---------------------------------------------------------------------- ¦ REFERENCE TITLE: retirement; legislative employees option; transfers ¦ ---------------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fourth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2000 ¦ ---------------------------------------------------------------------- ¦ HB 2007 ¦ ---------------------------------------------------------------------- ¦ Introduced by ¦ ¦ Representative Kyle ¦ ----------------------------------------------------------------------
AN ACT
AMENDING SECTION 38-727, ARIZONA REVISED STATUTES; RELATING TO THE RETIREMENT OPTION FOR LEGISLATIVE EMPLOYEES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-727, Arizona Revised Statutes, is amended to read:
38-727. Eligibility; options
The following provisions apply to all employees hired on or after the effective date:
1. All employees and officers of this state and all officers and employees of political subdivisions establishing a retirement plan administered by the board pursuant to this article who as a result of state service or service for the political subdivision are included in agreements providing for their coverage under the federal old age and survivors insurance system are subject to this article, except that membership is not mandatory:
(a) On the part of any employee who is eligible and who elects to participate in the optional retirement programs established by the Arizona board of regents pursuant to the authority conferred by section 15-1628 or by a community college district board pursuant to authority conferred by section 15-1451.
(b) For a state elected official who is subject to term limits, who is eligible for participation in ASRS because the state elected official elected not to participate in the elected officials' retirement plan as provided in section 38-804, subsection A and who elects not to participate in ASRS as provided in paragraph 7 of this section.
(c) For an employee of the legislature who elects as provided in paragraph 8 of this section to participate in a tax deferred annuity and deferred compensation program established pursuant to article 5 of this chapter in lieu of participation in ASRS.
(d) For exempt state officers or employees as defined in section 38-951 who elect to participate in the defined contribution retirement plan option pursuant to article 8 of this chapter.
2. All employees and officers of political subdivisions whose compensation is provided wholly or in part from state monies and who are declared to be state employees and officers by the legislature for retirement purposes are subject, on legislative enactment, to this article and are members of ASRS.
3. Any member whose service terminates other than by death or withdrawal from membership is deemed to be a member of ASRS until the member's death benefit is paid.
4. Employees and officers shall not become members of ASRS and, if they are members immediately before becoming employed as provided by this section, shall have their membership status suspended while they are employed by state departments paying the salaries of their officers and employees wholly or in part from monies received from sources other than appropriations from the state general fund for the period or periods payment of the employer contributions is not made by or on behalf of the departments.
5. Notwithstanding other provisions of this section, a temporary employee of the legislature whose projected term of employment is for not more than six months is ineligible for membership in ASRS. If the employment continues beyond six successive months, the employee may elect to either:
(a) Receive credit for service for the first six months of employment and establish membership in ASRS as of the beginning of the current term of employment if, within forty-five days after the first six months of employment, both the employer and the employee contribute to ASRS the amount that would have been required to be contributed to ASRS during the first six months of employment as if the employee had been a member of ASRS during those six months.
(b) Establish membership in ASRS as of the day following the completion of six months of employment.
6. A person who is employed in postgraduate training in an approved medical residency training program of an employer is ineligible for membership in ASRS.
7. A state elected official who is subject to term limits and who is eligible for participation in ASRS because the state elected official elected not to participate in the elected officials' retirement plan as provided in section 38-804, subsection A may elect not to participate in ASRS. The election not to participate is specific for that term of office. The state elected official who is subject to term limits shall make the election in writing and file the election with ASRS within thirty days after the elected official's retirement plan mails the notice to the state elected official of the state elected official's eligibility to participate in ASRS. The election is effective on the first day of the state elected official's eligibility. If a state elected official who is subject to term limits fails to make an election as provided in this paragraph, the state elected official is deemed to have elected to participate in ASRS. The election not to participate in ASRS is irrevocable and constitutes a waiver of all benefits provided by ASRS for the state elected official's entire term, except for any benefits accrued by the state elected official in ASRS for periods of participation prior to being elected to an office subject to term limits or any benefits expressly provided by law.
8. In lieu of participation in ASRS or the defined contribution retirement plan
option pursuant to article 8 of this chapter, an employee of the legislature may elect
pursuant to this paragraph to participate in a tax deferred annuity and deferred
compensation program established pursuant to article 5 of this chapter. An employee of
the legislature shall make the election in writing and file the written election with
ASRS. If an employee of the legislature elects to participate in a tax deferred annuity
and deferred compensation program pursuant to this paragraph: ,
(a) The election is irrevocable and constitutes a waiver of all benefits provided
by ASRS, except for any benefits accrued by the employee before election pursuant to this
paragraph IF A TRANSFER IS NOT MADE PURSUANT TO SUBDIVISION (b) OF THIS
PARAGRAPH. If an employee of the legislature elects to participate in a tax deferred
annuity and deferred compensation program pursuant to this paragraph,
(b) IF REQUESTED BY THE EMPLOYEE IN THE WRITTEN ELECTION FILED WITH ASRS, ASRS SHALL TRANSFER TO THE TAX DEFERRED ANNUITY AND DEFERRED COMPENSATION PROGRAM AN AMOUNT EQUAL TO THE EMPLOYEE'S ACTUARIAL ACCRUED LIABILITY COMPUTED BY THE ASRS ACTUARY. THE ACTUARIAL ACCRUED LIABILITY SHALL BE BASED ON THE SAME ACTUARIAL COST METHOD AND ASSUMPTIONS THAT WERE USED FOR COMPUTING THE FUNDING REQUIREMENTS OF ASRS IN THE ANNUAL ACTUARIAL VALUATION PRECEDING THE TRANSFER.
(c) The employee's employer shall pay an amount equal to five per cent of the employee's base salary directly to the program in lieu of employer contributions to ASRS.