Retirement Of Judges And Court Employees

Ark. Code Ann. tit. 24, ch. 8

in effect

Ark. Code Ann. § 24-8-101 Previously retired justice.

(a) Any judge or justice under the age of seventy (70) who is receiving retirement benefits under § 24-8-201 et seq. or § 24-8-701 et seq., who is elected or appointed to any judicial office in this state, and who foregoes receipt of retirement benefits while serving in the judicial office shall be entitled to resume receiving his or her previous retirement benefits upon termination of the subsequent service. (b) If at the time of the initial retirement the judge or justice was entitled to the benefits of the escalator clause provided in § 24-8-218(c)(1) or postretirement benefits provided in § 24-8-223 or § 24-8-717, the judge or justice and the judge's or justice's survivors shall again be entitled to the benefits upon the termination of any such subsequent judicial service.

Ark. Code Ann. § 24-8-102 Benefit provisions — Subjection of annuity rights to process of law.

(a) The right of a person to an annuity, the annuity itself, the return of accumulated contributions, any other right accrued or accruing under § 24-8-201 et seq., or § 24-8-701 et seq., and all moneys belonging to a plan shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law and shall be unassignable except as specifically provided in this chapter. (b) An exception to the prohibition against the subjection of annuity rights to process of law applies to the following: (1) An employer or entity charged with appropriating funds for court expenses shall have the right of setoff for a claim arising from embezzlement or fraud committed by a member, retiree, or beneficiary; and (2) A court of competent jurisdiction of this state may order the monthly benefit of a retiree to be paid into the registry of the court for disposition as the court deems just and proper if the retiree is found by the court to be willfully refusing or failing to support his or her minor dependent children in violation of a court order providing for that support.

Ark. Code Ann. § 24-8-103 Correction of errors.

(a) If any change or error in the records of the Arkansas Judicial Retirement System results in a person receiving more or less than he or she would have been entitled to receive from the system had the records been correct, the Executive Director of the Arkansas Judicial Retirement System shall: (1) Correct the error; and (2) Adjust the payment in a manner that allows the actuarial equivalent of the benefit that the person was entitled to be paid, to the extent it is equitable and practicable. (b)(1) The system shall have the right to recover any overpayment that a person may have received from funds of the system, provided that the overpayment is determined, and the person is notified within five (5) years of the date of the last overpayment. (2) If the overpayment is determined at a date later than five (5) years after the date of the last overpayment, the overpayment shall not be recouped by the Board of Trustees of the Arkansas Judicial Retirement System unless the overpayment was a result of an error caused or created through the intentional nondisclosure, fraud, misrepresentation, or gross negligence by the person receiving the overpayment. (3) In all instances where an overpayment is determined, any subsequent payments shall be adjusted to the correct amount. (c) If it is determined that a person has received an underpayment from the funds of the system, regardless of the date of the determination: (1) The system shall pay in a lump sum to the person the total of any underpayments made before the date of the determination; and (2) Any subsequent payments shall be adjusted to the correct amount.

Ark. Code Ann. § 24-8-201 Public policy.

It is declared to be the state's public policy that chancery and circuit court judges and justices of the Supreme Court may retire or be retired when that course appears to be in the best interest of the official concerned and for the public welfare. Factors suggesting the desirability of retirement are physical disability, advanced age, or other infirmities calculated to materially impair usefulness. In addition, it is the public policy of the state to provide sufficient retirement and survivors' benefits for the chancery and circuit court judges and justices of the Supreme Court of the state to attract and retain highly capable members of the legal profession for service in the state judiciary.

Ark. Code Ann. § 24-8-202 Applicability.

The provisions of this act shall not be retroactive but shall extend benefits from the time of its passage. It shall also apply to judges now living who retired prior to the passage of this act and to the survivors of those judges.

Ark. Code Ann. § 24-8-203 Board of trustees.

(a) The administration and control of the Arkansas Judicial Retirement System shall be vested in a board known as the “Board of Trustees of the Arkansas Judicial Retirement System”. (b)(1) The members of the board shall consist of five (5) persons appointed by the Arkansas Judicial Council. (2) The members shall serve at the pleasure of the council. (3) One (1) of the members shall be elected by the board to serve as chair. (c) The duties of the board shall be: (1) To make all rules necessary and proper for carrying out the provisions of this section; (2) To provide administrative direction and control of the executive director and staff as may from time to time be required; (3) To appoint an actuary, or firm of actuaries, to be a technical advisor to the board on matters regarding the operation of the system on an actuarial basis. The actuary shall perform such duties as are required by him or her under this subdivision (c)(3) and as are from time to time required by the board; (4) To appoint professional investment counsel to be the board's investment advisor or money manager; (5) To serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq.; and (6) To do any and all things necessary for the proper execution of this section. (d) The board shall meet at least quarterly and at other times as necessary at the call of the chair.

