commission of...
- § 38-255 Recording Of Bond; Copies
Every officer with whom bonds are filed shall record them in a book kept by him for that purpose, preserve the bond and give...
- § 38-256 Form Of Official Bonds
All official bonds shall be joint and several in form and made payable to the state of Arizona. The condition shall be that the...
- § 38-257 Justification Of Sureties; Officers Ineligible As Sureties
A. The officer whose duty it is to approve the bond shall not accept or approve it unless the sureties severally justify as required...
- § 38-258 Limitation Of Liability By Sureties
When the penal amount of any bond required to be given amounts to more than one thousand dollars, the sureties may become severally liable...
- § 38-259 Extent Of Liability
Every official bond executed by an officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and...
- § 38-260 Beneficiaries Of Bond
Every official bond executed by any officer pursuant to law, is in force and obligatory upon the principal and sureties therein to and for...
- § 38-261 Successive Recoveries
No bond is void on the first recovery of a judgment thereon, but action may afterwards be brought on the bond from time to...
- § 38-262 Defects In Form, Approval Or Filing Of Bond
When an official bond does not contain the substantial matter or conditions required by law, or when there are any defects in the approval...
- § 38-263 Additional Bond; Failure To File
A. When a surety on any official bond moves from the state, becomes insolvent or insufficient, or the penalty on the bond becomes insufficient,...
- § 38-264 Additional Bond; Terms
The new or additional bond shall be in the penalty directed by the person approving the original bond, in all respects similar to, and...
- § 38-265 Liability On Original And Additional Bonds
The original bond is not discharged or affected by the giving of new or additional bond, but remains of like force and obligation as...
- § 38-266 Judgment On Original And Additional Bonds; Contribution Of Sureties
A. If separate judgments are recovered on the bonds for the same cause of action, the plaintiff is entitled to have execution issued on...
- § 38-267 Discharge Of Sureties
A. When any sureties on the official bond of an officer wish to be discharged from their liability, they and such officer may procure...
- § 38-268 Bonds Of Persons Appointed To Fill Vacancies
Any person appointed to fill a vacancy, before entering upon the duties of the office, shall give a bond as required of the officer...
- § 38-269 Withdrawal Of Surety; Effect On Remaining Sureties
A. Any surety on the official bond of any officer may be relieved from liabilities thereon afterwards accruing by complying with the following provisions:...
- § 38-270 Supplemental Bond Upon Withdrawal Of Surety; Exception
A. When a surety on any official bond gives notice of intention to withdraw therefrom, or is removed or becomes insolvent or becomes otherwise...
- § 38-271 Effect Of Withdrawal On Liability Of Surety
No surety shall be released from liability for acts, omissions or causes existing or which arose before the making of the order discharging him,...
- § 38-272 Affidavit Of Plaintiff In Action To Recover On Bond That Defendant Owns Real Property; Notice To Recorder
After an action has been commenced to recover upon any bond required to be given by a public officer, the plaintiff may file an...
- § 38-273 Recording Notice Of Ownership Of Real Property; Lien Of Judgment
Upon receiving the certificate the county recorder shall endorse, file and record it in the same manner as notices of the pendency of an...
Article 6 Vacancy in Office
- § 38-291 Vacancy Defined
An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of...
- § 38-292 Notice Of Vacancy In Office
When an officer is removed, declared insane or convicted of a felony or an offense involving a violation of his official duties, or when...
- § 38-293 Effect Of Conviction Of Officer
In addition to the penalty fixed by express terms for every neglect or violation of official duty on the part of public officers of...
- § 38-294 Resignations
Resignations shall be in writing, and made as follows: 1. By members of the legislature, to the presiding officer of the body of which...
- § 38-295 Term Of Office; Discharge Of Official Duties After Expiration Of Term; Appointment To Fill Unexpired Term
A. Unless otherwise specified by law, every officer holds office at the pleasure of the appointing power. B. Every officer shall continue to discharge...
- § 38-296 Limitation On Filing For Election By Incumbent Of Elective Office
A. Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment,...
- § 38-296.01 Limitation On Running For Multiple Offices
A. A person is not eligible to be a candidate for nomination or election to more than one public office if the elections for...
- § 38-297 Temporary Vacancy Resulting From Military Service; Appointive Officers And Employees
Notwithstanding section 38-361, when a vacancy exists through the induction or order of an appointive officer or employee described in section 38-298 into the...
- § 38-298 Restoration To Position Following Military Service
An appointive officer or employee of the state or of a political subdivision thereof, including an employee of the educational system, having been inducted...
- § 38-299 Effect Of Expiration Of Term Prior To Separation From Military Service
An appointive officer included within the provisions of section 38-298 whose term of office is prescribed by law is not entitled to the protection...
- § 38-300 Temporary Vacancy Resulting From Military Service; Elective Office
Notwithstanding section 38-291, paragraph 7, if a person serving in an elective office of this state other than the governor, or a political subdivision...
Article 7 Impeachment of State and Judicial Officers
- § 38-311 Officers Subject To Impeachment
The governor, every state and judicial officer, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors or...
- § 38-312 Articles Of Impeachment
Impeachment shall be instituted in the house of representatives by resolution, and shall be conducted by managers elected by the house of representatives, who...
- § 38-313 Impeachment Hearing; Service On Accused
A. The senate shall assign a day for hearing the impeachment, and inform the house of representatives thereof. B. The president of the senate...
- § 38-314 Court Of Impeachment; Organization
Not later than ten days after the articles of impeachment have been presented to the senate, the senate shall organize as a court of...
- § 38-315 Witness Fees; Execution Of Process
A. Witnesses shall receive the same compensation for travel and attendance, and the same exemptions in going, remaining and returning as witnesses in civil...
- § 38-316 Absence Of Senator From Hearing
The senate, while sitting as a court of impeachment, shall determine what accumulation of absences of a senator during the hearing shall exclude the...
- § 38-317 Compensation Of Impeachment Personnel
A. The senators composing the court of impeachment and the managers representing the house of representatives shall be paid during the impeachment trial the...
- § 38-318 Expenses Of Impeachment Proceedings
The expenses of impeachment proceedings, after the legislature has adjourned, shall be a charge upon the general fund of the state and shall be...
- § 38-319 Vacancy In Board Of Managers
When a vacancy occurs in the board of managers selected by the house to try impeachment proceedings before the senate, and the house of...
- § 38-320 Appearance Of Accused; Plea
A. If the accused does not appear, the court of impeachment, upon proof of service or publication may, on motion or for cause shown,...
- § 38-321 Judgment
If the accused is convicted, the court of impeachment shall, at such time as it appoints, pronounce judgment by resolution entered upon the journals...
- § 38-322 Performance Of Official Duties By Accused
When articles of impeachment against any officer subject to impeachment are presented to the senate, such officer shall continue to perform the duties of...
Article 8 Removal of County and Precinct Officers
Article 9 Successor to Office
- § 38-361 Powers And Duties Of Successor In Office
Any person elected or appointed to fill a vacancy, after filing his official oath and bond, if a bond is required, possesses all the...
- § 38-362 Delivery Of Property And Records To Successor
Every public officer on vacating an office, or, in case of his death, his legal representative, shall deliver to his successor in office all...
- § 38-363 Withholding Or Destruction Of Records Or Property Of Office By Former Officer; Classification
A public officer whose office is abolished by law, or who, after expiration of the time for which he has been appointed or elected,...
- § 38-364 Summary Proceedings To Obtain Property And Records Of Office
If any person refuses or neglects to deliver to the lawful incumbent any property or records pertaining to the office or the duties of...
Chapter 2 CONTINUITY OF STATE AND LOCAL GOVERNMENT
Article 1 General Provisions
Chapter 3 CONDUCT OF OFFICE
Article 1 Hours for State Offices
Article 2 Fees
Article 3 Records
- § 38-421 Stealing, Destroying, Altering Or Secreting Public Record; Classification
A. An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in...
- § 38-422 Failure Of Tax Or Revenue Collector Or Disburser To Permit Inspection Of Books By Attorney General Or County Attorney; Classification
An officer charged with the collection, receipt or disbursement of any revenue or tax of the state, or any political subdivision thereof, who upon...
