------------------------------------------------------------------------ ¦ REFERENCE TITLE: state employees; retirement contributions; withdrawal ¦ ------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fourth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2000 ¦ ------------------------------------------------------------------------ ¦ HB 2008 ¦ ------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representative Kyle ¦ ------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 38-740, 38-846.02 AND 38-884, ARIZONA REVISED STATUTES; RELATING TO RETURN OF PUBLIC RETIREMENT SYSTEM CONTRIBUTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-740, Arizona Revised Statutes, is amended to read:
38-740. Return of contributions
A. Any member who leaves employment other than by retirement or death may elect to receive a return of the contributions as follows:
1. If the member has less than five years of credited service, the member shall receive the member's contributions.
2. If a member has five or more years of credited service, the member shall receive the member's contributions and an amount equal to a percentage of the employer contributions paid on behalf of the member. The percentage of employer contributions paid on behalf of the member shall be as follows:
(a) 5.0 to 5.9 years of credited service, twenty-five per cent.
(b) 6.0 to 6.9 years of credited service, forty per cent.
(c) 7.0 to 7.9 years of credited service, fifty-five per cent.
(d) 8.0 to 8.9 years of credited service, seventy per cent.
(e) 9.0 to 9.9 years of credited service, eighty-five per cent.
(f) 10.0 or more years of credited service, one hundred per cent.
3. Interest on the returned contributions as determined by the board.
B. NOTWITHSTANDING SUBSECTION A, IF A MEMBER WHO IS A STATE EMPLOYEE LEAVES EMPLOYMENT DUE SOLELY TO THE PRIVATIZATION OF THE MEMBER'S POSITION OR JOB FUNCTION, THE MEMBER SHALL RECEIVE THE MEMBER'S CONTRIBUTIONS AND AN AMOUNT EQUAL TO ONE HUNDRED PER CENT OF THE EMPLOYER CONTRIBUTIONS PAID ON BEHALF OF THE MEMBER.
B. C. Withdrawal of contributions with interest constitutes a
withdrawal from membership in ASRS and results in a forfeiture of all other benefits
under ASRS.
C. D. Notwithstanding any other provision of this article, a member who
has not received a return of contributions pursuant to this section may combine any two
or more periods of service for purposes of determining the member's benefits.
D. E. If a member receives more than the amount due to a member pursuant
to this section, the member shall repay the amount of the overpayment together with
interest at the interest rate earned on ASRS investments as reported on a quarterly
basis, but not less than the valuation rate established by the board, from the time of
overpayment to the settlement of the debt.
Sec. 2. Section 38-846.02, Arizona Revised Statutes, is amended to read:
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 fund manager, a member is entitled to receive the following amounts, less any benefit payments the member has received or any amount the member may owe to the system:
1. If the member has less than five years of credited service with the system, the member may withdraw the member's accumulated contributions from the system.
2. If the member has five or more years of credited service with the system, the member may withdraw the member's accumulated contributions plus an amount equal to the amount determined as follows:
(a) 5.0 to 5.9 years of credited service, twenty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
(b) 6.0 to 6.9 years of credited service, forty per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
(c) 7.0 to 7.9 years of credited service, fifty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
(d) 8.0 to 8.9 years of credited service, seventy per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
(e) 9.0 to 9.9 years of credited service, eighty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
(f) 10.0 or more years of credited service, one hundred per cent of all member contributions deducted from the member's salary pursuant to section 38-843, subsection C.
B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, IF A MEMBER WHO IS A STATE EMPLOYEE LEAVES EMPLOYMENT DUE SOLELY TO THE PRIVATIZATION OF THE MEMBER'S POSITION OR JOB FUNCTION, THE MEMBER MAY WITHDRAW THE MEMBER'S ACCUMULATED CONTRIBUTIONS PLUS AN AMOUNT EQUAL TO ONE HUNDRED PER CENT OF ALL MEMBER CONTRIBUTIONS DEDUCTED FROM THE MEMBER'S SALARY PURSUANT TO SECTION 38-843, SUBSECTION C, LESS ANY BENEFIT PAYMENTS THE MEMBER HAS RECEIVED OR ANY AMOUNT THE MEMBER MAY OWE TO THE SYSTEM.
B. C. If a member has more than ten years of credited service with
the system, leaves the monies prescribed in subsection A OR B of this section on
account with the system for more than thirty days after termination of employment and
after that time period requests a refund of those monies, the member is entitled to
receive the PRESCRIBED amount prescribed in subsection A of this section plus
interest at a rate determined by the fund manager for each year computed from and after
the member's termination of employment.
C. D. If the amount prescribed in subsection A, or B OR C
of this section includes monies that are an eligible rollover distribution and the
member elects to have the distribution paid directly to an eligible retirement plan or
individual retirement account or annuity and specifies the eligible retirement plan or
individual retirement account or annuity to which the distribution is to be paid, the
distribution shall be made in the form of a direct trustee-to-trustee transfer to the
specified eligible retirement plan. The distribution shall be made in the form and at the
time prescribed by the fund manager. A member who withdraws the amount prescribed in
subsection A, or B OR C of this section from the system or who elects a
transfer pursuant to this section forfeits all rights to benefits under the system and
rights to rehearing and appeal, except as provided in section 38-849.
Sec. 3. Section 38-884, Arizona Revised Statutes, is amended to read:
38-884. Membership of retirement plan; termination; credited service; redemption
A. Each employee of a participating employer is a member of the plan. A person employed shall undergo a medical examination performed by a doctor or clinic appointed by the local board or, in the case of a state correctional officer who is employed by the state department of corrections, complete a physical examination pursuant to section 41-1822, subsection B. For the purposes of subsection B of this section, the doctor or clinic appointed by the local board may be the employer's regular employee or contractor.