Ark. Code Ann. § 24-8-204 Administration.

(a)(1) The executive director and administrative staff of the Arkansas Public Employees' Retirement System shall be the executive director and administrative staff of the Arkansas Judicial Retirement System. (2) All administrative records of the Arkansas Judicial Retirement System shall be maintained within the administrative offices of the Arkansas Public Employees' Retirement System. (b)(1) The Board of Trustees of the Arkansas Judicial Retirement System shall continue to exercise the powers, functions, and duties previously exercised. (2) Nothing in this section shall be construed to diminish or otherwise alter the powers, functions, and duties of the board. (c) All costs of administering the Arkansas Judicial Retirement System shall be paid from the Judges Retirement Fund .

Ark. Code Ann. § 24-8-205 Trust fund.

(a) In addition to the Judges Retirement Fund in the State Treasury, a bank trust fund or funds may be established and maintained in a federally insured depository institution designated by the Board of Trustees of the Arkansas Judicial Retirement System. (b) The board shall be the trustees of the funds, subject to the other provisions of this section, and may employ professional investment counsel in either an advisory capacity only or as a money manager with authority to execute transactions. (c) The funds of the system shall be invested and reinvested in accordance with the following procedure: (1) From time to time, the board shall formulate the policy to be followed in future investment activity; (2) If the board employs investment counsel with authority to execute transactions, the counsel or money manager shall have full power to hold, purchase, sell, assign, transfer, or dispose of any of the moneys or investments of the system pursuant to the provisions of this section and in accordance with the current investment policy filed with the board; (3) At least semiannually, the investment counsel shall file with the board a written report setting forth, for the period since its last report, all investments purchased and sold, all receipts and disbursements, and any other transactions concerning system moneys; (4) At each regular meeting, the board shall examine each written report received from the investment counsel since the last regular meeting; (5) Anything in this section to the contrary notwithstanding, from time to time the board may direct a specific investment activity and shall be fully responsible for the direction; and (6) Anything in this section to the contrary notwithstanding, investment activity shall be subject to the terms, conditions, limitations, and restrictions imposed by law upon state public employee retirement plans in the making and disposing of their investments. (d) A decision on whether to invest, not invest, or withdraw from investment the funds of the system shall not be based on a consideration that the location of the investment, fund, company, or any other type of investment vehicle is in the State of Israel.

Ark. Code Ann. § 24-8-206 Annual actuarial valuation.

An actuarial valuation shall be made annually to determine how well the Arkansas Judicial Retirement System is meeting the financial objectives applicable to all state-supported retirement systems.

Ark. Code Ann. § 24-8-207 Membership generally — Prior service credit.

(a) All chancery judges, circuit judges, judges of the Court of Appeals and justices of the Supreme Court, whether elected or appointed to office, shall participate in the Arkansas Judicial Retirement System. (b) Any active member who did not become a member at the time of his or her initial election or appointment may acquire prior service credit by paying into the system all contributions, together with interest, that would have been paid if he or she had been a member of the system from the time he or she took office until he or she became enrolled.

Ark. Code Ann. § 24-8-209 Contributions — Members — Refund.

(a)(1) The contribution of each member of the Arkansas Judicial Retirement System shall be six percent (6%) of each member's annual salary. (2) A judge or justice who forfeits his or her rights to retirement benefits under § 24-8-215(c) is not required to continue to pay contributions to the system. (b)(1) In the event a judge or justice ceases to be a member prior to qualifying for retirement benefits, he or she shall be entitled to a refund of all contributions paid by him or her into the system. (2)(A) In the event a judge or justice forfeits his or her rights to retirement benefits under § 24-8-215(c), the judge or justice is entitled to receive the principal of the balance of his or her contributions to the system. (B) A judge or justice who forfeited his or her rights to retirement benefits under § 24-8-215(c) is not entitled to any interest accumulated from his or her contributions to the system. (c)(1) For purposes of deferring federal and state income tax and pursuant to the provisions of the Internal Revenue Code, 26 U.S.C. § 414 (h)(2), as adopted by § 26-51-414, the state shall pick up the members' contributions to the judicial retirement fund as required by this section and payable on or after January 1, 1997. (2) Member contributions picked up by the state shall be paid from the same source of funds used for the payment of salary to a member. A deduction shall be made from each member's salary, equal to the amount of the member's contribution picked up by the employer. For all other purposes, member contributions picked up by the state shall be considered member contributions. (3) The provisions of subdivisions (c)(1) and (2) of this section providing for the state to pay the member's contributions for tax deferral under the Internal Revenue Code, § 26-51-414(h), shall be effective from and retroactive to January 1, 1997.