- § 38-423 Making Or Giving False Certificate; Classification
A public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true such a certificate...
- § 38-424 Use Of Tape Recorders Or Other Recording Devices; Exception
This state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may...
Article 3.1 Public Meetings and Proceedings
Article 4 Official Acts
- § 38-441 Discharge Of Duties Of Another Office; Attestation
When an officer discharges ex officio the duties of another office, his official signature and the attestation shall be in the name of the...
- § 38-442 Persons Acting As Public Officers Without Qualifying; Classification; Effect Of Acts
A. A person who exercises a function of a public office without taking the oath of office, or without giving the required bond, is...
- § 38-443 Nonfeasance In Public Office; Classification
A public officer or person holding a position of public trust or employment who knowingly omits to perform any duty the performance of which...
- § 38-444 Asking Or Receiving Illegal Gratuity Or Reward; Classification
A public officer who knowingly asks or receives any emolument, gratuity or reward, or any promise thereof, excepting those authorized by law, for doing...
- § 38-445 Using Pass Or Obtaining Special Rates For Transportation; Classification; Exception
A public officer, except a notary public or a member of the national guard of Arizona traveling under orders, who knowingly accepts or uses...
- § 38-446 Acts Based On Written Opinions; Immunity
Notwithstanding any provision of law to the contrary, no public officer or employee is personally liable for acts done in his official capacity in...
- § 38-447 Violation Of Prohibition Against Acquisition Of Certain Interests By Public Officers; Classification
An officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or...
- § 38-448 State Employees; Access To Internet Pornography Prohibited; Cause For Dismissal; Definitions
A. Except to the extent required in conjunction with a bona fide, agency approved research project or other agency approved undertaking, an employee of...
- § 38-449 Display Of Pow/mia Flag
A. The POW/MIA flag shall be displayed on or in front of the locations prescribed in subsection B on any day when the United...
- § 38-450 Display Of Honor And Remember Flag
A. The honor and remember flag shall be displayed on or in front of the locations prescribed in subsection B of this section on...
Article 5 Deputies and Assistants
- § 38-461 Appointment And Recording Of Appointment
A. Every state officer, board or commission may appoint deputies and assistants when authorized by law, and may appoint clerks and employees for the...
- § 38-462 Powers And Duties Of Deputies
A. Unless otherwise provided, each deputy of a state or county officer possesses the powers and may perform the duties prescribed by law for...
- § 38-463 Liability Of Officer On Bond For Acts Of Deputies And Assistants; Bond Of Deputies And Assistants; Approval
A. Every officer is liable on his official bond for any official negligence or misconduct on the part of his deputies, clerks or assistants,...
- § 38-464 Authorization For Payment Of Salary; Limitation
No salary or compensation shall be paid to deputies, assistants, clerks or employees of a state office, board or commission unless authorized in the...
- § 38-465 Purchase Of Appointment To Office; Classification
A person who knowingly gives or offers any gratuity or reward in consideration that he, or any other person, be appointed to a public...
- § 38-466 Sale Of Appointment To Office; Classification
A public officer, who for a gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge...
Article 6 Employment of Relatives
Article 7 Civil Service Preference for Veterans
- § 38-491 Eligibility; Age Limit
A. This state, or any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil...
- § 38-492 Preferences
A. A veteran of the armed forces of the United States who is separated from the armed forces under honorable conditions following more than...
- § 38-493 Effect Of Article
The provisions of this article shall be binding on the state and on a county, city, town or other political subdivision which employs personnel...
- § 38-494 Violations; Classification
A. A person violating any provision of this article is guilty of a class 2 misdemeanor. B. An officer or person charged with the...
Article 8 Conflict of Interest of Officers and Employees
- § 38-501 Application Of Article
A. This article shall apply to all public officers and employees of incorporated cities or towns, of political subdivisions and of the state and...
- § 38-502 Definitions
In this article, unless the context otherwise requires: 1. " Compensation" means money, a tangible thing of value or a financial benefit. 2. "...
- § 38-503 Conflict Of Interest; Exemptions; Employment Prohibition
A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase...
- § 38-504 Prohibited Acts
A. A public officer or employee shall not represent another person for compensation before a public agency by which the officer or employee is...
- § 38-505 Additional Income Prohibited For Services
A. No public officer or employee may receive or agree to receive directly or indirectly compensation other than as provided by law for any...
- § 38-506 Remedies
A. In addition to any other remedies provided by law, any contract entered into by a public agency in violation of this article is...
- § 38-507 Opinions Of The Attorney General, County Attorneys, City Or Town Attorneys And House And Senate Ethics Committee
Requests for opinions from either the attorney general, a county attorney, a city or town attorney, the senate ethics committee or the house of...
- § 38-508 Authority Of Public Officers And Employees To Act
A. If the provisions of section 38-503 prevent an appointed public officer or a public employee from acting as required by law in his...
- § 38-509 Filing Of Disclosures
Every political subdivision and public agency subject to this article shall maintain for public inspection in a special file all documents necessary to memorialize...
- § 38-510 Penalties
A. A person who: 1. Intentionally or knowingly violates any provision of sections 38-503 through 38-505 is guilty of a class 6 felony. 2....
- § 38-511 Cancellation Of Political Subdivision And State Contracts; Definition
A. The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without...
Article 8.1 Standards of Conduct for Members of the State Legislature
Article 9 Disclosure of Information by Public Employees
Article 10 Designation of State and Political Subdivision Motor Vehicles
Chapter 3 STANDARDS FOR FINANCIAL DISCLOSURE
Article 1 General Provisions
- § 38-541 Definitions
In this chapter, unless the context otherwise requires: 1. " Business" includes any enterprise, organization, trade, occupation or profession, whether or not operated as...
- § 38-542 Duty To File Financial Disclosure Statement; Contents; Exceptions
(L11, Ch. 332, sec. 27. Eff. until 1/1/17) A. In addition to other statements and reports required by law, every public officer, as a...
- § 38-542; Version 2 Duty To File Financial Disclosure Statement; Contents; Exceptions
(L14, Ch. 149, sec. 1. Eff. 1/1/17) A. In addition to other statements and reports required by law, every public officer, as a matter...
- § 38-543 Duty To File Financial Disclosure Statement By Candidate For Public Office
A candidate for public office as specified in section 38-541, paragraph 8 shall file a financial disclosure statement covering the preceding twelve month period...
- § 38-544 Violation; Classification
A. Any public officer, local public officer or candidate who knowingly fails to file a financial disclosure statement required pursuant to section 38-542, 38-543...
- § 38-545 Local Public Officers Financial Disclosure
Notwithstanding the provisions of any law, charter or ordinance to the contrary, every incorporated city or town or county shall by ordinance, rule, resolution...
Chapter 3 PUBLIC SERVICE ORIENTATION PROGRAMS
Article 1 General Provisions
- § 38-591 Definitions
In this chapter, unless the context otherwise requires: 1. " Public service orientation programs" means educational training about laws relating to the proper conduct...
- § 38-592 Public Service Orientation Programs; Implementation
A. The state shall conduct public service orientation programs so that all state officers and employees receive such training within six months after the...
Chapter 4 COMPENSATION AND INSURANCE
Article 1 Salaries
- § 38-601 Effect Of Payment Of Legal Salary
State or county officers, employees, members of boards and commissions, and deputies, stenographers, clerks and employees of any such officer, board or commission, or...
- § 38-602 Limitation On Action For Salary; Waiver Of Right To Additional Salary
A. State and county officers, or former officers, their personal representatives or assigns, claiming the right to a salary as an officer or former...
- § 38-606 Suspension Of Salary Pending Determination Of Contested Title To Office; Exception
A. When the title of the incumbent of any office is contested by proceedings instituted for that purpose, no warrant shall be drawn or...
- § 38-607 Recovery Of Payment To Disqualified Persons
Any board, officer or person who allows, audits or pays any warrant or other certificate of indebtedness for services performed to any person not...