B. The purpose of the medical examination authorized by this section is to identify a member's physical or mental condition or injury that existed or occurred before the member's date of membership in the plan. Any employee who fails or refuses to submit to the medical examination prescribed in this section is deemed to waive all rights to disability benefits under this article. Medical examinations conducted under this article shall not be conducted or used for purposes of hiring, advancement, discharge, job training or other terms, conditions and privileges of employment unrelated to receipt or qualification for pension benefits or service credits from the fund. This subsection does not affect or impair the right of an employer to prescribe medical or physical standards for employees or prospective employees.
C. If a member ceases to be an employee for any reason other than death or retirement, within twenty days after filing a completed application with the fund manager, the member is entitled to receive the following amounts, less any benefit payments the member has received and any amount the member may owe to the plan:
1. If the member has less than five years of credited service with the plan, the member may withdraw the member's accumulated contributions from the plan.
2. If the member has five or more years of credited service with the plan, the member may withdraw the member's accumulated contributions plus an amount equal to the amount determined as follows:
(a) 5.0 to 5.9 years of credited service, twenty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
(b) 6.0 to 6.9 years of credited service, forty per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
(c) 7.0 to 7.9 years of credited service, fifty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
(d) 8.0 to 8.9 years of credited service, seventy per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
(e) 9.0 to 9.9 years of credited service, eighty-five per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
(f) 10.0 or more years of credited service, one hundred per cent of all member contributions deducted from the member's salary pursuant to section 38-891, subsection B.
D. NOTWITHSTANDING SUBSECTION C OF THIS SECTION, IF A MEMBER WHO IS A STATE EMPLOYEE LEAVES EMPLOYMENT DUE SOLELY TO THE PRIVATIZATION OF THE MEMBER'S POSITION OR JOB FUNCTION, THE MEMBER MAY WITHDRAW THE MEMBER'S ACCUMULATED CONTRIBUTIONS PLUS AN AMOUNT EQUAL TO ONE HUNDRED PER CENT OF ALL MEMBER CONTRIBUTIONS DEDUCTED FROM THE MEMBER'S SALARY PURSUANT TO SECTION 38-891, SUBSECTION B, LESS ANY BENEFIT PAYMENTS THE MEMBER HAS RECEIVED OR ANY AMOUNT THE MEMBER MAY OWE TO THE PLAN.
D. E. If a member has more than ten years of credited service with
the plan, and leaves the monies prescribed in subsection C OR D of this
section on account with the plan for more than thirty days after termination of
employment and after that time period requests a refund of those monies, the member is
entitled to receive the PRESCRIBED amount prescribed in subsection C of this
section plus interest at a rate determined by the fund manager for each year computed
from and after the member's termination of employment.
E. F. If the refund includes monies that are an eligible rollover
distribution and the member elects to have the distribution paid directly to an eligible
retirement plan or individual retirement account or annuity and specifies the eligible
retirement plan or individual retirement account or annuity to which the distribution is
to be paid, the distribution shall be made in the form of a direct trustee-to-trustee
transfer to the specified eligible retirement plan. The distribution shall be made in the
form and at the time prescribed by the fund manager.
F. G. Service shall be credited to a member's individual credited
service account in accordance with rules the local board prescribes. In no case shall
more than twelve months of credited service be credited on account of all service
rendered by a member in any one year. In no case shall service be credited for any period
during which the member is not employed in a designated position, except as provided by
sections 38-921 and 38-922.
G. H. Credited service is forfeited if the amounts prescribed in
subsection C, or D OR E of this section are paid or are transferred in
accordance with this section.
H. I. If a former member becomes reemployed with the same employer
within two years after the former member's termination date, a member may have forfeited
credited service attributable to service rendered during a prior period of service as an
employee restored on satisfaction of each of the following conditions:
1. The member files with the plan a written application for reinstatement of forfeited credited service within ninety days after again becoming an employee.
2. The retirement fund is paid the total amount previously withdrawn pursuant to
subsection C, or D OR E of this section plus compound interest from the
date of withdrawal to the dates of repayment. Interest shall be computed at the rate of
nine per cent for each year compounded each year from the date of withdrawal to the date
of repayment. Forfeited credited service shall not be restored until complete payment
is received by the fund.
3. The required payment is completed within one year after returning to employee status.
I. J. A present active member of the plan who received a refund of
accumulated contributions from the plan pursuant to subsection C, D OR E of this
section and forfeited credited service pursuant to subsection G H of this
section may elect to redeem any part of that forfeited credited service by paying into
the plan any amounts required pursuant to this subsection. A present active member who
elects to redeem any part of forfeited credited service for which the member is deemed
eligible by the fund manager shall pay into the plan the amounts previously paid or
transferred as a refund of the member's accumulated contributions plus an amount,
computed by the plan's actuary that is necessary to equal the increase in the actuarial
present value of projected benefits resulting from the redemption calculated using the
actuarial methods and assumptions prescribed by the plan's actuary.
J. K. The following conditions apply to a retired member who becomes an
employee subsequent to retirement:
1. Payment of the retired member's pension shall be suspended until the retired member again ceases to be an employee. The amount of pension shall not be changed on account of service as an employee subsequent to retirement.
2. The retired member shall not contribute to the fund and shall not accrue credited service.