Ark. Code Ann. § 24-8-210 Contributions — State.

(a) The state, as employer, shall make contributions to the Arkansas Judicial Retirement System of twelve percent (12%) of the active member payroll. (b) The Chief Fiscal Officer of the State is authorized and directed to make annual transfers on each July 1 to the Judges Retirement Fund from the Constitutional Officers Fund and the State Central Services Fund in an amount determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section, and further, reduced by the amount of the court cost revenue transferred to the Judges Retirement Fund from the State Administration of Justice Fund in accordance with § 16-10-310.

Ark. Code Ann. § 24-8-211 Contributions — Cessation upon retirement.

(a) When a judge is certified as eligible for retirement, no further contribution shall be required of the judge. (b) Upon the written notice of election by the member of the Arkansas Judicial Retirement System, a judge with at least twenty (20) years of judicial service may continue or recommence payment of the six-percent (6%) contribution into the system to accrue the maximum retirement benefit provided under § 24-8-218.

Ark. Code Ann. § 24-8-212 Credited service — Transfer of service as municipal judge.

Any person who shall have served as a municipal judge in any municipal court in this state and who holds credited service therefor in any retirement system or retirement fund is authorized to transfer his or her credited services in the retirement system or fund to the Arkansas Judicial Retirement System by: (1) Notifying, in writing, the administrative body of each retirement plan of his or her intention to transfer his or her tenure; (2) Authorizing the Board of Trustees of the Arkansas Judicial Retirement System or appropriate administrative body of his or her retirement system to transfer to the system any sums of money paid for his or her retirement to the retirement fund or system by the municipal judge and, at the option of the city council or board of directors, to transfer to the system the court costs collected during his or her tenure as municipal judge; and (3)(A) Paying into the system an amount of money he or she would have paid into the system for an equal amount of tenure as a judge of the court to which he or she has been elected, less the amount of money from his or her present retirement system as authorized in this section. (B) Upon transferring the credited service from his or her present retirement fund or system, the person shall be given credited service in the system for an equal number of years of credited service for which he or she has qualified under any other plan or system to which he or she has belonged by reason of his or her service as municipal judge.

Ark. Code Ann. § 24-8-213 Credited service — Transfer of fourteen years' service as prosecuting attorney.

Any person who shall have served not less than fourteen (14) years as an elected prosecuting attorney in this state and who holds credited service therefor in the Arkansas Public Employees' Retirement System, as established by § 24-4-103 , upon being elected as a circuit judge, chancery judge, or justice of the Supreme Court, is authorized to transfer his or her credited service in the Arkansas Public Employees' Retirement System to the Arkansas Judicial Retirement System by: (1) Notifying, in writing, the administrative body of each of the retirement plans of his or her intention to so transfer his or her tenure; (2) Authorizing the Board of Trustees of the Arkansas Public Employees' Retirement System to transfer to the Arkansas Judicial Retirement System any sums of money paid for his or her retirement to the Arkansas Public Employees' Retirement System by the elected prosecuting attorney; and (3)(A) Paying into the Arkansas Judicial Retirement System an amount of money he or she would have paid into the system for an equal amount of tenure as a judge of the court to which he or she has been elected, less the amount of money transferred from the Arkansas Public Employees' Retirement System as authorized in this section. (B) Upon transferring the credited service from the Arkansas Public Employees' Retirement System, the person shall be given credited service in the Arkansas Judicial Retirement System for an equal number of years of credited service for which he or she has qualified under the Arkansas Public Employees' Retirement System as an elected prosecuting attorney.

Ark. Code Ann. § 24-8-214 Credited service — Transfer of four years' service as prosecuting attorney.