- § 38-608 Compensation Or Time Off For Legal Holidays
A. All public employees who work forty hours or more per week who do not receive either compensation or commensurate time off for legal...
- § 38-609 Retention Of Salary Of Subordinate; Classification
A public officer or employee who accepts, retains or diverts for his own use or the use of any other person any part of...
- § 38-610 Leave Of Absence For Certain Federal Training; Definition
A. The officers and employees of this state, any county, city or town or any agency or political subdivision of this state or a...
- § 38-610.01 Leave Of Absence And Compensation For Officers And Employees During Active Military Service
A. If the president of the United States or the governor of this state declares that a state of emergency exists, an officer or...
- § 38-610.02 Leave Of Absence And Compensation For National Disaster Medical System Employment
A. An officer or employee of this state who is called into employment to the national disaster medical system under the United States department...
- § 38-611 Compensation Of Certain State Officers And Employees
A. Except as otherwise provided in subsections B and C of this section, any officer or employee of the state, or any of its...
- § 38-611.01 Arizona State Retirement System; Incentive Compensation Plan; Special Pay Plan
The Arizona state retirement system established by chapter 5, article 2 of this title: 1. May administer an incentive compensation plan for investment related...
- § 38-611.02 Public Safety Personnel Retirement System; Special Pay Practices
The board of trustees of the public safety personnel retirement system established by chapter 5, article 4 of this title: 1. May administer an...
- § 38-612 Administration Of Payroll Salary Deductions
A. There shall be no payroll salary deductions from the compensation of state officers or employees except as specifically authorized by federal law or...
- § 38-613 State Employee Suggestion Program Awards; Fund
A. The director of the department of administration may adopt rules to provide an award to any state employee for any of the following:...
- § 38-614 Merit Awards; County Employees; Merit Award System Board; Special Merit Award Fund
A. A county board of supervisors may adopt rules and regulations to provide merit awards for county employees. The rules and regulations shall include...
- § 38-615 Payment For Accumulated Sick Leave; Requirements; Limit; Definition
A. An officer or employee of this state, subject to legislative appropriation, or an officer or employee of a county, subject to authorization by...
- § 38-616 Retiree Accumulated Sick Leave Fund; Administration; Contribution
A. A retiree accumulated sick leave fund is established consisting of deposits made pursuant to subsection C of this section. The department of administration...
- § 38-617 County Safety Incentive Awards
A county board of supervisors may adopt rules to provide employee safety recognition awards with terms and conditions deemed appropriate by the board for...
- § 38-618 Performance Based Incentives Program
A. The director of the department of administration and the president of the Arizona board of regents may establish a performance based incentives program...
Article 2 Reimbursement for Expenses
- § 38-621 Persons Eligible To Receive Travel Expenses
A. The provisions of this article shall apply to every public officer, deputy or employee of the state, or of any department, institution or...
- § 38-622 Authorization For Travel; Claims
A. When the official duties of a public officer, deputy or employee require the public officer, deputy or employee to travel from the public...
- § 38-623 Means Of Travel; Rates
A. Travel by air, railroad or motor vehicle is permitted. Railroad sleeping accommodations shall be considered as transportation, and the cost of railroad sleeping...
- § 38-624 Lodging Expenses; Meal And Incidental Expense Reimbursement And Long‑term Subsistence Allowance; Items Covered By Reimbursement; Amount Predetermined By Department Of Administration
A. A state employee while traveling on authorized state business shall be reimbursed for actual lodging expenses incurred not to exceed a predetermined amount...
- § 38-625 Receipts For Transportation
Claims which include transportation by common carrier, rented automobiles, trains or airplanes shall not be allowed unless accompanied by receipts, but receipts for transportation...
- § 38-626 Out‑of‑state Travel; Approval; Exemptions
A. When the official duties or activities of a public officer, deputy or employee of the state or of any department, institution, commission, board...
- § 38-626.01 Authorization For Certain Out‑of‑state Travel By State 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...
- § 38-627 Use Of State Equipment Out Of 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...
Article 3 Firefighter, Peace Officer and Corrections Officer Cancer Insurance
Article 4 Health and Accident Insurance
- § 38-651 Expenditure Of Monies For Health And Accident Insurance; Definition
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...
- § 38-651.01 Group Health And Accident Coverage For Retired Public Employees And Elected Officials And Their Dependents
A. The department of administration, by rule, shall adopt standards to establish group health and accident coverage for former employees who worked for the...
- § 38-651.02 Expenditure Of Funds For Group Life And Group Accidental Death And Dismemberment Insurance; Group Life Coverage For Former Elected Officials
A. The department of administration may expend public funds appropriated for such purpose to procure group life insurance of at least five thousand dollars...
- § 38-651.03 Expenditure Of Funds For Disability Income Insurance
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...
- § 38-651.04 Procurement Of Insurance; Combining Of Coverages
The department of administration may procure insurance coverages provided in this article in any combination of coverages with a single insurance carrier through application...
- § 38-651.05 Flexible Or Cafeteria Employee Benefit Plan; Fund; Exception
A. The department of administration is authorized to establish a flexible or cafeteria employee benefit plan which may provide for deductions or salary reductions...
- § 38-652 Experience Rating Dividends And Unused Claim Reserves; Deposit; Trust Account; Investment Of Monies; Disposition Of Trust Account Funds; Audit; Report
A. Monies that are to be paid by any insurance carrier, other than a carrier that is being discontinued, as experience rating dividends or...
- § 38-653 Rules And Regulations
The department of administration shall adopt and promulgate rules and regulations necessary to administer the provisions of this article.
- § 38-654 Special Employee Health Insurance Trust Fund; Purpose; Investment Of Monies; Use Of Monies; Exemption From Lapsing; Annual Report
A. There is established a special employee health insurance trust fund for the purpose of administering the state employee health insurance benefit plans. The...
- § 38-656 Optional Inclusion Of City, Town, County, Special Taxing District, Authority, Public Entity And Community College District Employees In State Health And Accident Coverage; Payment Of Premiums; Advance Notice; Minimum Period Of Participation; Definition
A. If a governing body of a city or town, a county board of supervisors, a community college district governing board, a special taxing...
- § 38-657 Long‑term Care Insurance
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...
- § 38-658 Report To Joint Legislative Budget Committee
A. At least ten days before the department of administration enters into or renews contracts for medical and dental insurance coverage, the director of...
Article 5 Employee Benefits
Chapter 5 SOCIAL SECURITY AND RETIREMENT
Article 1 Social Security for Public Officers and Employees
Article 2 Arizona State Retirement System
- § 38-711 Definitions
In this article, unless the context otherwise requires: 1. " Active member" means a member as defined in paragraph 23, subdivision (b) of this...
- § 38-712 Asrs Purpose; Trust Fund
A. The primary intent of ASRS is to: 1. Provide an incentive in the recruitment and retention of employees of the highest possible quality....
- § 38-713 Asrs Board; Qualifications; Term; Compensation
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...
- § 38-714 Powers And Duties Of Asrs And Board
A. ASRS shall have the powers and privileges of a corporation, shall have an official seal and shall transact all business in the name...
- § 38-715 Director; Powers And Duties
A. The board shall appoint a director. The director shall serve at the pleasure of the board. B. The director shall appoint a deputy...
- § 38-716 Employers' Responsibilities Under The System
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:...
- § 38-717 Liability Insurance And Immunity For The Board
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...
- § 38-718 Investment Managers; General Powers And Duties; Investment Of Monies; Limitations
A. A financial institution serving as an investment manager does not have a conflict of interest because it is also a depository in which...
- § 38-720 Asrs Depository
A. Exclusively for the purposes of this article, the board shall establish an ASRS depository that is separate and apart from all other public...
- § 38-721 Administration Account
A. ASRS shall maintain an administration account consisting of all monies for administrative purposes. The following monies shall be deposited in the administration account:...
- § 38-722 Abandoned Monies; Disposition
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...
- § 38-723 Recovery Of Collection Costs; Levy And Distraint; Definitions
A. A debtor who fails to pay any monies owed to ASRS is liable for all costs and expenses incurred by ASRS to collect...
- § 38-724 Surrender Of Property Subject To Levy; Authority To Release Levy And Return Property; Definitions
A. Any person in possession of, or obligated with respect to, property subject to levy on which a levy has been made, on request...