Any person who shall have served not less than two (2) years as an elected prosecuting attorney in this state and who holds credited service therefor in the Arkansas Public Employees' Retirement System, as established by § 24-4-103 , anytime after being elected as a circuit judge, chancery judge, circuit-chancery judge, or justice of the Supreme Court, is authorized to transfer his or her credited service in the Arkansas Public Employees' Retirement System to the Arkansas Judicial Retirement System by: (1) Notifying, in writing, the administrative body of each of the retirement plans of his or her intention to so transfer his or her tenure; (2) Authorizing the Board of Trustees of the Arkansas Public Employees' Retirement System to transfer to the Arkansas Judicial Retirement System any sums of money paid for his or her retirement to the Arkansas Public Employees' Retirement System by the elected prosecuting attorney; and (3)(A) Paying into the Arkansas Judicial Retirement System an amount of money he or she would have paid into the system for an equal amount of tenure as a judge of the court to which he or she has been elected, less the amount of money transferred from the Arkansas Public Employees' Retirement System as authorized in this section. (B) Upon transferring the credited service from the Arkansas Public Employees' Retirement System, the person shall be given credited service in the Arkansas Judicial Retirement System for an equal number of years of credited service for which he or she has qualified under the Arkansas Public Employees' Retirement System as an elected prosecuting attorney.

Ark. Code Ann. § 24-8-215 Eligibility for benefits — Retirement generally.

(a) Any active member with a minimum of ten (10) years of credited service may voluntarily retire upon reaching sixty-five (65) years of age or thereafter upon filing a written application with the Board of Trustees of the Arkansas Judicial Retirement System. (b) Any other member who has a minimum of twenty (20) years of credited service may retire regardless of age, and any judge or justice who has served at least fourteen (14) years shall be eligible for benefits upon reaching age sixty-five (65). (c)(1) A judge or justice who is not seventy (70) years of age on the date on which he or she is elected to a term of office may complete the term without forfeiting his or her rights to retirement benefits under this section. (2)(A) Any judge or justice who is not eligible to retire at age seventy (70) may continue to serve as judge until the completion of the term of office in which he or she receives sufficient credited service to retire without losing his or her retirement benefits. (B) The judge or justice shall lose all retirement benefits if he or she serves beyond the end of the term needed to get sufficient credited service to retire. (3)(A) Otherwise, judges or justices must retire by their seventieth birthday or lose their retirement benefits. (B) However, any active judge or justice who was serving prior to July 1, 1965, may continue to serve until any age and shall, upon retirement, be eligible to receive retirement benefits. (d) In all cases of age and service retirement for judges or justices elected after July 1, 1983, the member must have a minimum of eight (8) years of actual service as a justice of the Supreme Court or a judge of the circuit or chancery courts or of the Court of Appeals. (e) The provisions of this section shall be accumulative to all present laws pertaining to the retirement of judges of the circuit and chancery courts and of justices of the Supreme Court and shall in no way repeal, amend, or modify such laws except as otherwise specifically provided in this section.

Ark. Code Ann. § 24-8-216 Eligibility for benefits — Early retirement.

(a) Any judge of a circuit or chancery court who has fourteen (14) years or more of credited service in the Arkansas Judicial Retirement System, established by Acts 1953, No. 365, may elect to retire and receive retirement benefits under the provisions of Acts 1953, No. 365, at any time after reaching age sixty-two (62) and before reaching age sixty-five (65). (b) The retirement benefits of any circuit or chancery judge electing to retire before age sixty-five (65) shall be reduced six percent (6%) for each full year and proportionately for any part of a year that the judge retires before reaching age sixty-five (65).

Ark. Code Ann. § 24-8-217 Eligibility for benefits — Disability retirement.

(a) Any member of the Arkansas Judicial Retirement System who has served a minimum of three (3) consecutive years shall receive retirement benefits if any incapacitating disability as determined by the Board of Trustees of the Arkansas Judicial Retirement System shall occur during any term for which the judge has been elected. (b) The three-year service requirement shall only apply to judges elected after July 1, 1983. (c)(1) A judgment of disability should not be granted by the board until it is reasonably assured of a judge's permanent physical or mental incapacity to perform the duties of his or her judicial office. (2) The board should act only upon proper certification of incapacity by two (2) or more physicians.

Ark. Code Ann. § 24-8-218 Retirement and survivors' benefits generally.

(a) The retirement benefits to be paid an eligible and qualified member or retiree under the provisions of this section shall be sixty percent (60%) of the annual salary payable to the last judicial office held and shall be payable for the recipient's life. (b)(1) Survivors' benefits shall be sixty-seven percent (67%) of the amount of the retirement benefits. (2) Upon the death of an active judge who has served at least three (3) years, or any other judge who has met or could have met the qualifications for retirement benefits under any section of this subchapter, his or her survivors shall receive a sum equal to sixty-seven percent (67%) of the retirement benefits provided in subsection (a) of this section. (3) The requirement of three (3) years of service shall only apply to judges elected after July 1, 1983. (4) Survivors' benefits shall be payable as follows: (A) If the decedent is survived by a spouse to whom he or she has been married for not less than one (1) year and with whom he or she is living at the time of the decedent's death and if he or she is not survived by any minor child or children, then the spouse shall draw for life or until remarriage a sum equal to sixty-seven percent (67%) of the benefits provided in subsection (a) of this section; (B)(i) If the decedent is survived by both an eligible spouse and minor children, then one-half (½) of the survivors' benefits shall be paid to the spouse for life or until remarriage. The other one-half (½) of the survivors' benefits shall be paid to the guardian of the minor children during the period of minority. (ii) When all of the children cease to be minors, then the survivors' benefits paid to the minor children shall be paid to the spouse; and (C) If the decedent is not survived by an eligible spouse but is survived by minor children, then the survivors' benefits, i.e., sixty-seven percent (67%) of the benefits provided in subsection (a) of this section, shall be payable to the guardian of the minor children during the period of minority. (5) If a surviving spouse who is receiving survivors' benefits under this section remarries and the benefits are discontinued and the surviving spouse again becomes unmarried, benefits provided in this section for the spouse shall be resumed. (6) No surviving spouse shall be eligible to receive survivors' benefits on more than one (1) member account. (c)(1) The retirement benefits and survivors' benefits provided for in this section shall be based on the salary for the judicial office last held by the member qualifying for retirement as fixed by law at the time any payment of benefits is made rather than on the salary for the office at the time of the member's retirement. (2) The retirement benefits shall be increased or decreased from time to time as the salary for the particular judicial office is increased or decreased. (3)(A) This method of determination of the amount of retirement or survivors' benefits shall be applicable to any person who is a member of the Arkansas Judicial Retirement System on or before June 30, 1983. (B) For all judges or justices first elected after July 1, 1983, the benefit payable shall be sixty percent (60%) of the salary after twenty (20) years or more of judicial service, for the office at the time of the member's retirement. (C)(i) Prospective with the passage of this act, the benefit payable for each year of additional service after twenty (20) years of judicial service, the benefit shall be increased by two and one-half percent (2.5%) in accordance with the provisions of § 24-8-211(b). (ii) Election to participate shall be made in writing in a manner and method determined by the Board of Trustees of the Arkansas Judicial Retirement System and shall be irrevocable. (iii) The maximum retirement benefit payable to a judge or justice under this section is seventy-five percent (75%) of the salary for the office at the time of the member's retirement. (4)(A) Any judge or justice under the age of seventy (70) who is receiving retirement benefits under this subchapter or § 24-8-701 et seq. and who is elected or appointed to any judicial office in this state and who foregoes receipt of retirement benefits while serving in the judicial office shall be entitled to resume receiving his or her previous retirement benefits upon termination of the subsequent service. (B) If at the time of the initial retirement the judge or justice was entitled to the benefits of the escalator clause provided in subdivision (c)(1) of this section or the postretirement benefits provided in § 24-8-223 or § 24-8-717, the judge or justice and the judge's or justice's survivors shall again be entitled to the benefits upon the termination of any such subsequent judicial service. (d)(1) Entitlement to retirement compensation and survivors' benefits for those judges who have retired as of June 30, 1983, shall be based upon certificates of the Board of Trustees of the Arkansas Judicial Retirement System previously filed with the Auditor of State. (2) Entitlement to retirement compensation and survivors' benefits for those judges who retire on or after July 1, 1983, shall be evidenced by the certificate of the board transmitted to the executive director. (3) All retirement compensation and survivors' benefits shall be paid monthly from the Judges Retirement Fund. (4) All retirement and survivors' benefits provided by this subchapter shall be paid from the fund to be administered by the executive director and staff of the Arkansas Public Employees' Retirement System.

Ark. Code Ann. § 24-8-219 Rights of surviving unremarried spouses of certain judges.