- § 38-725 Financial Institutions Data Match; Prohibited Disclosure; Fee; Definition
A. ASRS may enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system to...
- § 38-727 Eligibility; Options
A. The following provisions apply to all employees hired on or after the effective date: 1. All employees and officers of this state and...
- § 38-729 Political Subdivision Plans
A. The governing body of any political subdivision may adopt, by appropriate legislation, a supplemental retirement plan for employees and officers of the political...
- § 38-730 Charter City Or Asrs Retirement Service Credits; Transfers
A. On application the retirement service credits of an employee of a charter city that is not an employer under ASRS or an employee...
- § 38-735 Payment Of Contributions; Recovery Of Delinquent Payments
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...
- § 38-736 Member Contributions
A. Member contributions are required as a condition of employment and shall be made by payroll deductions. Member contributions shall begin simultaneously with membership...
- § 38-737 Employer Contributions
A. Employer contributions shall be a percentage of compensation of all employees of the employers, excluding the compensation of those employees who are members...
- § 38-738 Adjustment And Refund
A. If more than the correct amount of employer or member contributions is paid into ASRS by an employer through a mistake of fact,...
- § 38-739 Credited Service
A. A member shall not earn more than one year of credited service in any fiscal year. B. A member shall earn proportionate credited...
- § 38-740 Return Of Contributions
A. A member whose membership commenced before July 1, 2011 and who leaves employment other than by retirement or death may elect to receive...
- § 38-741 Reemployment Of Inactive Member
A. ASRS shall return to active status an inactive member who terminates employment with an employer without terminating membership in ASRS and who later...
- § 38-742 Reinstatement
A. If an active member who received a return of contributions on termination of employment and by receipt of those contributions forfeited credited service...
- § 38-743 Public Service Credit
A. If an active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 was previously employed by the United...
- § 38-744 Leave Of Absence; Credit For Leave Without Pay
A. A member may elect to be credited with service for retirement purposes for an officially granted leave of absence from employment without pay...
- § 38-745 Credit For Military Service
A. An active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 may purchase credited service in ASRS for...
- § 38-746 Compensation Limitation; Adjustments
A. Except as provided in subsection E, beginning on July 1, 2002, the annual compensation of each employee taken into account under ASRS for...
- § 38-747 Purchase Of Credited Service; Payment; Limitations; Definitions
A. A member who purchases credited service pursuant to section 38-738, 38-742, 38-743, 38-744, 38-745 or 38-922 shall either: 1. Make payments directly to...
- § 38-748 Employer Payment For Ineligible Persons; Definitions
A. If an employer pays contributions on behalf of any person who is not eligible by statute for ASRS membership and either ASRS or...
- § 38-749 Employer Termination Incentive Program; Employer Payment Of Actuarial Cost; Definition
A. If a termination incentive program that is offered by an employer results in an actuarial unfunded liability to ASRS, the employer shall pay...
- § 38-750 Transfers Out Of The System
A. If an employee has made an irrevocable election pursuant to section 38-747, subsection B or D and transfers participation to another defined benefit...
- § 38-751 Nonparticipatory Employer Liability Allocation; Definitions
A. ASRS shall allocate a liability to an employer that is no longer participating in ASRS if that nonparticipation is based on any of...
- § 38-755 Member's Account Information; Beneficiary Designation; Spousal Consent; Confidentiality
A. ASRS shall make information concerning a member's account accessible to the member in written or electronic form. This information shall include the member's...
- § 38-756 Outreach Education Program
A. The director shall develop, implement and maintain an outreach education program for members of ASRS that is designed to provide basic information on...
- § 38-757 Normal Retirement
A. After application on a form prescribed by the director, a member may retire on reaching the member's normal retirement date. Except as provided...
- § 38-758 Early Retirement
A. A member who has attained age fifty and who has five years of total credited service is eligible to elect, in a form...
- § 38-759 Late Retirement
A. A member who is eligible for normal retirement benefits on the member's normal retirement date may elect to defer receiving retirement benefits. B....
- § 38-760 Optional Forms Of Retirement Benefits
A. On retirement, members may elect an optional form of retirement benefit as provided in this section. B. The optional retirement benefits available under...
- § 38-762 Survivor Benefits Before Retirement; Definition
A. On the death of any active or inactive member before retirement, the designated beneficiary of the member shall be paid a survivor benefit...
- § 38-763 Survivor Benefits After Retirement
A. Except as provided in subsection B of this section, if a member dies after distribution of retirement benefits commences, ASRS shall continue to...
- § 38-764 Commencement Of Retirement; Payment Of Retirement Benefits; Lump Sum Payments
A. Retirement is deemed to commence on a date elected by the member. That date shall not be earlier than the day following the...
- § 38-765 Errors; Benefit Recomputation
If any change or error in the records results in any member or beneficiary receiving from ASRS more or less than the member or...
- § 38-766 Retired Members; Return To Work; Suspension Of Benefits; Exceptions; Maximum Benefit
A. A retired member who is engaged to work by an employer for at least twenty weeks in each fiscal year and at least...
- § 38-766.01 Retired Members; Return To Work
A. Notwithstanding section 38-766, at a retired member's election, a retired member may return to work and still be eligible to receive retirement benefits...
- § 38-766.02 Retired Members; Return To Work; Employer Contribution Payments; Definitions
A. Notwithstanding section 38-766.01, subsection D, beginning July 1, 2012, an employer shall pay contributions at an alternate contribution rate on behalf of a...
- § 38-767 Benefit Increases; Applicability
A. For a member whose membership commenced before the effective date of this amendment to this section, effective July 1 of each year, each...
- § 38-768 Minimum Retirement Benefit
A. Notwithstanding any other provision of this article, a retired member or beneficiary who is entitled to a benefit under this article shall receive...
- § 38-769 Maximum Retirement Benefits; Termination; Definitions
A. Notwithstanding any other provision of this article, except as provided in subsection C of this section, the employer provided portion of a member's...
- § 38-770 Eligible Rollover Distribution; Definitions
A. Notwithstanding any other provision of this article that would limit a distributee's election under this section, a distributee may elect, at any time...
- § 38-771 Benefit Options For Transferred Defined Contribution Program Members; Definitions
A. On or before December 31, 1995 a nonretired ASRS member who was a member of the defined contribution program administered by ASRS and...
- § 38-771.01 Alternative Benefits For Transferred Defined Contribution Program Members; Definitions
A. A retired or nonretired ASRS member who was a member of the defined contribution program administered by ASRS, who was transferred to the...
- § 38-772 Prior Service Under Defined Contribution Program Administered By Asrs; Definitions
A. Amounts required of employers as provided in section 38-737, subsections A and B are in addition to any payments required of employers on...
- § 38-773 Benefit Payments To Alternate Payee Under Acceptable Domestic Relations Order; Termination Of Marriage; Revocation Of Beneficiary Designation; Definitions
A. The board shall review any domestic relations order to which a member is a party and that is submitted to the board to...
- § 38-774 Excess Benefit Arrangement
A. A separate unfunded governmental excess benefit arrangement is established outside of and apart from the trust fund established by section 38-712 to pay...
- § 38-775 Required Distributions; Definitions
A. This section applies for purposes of determining required minimum distributions for calendar years beginning on and after January 1, 2006. In applying the...
- § 38-776 Spousal Waiver And Consent
A. A member's current spouse may consent to one of the following requirements established in section 38-755 or 38-760 by signing and submitting an...
- § 38-781 Supplemental Employee Deferral Plan; Public Employees; Administration; Immunity; Definitions
A. A supplemental employee deferral plan is established to provide public employees, other than state employees, an opportunity to save additional tax-deferred monies for...
- § 38-782 Group Health And Accident Coverage For Retired Public Employees And Elected Officials And Their Dependents; Definition
A. The board shall establish group health and accident coverage for eligible retired, surviving and members with a disability and their dependents. The board...
- § 38-783 Retired Members; Dependents; Health Insurance; Premium Payment; Separate Account; Definitions
A. Subject to subsections G, H and I of this section, the board shall pay from ASRS assets part of the single coverage premium...
- § 38-791 Assurances And Liabilities
A. Nothing contained in this article shall be construed as: 1. A contract of employment between an employer and any employee. 2. A right...
- § 38-792 Exemptions From Execution, Attachment And Taxation; Exception
A. The benefits and annuities, the member and employer contributions and the securities in ASRS accounts provided for in this article are not subject...
- § 38-793 Violation; Classification
A person who knowingly makes any false statement or who falsifies or permits to be falsified any record of ASRS with an intent to...
- § 38-794 Reservation To Legislature
The right to modify, amend or repeal this article, or any provisions of this article, is reserved to the legislature.
Article 2.1 Long-Term Disability Program
- § 38-797 Definitions
(L14, Ch. 44, sec. 5 & Ch. 69, sec. 1) In this article, unless the context otherwise requires: 1. " ASRS" means the Arizona...
- § 38-797; Version 2 Definitions
(L14, Ch. 44, sec. 5 & Ch. 215, sec. 166) In this article, unless the context otherwise requires: 1. " ASRS" means the Arizona...
- § 38-797.01 Ltd Program
A. A long-term disability program is established. B. The program is known as the LTD program.
- § 38-797.02 Ltd Trust Fund
A. The LTD trust fund is established for the purpose of paying benefits under and costs of administering the LTD program. B. The LTD...
- § 38-797.03 Asrs Board; Personnel; Duties; Hearing Or Review; Executive Session
A. The board shall administer the LTD program. ASRS officers, contractors and personnel shall perform the duties prescribed by this article. B. The board...
- § 38-797.04 Eligibility
All members are subject to this article and shall participate in the LTD program.
- § 38-797.05 Employer And Member Contributions
A. Beginning July 1, 2011, employers shall contribute the percentage of the compensation of all of the members under their employment so that the...
- § 38-797.06 Contribution Rate; Annual Report
A. The board shall select an actuary to determine required employer contributions on an annual basis. The actuary shall be a fellow of the...
- § 38-797.07 Ltd Program Benefits; Limitations; Definitions
A. The LTD program is subject to the following limitations: 1. Except as provided in paragraph 9 of this subsection, monthly LTD program benefits...
- § 38-797.08 Errors; Benefit Recomputation
If any change or error in the records results in any member receiving from the LTD program more or less than the member would...
- § 38-797.09 Facility Of Payment
In the case of incapacity of a member receiving LTD program benefits, or in the case of any other emergency as determined by the...
- § 38-797.10 Assurances And Liabilities
A. Nothing contained in this article shall be construed as: 1. A contract of employment between an employer and any employee. 2. A right...
- § 38-797.11 Exemptions From Execution, Attachment And Taxation; Exception
A. The benefits, the employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are not subject to...
- § 38-797.12 Violation; Classification
A person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the LTD program with an...
- § 38-797.13 Reservation To Legislature
The right to modify, amend or repeal this article, or any provisions of this article, is reserved to the legislature.
- § 38-797.14 Liquidation Of Ltd Program
If the legislature determines that the LTD program is no longer to be operated for the purposes set forth in this article, any monies...
Article 3 Elected Officials' Retirement Plan
- § 38-801 Definitions
In this article, unless the context otherwise requires: 1. " Accumulated contributions" means the sum of all member contributions deducted from the member's salary...
- § 38-802 Elected Officials' Retirement Plan And Fund; Administration
A. The elected officials' retirement plan is established. B. The elected officials' retirement plan fund is established. The fund shall be made up of...
- § 38-803 Powers And Duties Of The Board
A. The board, in the administration, management and operation of the plan and fund, shall: 1. Account for the operation, administration and investment expenses...
- § 38-803.01 Qualified Governmental Excess Benefit Arrangement; Definitions
A. The board may establish a qualified governmental excess benefit arrangement for the sole purpose of enabling the board to continue to apply the...
- § 38-804 Membership; Termination; Definition
A. Except as otherwise provided in this section, all elected officials are members of the plan, except that a state elected official who is...
- § 38-804.01 Reinstatement Of Credited Service; Effect Of Prior Law
An elected official who received a refund as provided in section 38-804, who is subsequently reemployed as an elected official and who redeposits the...
- § 38-805 Normal Retirement And Early Retirement Pensions
A. A member who becomes a member of the plan before January 1, 2012 and who ceases to hold office is eligible for a...
- § 38-806 Disability Retirement Pensions
A. A member who becomes permanently mentally or physically incapacitated for the purpose of performing the duties of the member's office may receive disability...
- § 38-807 Survivor Pensions
A. The surviving spouse of a deceased retired member shall be paid a surviving spouse's pension if the spouse was married to the member...
- § 38-808 Pension Payments; Computation Of Amounts; Termination
A. Plan retirement commences on the first day of the month following the date of the member's retirement or death. Pension payments shall be...
- § 38-809 Correction Of Pension Payment Errors; Assignments Prohibited; Civil Liability; Restitution Or Payment Of Fine; Violation; Classification; Offset Of Benefits
A. If the plan has made pension payments based on incorrect information and a person or an estate has been paid more or less...
- § 38-810 Contributions; Appropriations
A. Each member shall contribute to the fund an amount equal to the amount prescribed in subsection G of this section. Contributions of members...
- § 38-810.01 Internal Revenue Code Qualification
The legislature intends that the plan is a qualified pension plan under section 401 of the internal revenue code, as amended, or successor provisions...
- § 38-810.02 Statutory Construction
A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the...
- § 38-810.03 Compensation Limitation; Adjustments
A. The annual compensation of each member taken into account for purposes of the plan shall not exceed the following: 1. Beginning January 1,...
- § 38-810.04 Retired Member; Return To Work; Employer Contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity...
- § 38-811 Taxation Of Benefits; Exemption Of Contributions And Securities
The member and employer contributions and the securities in the fund are exempt from state, county and municipal taxes. Member and employer contributions that...
- § 38-812 Maximum Annual Pension; Limitations; Definition
A. The maximum annual pension for a limitation year shall not exceed the following: 1. For limitation years beginning before 1995, the lesser of...
- § 38-813 Availability Of Retired Judges For Certain Legal Services; Compensation
A. Every judge retired under this plan may, if physically and mentally able, be subject to call by the supreme court or the chief...
- § 38-814 Termination Of Plan
A. If the plan terminates, each member's accrued benefits to the date of termination become one hundred per cent nonforfeitable to the extent funded....
- § 38-815 Joinder Agreement
A. Elected officials of an incorporated city or town may participate in the plan if the governing body of the city or town enters...
- § 38-816 Redemption Of Prior Service
A. Any present active elected official who has at least five years of credited service with the plan may elect to redeem up to...
- § 38-816.01 Purchase Of Service; Payment
A member who purchases service pursuant to this article or section 38-922 or 38-924 shall make payments directly to the plan in whole or...
- § 38-817 Group Health And Accident Coverage For Retired Members; Payment; Applicability; Forfeiture Of Interest
A. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of...
- § 38-818 Benefit Increases
A. Effective July 1 of each year, each retired member or survivor of a retired member is entitled to receive a permanent increase in...
- § 38-818.01 Future Benefit Increases For Retirees And Survivors; Applicability
A. Effective July 1, 2013 and each July 1 thereafter, each retired member or survivor of a retired member is entitled to receive a...
- § 38-818.02 Ad Hoc Increase In Retirement Benefits; Analysis By The Joint Legislative Budget Committee
From and after December 31, 2015, the legislature may enact permanent one-time increases in retirement benefits for eligible retirees and survivors of the plan...
- § 38-818.03 Transfers To The Excess Investment Earning Account Prohibited
Notwithstanding section 38-818, from and after May 31, 2011 and each year thereafter, no excess investment earnings shall be transferred to the excess investment...
- § 38-819 Lump Sum Payment Of Benefit Increases
Notwithstanding any provision of this article, the board, at the request of a retired member, a survivor or the retired member's or survivor's guardian...
- § 38-820 Credit For Military Service
A. A member of the plan who has at least ten years of credited service with the plan may receive credited service for periods...
- § 38-821 Charter City Retirement System Service Credits; Transfers
A. A member of a charter city retirement system who is an elected official may apply for a transfer of service credits from the...
- § 38-822 Domestic Relations Orders; Procedures; Payments
A. Notwithstanding any other law, in a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community...
Article 3.1 Elected Officials' Defined Contribution Retirement System
Article 3.2 Elected Officials' Defined Contribution Retirement System Disability Program
- § 38-840 Definitions
In this article, unless the context otherwise requires: 1. " Assets" means the accumulated resources of the EODC disability program. 2. " Board" means...
- § 38-840.01 Eodc Disability Program; Administration; Power And Duties Of The Board; Hearing
A. The elected officials' defined contribution retirement system disability program is established for members of the elected officials' defined contribution retirement system. The board...
- § 38-840.02 Eodc Disability Program Trust Fund
A. The EODC disability program trust fund is established for the purpose of paying benefits under and costs of administering the EODC disability program....
- § 38-840.03 Eligibility
All members are subject to this article and shall participate in the EODC disability program.
- § 38-840.04 Employer And Member Contributions
A. Beginning January 1, 2014, employers shall contribute the percentage of the gross compensation of all of the members under their employment so that...
- § 38-840.05 Contribution Rate
A. Employer contributions shall be a percentage of gross compensation for each member, as the system actuary determines pursuant to this section. The actuary...
- § 38-840.06 Eodc Disability Program Benefits
In determining eligibility for and continuation of a disability benefit and computing the amount available to a member, the board shall follow the same...
- § 38-840.07 Errors; Benefit Recomputation
If any change or error in the records results in any member receiving from the EODC disability program more or less than the member...
- § 38-840.08 Facility Of Payment
In the case of incapacity of a member receiving EODC disability program benefits, or in the case of any other emergency as determined by...
- § 38-840.09 Assurances And Liabilities
A. This article does not establish: 1. A contract of employment between an employer and any employee. 2. A right of any member to...
- § 38-840.10 Exemption From Execution And Attachment; Taxation
A. The employer and member contributions and the securities in the EODC disability program trust fund established by section 38-840.02 are not subject to...
- § 38-840.11 Violation; Classification
A person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the EODC disability program with...
- § 38-840.12 Reservation To Legislature
The right to modify, amend or repeal this article, or any provisions of this article, is reserved to the legislature.
- § 38-840.13 Liquidation Of The Eodc Disability Program
If the legislature determines that the EODC disability program is no longer to be operated for the purposes set forth in this article, any...
Article 4 Public Safety Personnel Retirement System
- § 38-841 Purpose; Vested Benefits
A. Before the establishment of the public safety personnel retirement system, municipal firemen and policemen, employees of the Arizona highway patrol and other public...
- § 38-842 Definitions
In this article, unless the context otherwise requires: 1. " Accidental disability" means a physical or mental condition that the local board finds totally...
- § 38-843 Contributions
A. Each employer who participates in the system on behalf of a group of employees who were covered under a prior public retirement system,...
- § 38-843.01 Internal Revenue Code Section 414(h) Pickup Of Member Contributions
Each employer shall pick up the contributions required of members on account of compensation paid after the effective date specified in the resolution of...
- § 38-843.02 Internal Revenue Code Qualification
The legislature intends that the system is a qualified pension plan under section 401 of the internal revenue code, as amended, or successor provisions...
- § 38-843.03 Statutory Construction
Because the system as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial...
- § 38-843.04 Compensation Limitation; Adjustments
A. The annual compensation of each member taken into account for purposes of the system shall not exceed the following: 1. Beginning January 1,...
- § 38-843.05 Retired Members; Return To Work; Employer Contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity...
- § 38-844 Requirements For Retirement Benefits And Disability Pensions
A. A member shall be eligible for a normal pension on retirement on or after the member's normal retirement date. Payment of a normal...
- § 38-844.01 Vested Rights To Benefits
A member of the system does not have vested rights to benefits under the system, except as provided in section 38-854, until he files...
- § 38-844.02 Deferred Retirement Option Plan For Employees Hired Before January 1, 2012; Purpose
A. A deferred retirement option plan is established for those employees who become members of the system before January 1, 2012. The purpose of...
- § 38-844.03 Eligibility; Participation
A. Any member who is eligible for a normal pension pursuant to section 38-844, subsection A, who becomes a member of the system before...
- § 38-844.04 Termination Of Deferred Retirement Option Plan Participation
A. A member may terminate participation in the deferred retirement option plan by voluntarily terminating employment at any time before the completion of the...
- § 38-844.05 Deferred Retirement Option Benefits And Participation Accounts
A. A deferred retirement option plan participation account is an account established within the system on behalf of each deferred retirement option plan participant....
- § 38-844.06 Additional Deferred Retirement Option Plan Provisions
A. Except as provided by subsection B of this section, beginning on the day after the date the member elects to participate in the...
- § 38-844.07 Designation Of Deferred Retirement Option Plan Beneficiaries
A. A member who elects to participate in the deferred retirement option plan shall designate a beneficiary. A member's beneficiary designation applies to all...
- § 38-844.08 Payment Of Deferred Retirement Option Plan Benefits
A. On the simultaneous termination of deferred retirement option plan participation and employment, a member is entitled to receive all of the following: 1....
- § 38-844.09 Internal Revenue Code Compliance
The deferred retirement plan option shall not jeopardize in any way the tax qualified status of the system under the rules of the internal...
- § 38-845 Amount Of Retirement Benefit
A. A member who meets the requirements for a normal pension, who becomes a member of the system before January 1, 2012 and who...
- § 38-845.01 Maximum Annual Pension; Limitations; Definition
A. The maximum annual pension for a limitation year shall not exceed the following: 1. For limitation years beginning before 1995, the lesser of...
- § 38-845.02 Payment Of Pension
The board shall not make a retroactive payment of a pension to a person that is more than one hundred eighty days before the...
- § 38-846 Death Benefits
A. The surviving spouse of a deceased retired member shall be paid a surviving spouse's pension if the spouse was married to the member...
- § 38-846.01 Deferred Annuity; Exception
A. If any member who has at least ten years of credited service terminates employment for reasons other than retirement or disability, the member...
- § 38-846.02 Termination Of Membership
A. On termination of employment for any reason other than death or retirement, within twenty days after filing a completed application with the board,...
- § 38-846.03 Reinstatement Of Surviving Spouse's Pension
A. A surviving spouse whose pension was terminated by reason of remarriage is entitled to reinstatement of the surviving spouse's pension if the surviving...
- § 38-846.04 Reinstatement Of Credited Service; Effect Of Prior Law
A. A member who received a severance refund on termination of employment as provided in section 38-846.02, who is subsequently reemployed by an employer...
- § 38-847 Local Boards
A. The administration of the system and responsibility for making the provisions of the system effective for each employer are vested in a local...
- § 38-847.01 Membership In Retirement Plan; Eligibility
A. Each employee of an eligible group shall participate in the plan on proper determination of eligibility for membership by the local board pursuant...
- § 38-848 Board Of Trustees; Powers And Duties; Independent Trust Fund; Administrator; Agents And Employees
A. The board of trustees shall consist of seven members and shall have the rights, powers and duties that are set forth in this...
- § 38-848.01 Qualified Governmental Excess Benefit Arrangement; Definitions
A. The board may establish a qualified governmental excess benefit arrangement for the sole purpose of enabling the board to continue to apply the...
- § 38-848.02 Board Of Trustees Report On Employer And Employee Costs
On or before December 31 of each year, the board of trustees shall provide to the legislature, and the joint legislative budget committee and...
- § 38-848.03 Appointed Investment Management
A. The board may appoint investment management. Investment management shall have: 1. The highest professional and fiduciary recommendations. 2. Not less than three years'...
- § 38-849 Limitations On Receiving Pension; Violation; Classification; Reemployment After Severance; Reinstatement Of Service Credits; Reemployment Of Retired Member Or Member With A Disability; Definition
A. If a member is convicted of, or discharged because of, theft, embezzlement, fraud or misappropriation of an employer's property or property under the...
- § 38-850 Assurances And Liabilities; Board Of Trustee Discretion; Overpayments; Underpayments
A. Nothing contained in the system shall be construed as a contract of employment between an employer and any employee, or as a right...
- § 38-851 Participation Of New Employers
A. This state, any municipality, county or other political subdivision of the state, any Indian tribe or any public or quasi-public organization created wholly...
- § 38-852 Taxation Of Benefits; Exemption Of Contributions And Securities
The employer contributions and the securities in the several funds provided for in this article shall be exempt from state, county and municipal taxes....
- § 38-852.01 Benefits Not To Be Reduced By Social Security Payments
From and after the effective date of this section, all benefits now or hereafter received pursuant to this article or prior retirement systems shall...
- § 38-853 Transfer Of Credited Service
A. A member who terminates employment with an employer and accepts a position with the same or another employer participating in the system, after...
- § 38-853.01 Redemption Of Prior Service; Calculation
A. Each present active member of the system who has at least five years of service with the system may elect to redeem up...
- § 38-853.02 Purchase Of Service; Payment
A member who purchases service pursuant to this article or section 38-922 or 38-924 shall make payments directly to the system in whole or...
- § 38-854 Guarantees From Prior Systems
A. An employee covered under the prior systems set forth in sections 9-912 to 9-934, inclusive, and in sections 9-951 to 9-971, inclusive, or...
- § 38-855 Transfer Outside The Public Safety Personnel Retirement System
A member who changes employment or transfers or is assigned to a position in which such member is no longer eligible to be a...
- § 38-856 Benefit Increases
A. Effective July 1 of each year, each retired member or survivor of a retired member is entitled to receive a permanent increase in...
- § 38-856.01 Lump Sum Payment Of Benefit Increases
Notwithstanding any provision of this article, the board, at the request of a retired member, a survivor or the retired member's or survivor's guardian...
- § 38-856.02 Future Benefit Increases For Retirees And Survivors; Applicability
A. Effective July 1, 2013 and each July 1 thereafter, each retired member or survivor of a retired member is entitled to receive a...
- § 38-856.03 Ad Hoc Increase In Retirement Benefits; Analysis By The Joint Legislative Budget Committee
From and after December 31, 2015, the legislature may enact permanent one-time increases in retirement benefits for eligible retirees and survivors of the system...
- § 38-856.04 Transfers To The Excess Investment Earning Account Prohibited
Notwithstanding section 38-856, from and after May 31, 2011, and each year thereafter, no excess investment earnings on the net assets of the fund...
- § 38-857 Group Health And Accident Coverage For Retired Members; Payment; Forfeiture Of Interest
A. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of...
- § 38-858 Credit For Military Service
A. A member of the system who has at least ten years of service with the system may receive credited service for periods of...
- § 38-859 Medical Boards; Purposes; Composition; Medical Examinations
A. The purposes of a medical board are to: 1. Identify a physical or mental condition or injury that existed or occurred prior to...
- § 38-860 Domestic Relations Orders; Procedures; Payments
A. Notwithstanding any other law, in a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community...
Article 5 Tax Deferred Annuity and Deferred Compensation Programs
Article 6 Corrections Officer Retirement Plan
- § 38-881 Definitions
In this article, unless the context otherwise requires: 1. " Accidental disability" means a physical or mental condition that the local board finds totally...
- § 38-882 Corrections Officer Retirement Plan And Fund; Administration
A. The corrections officer retirement plan and the corrections officer retirement plan fund are established. B. The fund consists of the monies and assets...
- § 38-883 Board Of Trustees; Powers And Duties
A. The board shall: 1. Maintain records of the operation and administration of the plan and fund. 2. Contract on a fee basis for...
- § 38-883.01 Qualified Governmental Excess Benefit Arrangement; Definitions
A. The board may establish a qualified governmental excess benefit arrangement for the sole purpose of enabling the board to continue to apply the...
- § 38-884 Membership Of Retirement Plan; Termination; Credited Service; Redemption; Reemployment; Definition
A. Each employee of a participating employer is a member of the plan unless the employee is receiving a pension from the plan. A...
- § 38-884.01 Reinstatement Of Credited Service; Effect Of Prior Law
A. A member who received a severance refund on termination of employment as provided in section 38-884, who is subsequently reemployed by an employer...
- § 38-885 Normal Retirement; Conditions And Pension
A. A member may retire if the member: 1. Files a written application for normal retirement with the plan in the form prescribed by...
- § 38-885.01 Reverse Deferred Retirement Option Plan; Purpose; Delayed Repeal
(Rpld. 7/1/16) A. A reverse deferred retirement option plan is established. The purpose of the reverse deferred retirement option plan is to add flexibility...
- § 38-886 Accidental Disability Retirement; Total And Permanent Disability Retirement; Qualification; Amount Of Pension; Conditions For Continued Payment Of Pension
A. A member may retire and receive an accidental disability pension or a total and permanent disability pension if the local board finds that...
- § 38-886.01 Ordinary Disability Retirement; Qualifications; Amount Of Pension; Conditions For Continued Payment Of Pension; Definition
A. A member may retire and receive an ordinary disability pension if the local board finds that all of the following conditions occur: 1....
- § 38-887 Pension To Surviving Spouse Of Deceased Retired Member
The surviving spouse of a deceased retired member is entitled to receive a surviving spouse's pension if the spouse was married to the member...
- § 38-888 Pension To The Surviving Spouse Of A Member
A. The surviving spouse of a deceased member is entitled to receive a surviving spouse's pension if the spouse was married to the member...
- § 38-889 Guaranteed Minimum Aggregate Payout
If all pension payments permanently terminate before an aggregate amount equal to the retired member's or deceased member's accumulated member contributions has been paid,...
- § 38-890 Pensions; Commencement And Duration
A. A normal retirement pension, an accidental disability pension, a total and permanent disability pension or an ordinary disability pension commences on the first...
- § 38-891 Employer And Member Contributions
A. As determined by actuarial valuations reported to the employers and the local boards by the board, each employer shall make level per cent...
- § 38-891.01 Retired Member; Return To Work; Employer Contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity...
- § 38-892 Internal Revenue Code Section 414(h) Pickup Of Member Contributions
Each participating employer shall pick up the contributions required of members on account of compensation paid after the effective date specified in the resolution...
- § 38-893 Local Boards; Powers And Duties; Rules; Hearings; Administrative Review
A. The administration of the plan and the responsibility for making the provisions of the plan effective for each employer are vested in a...
- § 38-894 Financial Objective Of The Retirement Plan; Participating Employer Contributions
A. The financial objective of the retirement plan is to receive contributions each fiscal year which are sufficient to both: 1. Fund the actuarial...
- § 38-895 Maximum Annual Pension; Limitations; Definition
A. The maximum annual pension for a limitation year shall not exceed the following: 1. For limitation years beginning before 1995, the lesser of...
- § 38-895.01 Compensation Limitation; Adjustments
A. The annual compensation of each member taken into account for purposes of the plan shall not exceed the following: 1. Beginning January 1,...
- § 38-895.02 Payment Of Pension
The board shall not make a retroactive payment of a pension to a person for a period of more than one hundred eighty days...
- § 38-896 Taxation Of Pensions; Exemption For Contributions
The participating employer contributions and the assets of the fund are exempt from state, county and municipal taxes. Member contributions made to the fund...
- § 38-897 Assignments Prohibited; Liability Of Fund
A. The right of an individual to a pension, to a refund of accumulated member contributions, to the pension itself or to any other...
- § 38-898 Subrogation; Right Of Setoff
A. If an individual becomes entitled to a pension or other benefit payable by the retirement plan as a result of an accident or...
- § 38-899 Correction Of Errors
The retirement plan shall correct errors in the records of the retirement plan. The retirement plan shall seek to recover overpayments and shall make...
- § 38-900 Internal Revenue Code Qualification
The legislature intends that the retirement plan is a qualified pension plan under section 401 of the internal revenue code, as amended, or successor...
- § 38-900.01 Statutory Construction
A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the...
- § 38-901 Transfers Into Or Out Of Retirement Plan
A. A member who changes employment or transfers or is assigned to a position in which the member is no longer eligible to be...
- § 38-902 Joinder Agreement
A. County detention officers and nonuniformed employees of a sheriff's department whose primary duties require direct contact with inmates may participate in this plan...
- § 38-903 Reservation To The Legislature
The right to modify, amend or repeal this article or any provision thereof is reserved to the legislature.
- § 38-904 Death Benefits; Amount
A. If an active or inactive member dies and no pension is payable on account of the member's death, an amount equal to two...
- § 38-905 Benefit Increases
A. Effective July 1 of each year, each retired member or survivor of a retired member is entitled to receive a permanent benefit increase...
- § 38-905.01 Lump Sum Payment Of Benefit Increases
Notwithstanding any provision of this article, the board, at the request of a retired member, a survivor or the retired member's or survivor's guardian...
- § 38-905.02 Future Benefit Increases For Retirees And Survivors; Applicability
A. Effective July 1, 2013 and each July 1 thereafter, each retired member or survivor of a retired member is entitled to receive a...
- § 38-905.03 Ad Hoc Increase In Retirement Benefits; Analysis By The Joint Legislative Budget Committee
From and after December 31, 2015, the legislature may enact permanent one-time increases in retirement benefits for eligible retirees and survivors of the plan...
- § 38-905.04 Transfers To The Excess Investment Earning Account Prohibited
Notwithstanding section 38-905, from and after May 31, 2011 and each year thereafter, no excess investment earning on the net assets of the fund...
- § 38-906 Group Health And Accident Coverage For Retired Members; Payment; Forfeiture Of Interest
A. On notification, the board shall pay from the assets of the separate account established pursuant to subsection G of this section part of...
- § 38-907 Credit For Military Service
A. A member of the plan who has at least ten years of credited service with the plan may receive credited service for periods...
- § 38-908 Transfer Of Credited Service
A. A member who terminates employment with an employer and accepts a position with the same or another employer participating in the plan shall...
- § 38-909 Redemption Of Prior Service; Calculation
A. Each present active member of the plan who has at least five years of credited service with the plan who had previous service...
- § 38-909.01 Purchase Of Service; Payment
A member who purchases service pursuant to this article or section 38-922 or 38-924 shall make payments directly to the plan in whole or...
- § 38-910 Domestic Relations Orders; Procedures; Payments
A. Notwithstanding any other law, in a judicial proceeding for annulment, dissolution of marriage or legal separation that provides for the distribution of community...
- § 38-911 Deferred Annuity; Eligibility; Amount; Exception
A. If any member who has at least ten years of credited service terminates employment for reasons other than retirement or disability, the person...
- § 38-912 Civil Liability; Restitution Or Payment Of Fine; Forfeiture Of Benefits; Violation; Classification; Offset Of Benefits
A. A person who defrauds the plan or who takes, converts, steals or embezzles monies owned by or from the plan and who fails...
Article 7 Transfers to Another Retirement System or Plan
Article 8 Defined Contribution Plans
- § 38-951 Definitions
In this article, unless the context otherwise requires: 1. " Board" means the Arizona state retirement system board established by section 38-713 or the...
- § 38-952 Supplemental Defined Contribution Plan; Establishment; Administration
A. The board or employer of an eligible group may establish, administer, manage and operate a supplemental defined contribution plan. The board of trustees...
- § 38-953 Supplemental Option
A. A supplemental defined contribution plan is in addition to and does not replace an employee's existing state defined benefit retirement plan. B. Except...
- § 38-954 Vesting
A. Employee contributions and earnings on employee contributions are immediately vested. B. Employer matching contributions, if any, and the earnings on employer matching contributions...
Chapter 6 PUBLIC SAFETY SUPPLEMENTAL BENEFITS PLAN
Article 1 General Provisions
Chapter 7 MERIT SYSTEMS
Article 1 Law Enforcement Officers Merit System
- § 38-1001 Definitions
In this chapter, unless the context otherwise requires: 1. " Council" means the merit system council for law enforcement officers appointed under the provisions...
- § 38-1002 Merit System Council For Law Enforcement Officers
A. In each county coming within the provisions of this article, there shall be a merit system council which shall consist of five members...
- § 38-1003 Powers And Duties Of Council
The council, pursuant to recognized merit system principles of public employment, shall from time to time: 1. Classify or reclassify all positions occupied by...
- § 38-1004 Appeals; Hearings
A. A classified law enforcement officer who is suspended, demoted or dismissed by the department head, after a hearing and review before the merit...
- § 38-1005 Status Of Persons Employed Prior To Merit System Institution
All law enforcement officers holding a position on the effective date of this article shall be continued in their respective positions without examination, until...
- § 38-1006 Authority Of City Or Town To Use County Merit System Council
A. Any city or town so desiring may use the services of the county merit system council, in lieu of appointing a merit council...
- § 38-1007 Exemptions
Except as provided by section 38-1004, subsection C, the provisions of this article shall not apply to: 1. A county having a population, according...
Chapter 8 PUBLIC SAFETY OFFICERS
Article 1 Law Enforcement Officers
- § 38-1101 Definitions
In this article, unless the context otherwise requires: 1. " Appeal" means a hearing before a state or local merit board, a civil service...
- § 38-1102 Peace Officers Bill Of Rights; Preemption
A peace officers bill of rights is established. This article does not preempt agreements that supplant, revise or otherwise deviate from the provisions of...
- § 38-1103 Discipline Of Law Enforcement Officers; Exceptions
A. A law enforcement officer is not subject to disciplinary action except for just cause. B. This section does not apply to: 1. A...
- § 38-1104 Internal Investigations; Employee Representative; Polygraph Examination; Exception
A. If an employer interviews a law enforcement officer in the course of an administrative investigation and the employer or law enforcement officer reasonably...
- § 38-1105 Law Enforcement Officer As Witness; Right To Representation; Exception
A. If a law enforcement officer is designated as a witness by the law enforcement officer's employer in an investigation that could lead to...
- § 38-1106 Appeal Of Disciplinary Actions; Transcripts; Change Of Hearing Officer Or Administrative Law Judge; Burden Of Proof; Exception
A. In any appeal of a disciplinary action by a law enforcement officer, the parties shall cooperate with each other, act in good faith...
- § 38-1107 Superior Court Review Hearing; Remedy; Exceptions
A. If a law enforcement officer is demoted or terminated as the result of an employer or a person acting on behalf of an...
- § 38-1108 Polygraph Examinations; Exception
A. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information...
- § 38-1109 Confidentiality Of Records; Exception
A. An employer shall not include in that portion of the personnel file of a law enforcement officer that is available for public inspection...
- § 38-1110 Time Limitation On Disciplinary Action Against Law Enforcement Officer; Exceptions
A. An employer shall make a good faith effort to complete any investigation of employee misconduct within one hundred eighty calendar days after the...
- § 38-1111 Critical Incident Stress Management Team Member; Privilege; Exceptions; Definitions
A. Except as provided in subsection B, a critical incident stress management team member who, in the course of the member's response to a...
- § 38-1112 Law Enforcement Officers; Fitness For Duty Examinations; Rights Of Officers; Definitions
A. An employer may order a law enforcement officer to submit to a physical examination only if the law enforcement officer has acted or...
- § 38-1113 Carrying Of Firearms By Peace Officers; Exceptions; Definitions
A. Notwithstanding any other law and except as provided pursuant to subsection C of this section, a peace officer shall not be prohibited from...
- § 38-1114 Health Insurance Payments For Spouse Or Dependents Of Law Enforcement Officer Killed In The Line Of Duty; Applicability; Definitions
A. Notwithstanding any other law, the surviving spouse or a surviving dependent of a deceased law enforcement officer is entitled to receive payments for...
- § 38-1115 Officers; Purchase Of Firearm; Definitions
A. On retirement, an officer who is a member of an eligible retirement system, subject to the officer's employer's approval, may purchase the firearms...
Article 2 Adult and Juvenile Probation Officers
Last modified: October 13, 2016