(a) The surviving unremarried spouse, sixty-five (65) years of age or older, of any person who served as a justice of the Supreme Court, as a judge of the Court of Appeals, or as a judge of any circuit or chancery court of the State of Arkansas for a period of eight (8) years or longer, who is not now receiving, or entitled to receive, survivors' benefits under the Arkansas Judicial Retirement System shall be entitled to receive survivors' benefits under the system upon meeting the qualifications therefor and otherwise complying with the provisions of this section. (b)(1) Any person desiring to apply for and draw benefits provided for in this section shall make application to the Auditor of State. (2) The application shall be supported and accompanied by proof satisfactory to the Auditor of State that the applicant is an unmarried spouse, sixty-five (65) years of age or older, of a person who served either on the Supreme Court, as a judge of the Court of Appeals, or as a circuit or chancery judge for a period of eight (8) years or longer, and that the applicant was married to the deceased justice or judge for at least five (5) years, was married to him or her at the time of his or her death, and was living with him or her in marriage at the time of his or her death. (c) Upon receipt of the application and proof, the Auditor of State shall determine the total amount of compensation received by the deceased judge subsequent to July 1, 1953, and shall compute four percent (4%) of that amount as the amount the applicant shall pay to the Auditor of State if the applicant desires to qualify for survivor benefits under the system as permitted in this section. (d) The Auditor of State shall also determine the amount which would have been paid to the applicant had the deceased spouse been qualified under the system. (e)(1) The Auditor of State shall credit the amount as determined in subsection (d) of this section against the amount which has been computed as the four-percent amount which the applicant is required to pay under subsection (c) of this section. (2) The applicant shall be required to pay to the Auditor of State only the amount by which the four-percent figure exceeds the credit. (3) This payment shall be deposited into the State Survivor's Account by the Auditor of State. (f) Upon payment of the adjusted amount as required and prescribed in this section, if payment is due after application of credits, the applicant shall be entitled to draw survivors' benefits as prescribed in the system from the first day of the month following payment of the adjusted amount to the Auditor of State, or from the first day after the accounts are adjusted if no payment is due. (g) Survivors' benefits provided for in this section shall be paid in the same manner as other survivors' benefits under the system are paid.

Ark. Code Ann. § 24-8-220 Restrictions on benefits.

(a) Acts 1953, No. 365, as amended by this act, is to be in all of its sections complementary, except that no person may take benefits under two (2) or more sections of this act at the same time. (b) Retirement and survivors' benefits shall be measured by the salary payable for the position last held by the retired or deceased judge at the time of payment of any particular benefit, so that, should salaries of the judicial positions covered by this act be altered, the amount of benefits payable under this act shall be proportionately altered.

Ark. Code Ann. § 24-8-222 Credited service — Transfer of service as juvenile judge.

(a) Any member of the Arkansas Judicial Retirement System who has credit in the Arkansas Public Employees' Retirement System for service as a juvenile judge is authorized to transfer that credit to the Arkansas Judicial Retirement System by: (1) Notifying in writing the administrative body of each of the retirement systems of the intention to transfer his or her tenure; (2) Authorizing the Board of Trustees of the Arkansas Public Employees' Retirement System to transfer to the Arkansas Judicial Retirement System all contributions paid by and on behalf of the former juvenile judge, together with six percent (6%) interest compounded from the date of payment; and (3) Paying into the Arkansas Judicial Retirement System the total contributions which would have been paid, based on the member's current salary, for an equal amount of tenure as a member of this system, less the amount of money transferred from the Arkansas Public Employees' Retirement System. (b) Upon transferring his or her credited service, the member shall be credited in the Arkansas Judicial Retirement System with the same amount of time with which he or she had been previously credited in the Arkansas Public Employees' Retirement System for service as a juvenile judge.

Ark. Code Ann. § 24-8-223 Redetermination of benefits.

(a) Each July 1 the Arkansas Judicial Retirement System shall redetermine the amount of each monthly benefit which has been payable by the system for at least twelve (12) full calendar months. The redetermined amount shall be payable for the following twelve (12) calendar months. (b) The redetermined amount shall be the amount of benefit payable as of the immediately preceding July 1 increased by three percent (3%). (c) This method of redetermination of the amount of the retirement benefits shall be applicable to any judge first elected after July 1, 1983.

Ark. Code Ann. § 24-8-224 Benefits when serving past mandatory retirement age.

(a) Notwithstanding § 24-8-215 regarding mandatory retirement under the Arkansas Judicial Retirement System for any judge or justice upon reaching seventy (70) years of age or any other law to the contrary, any judge or justice covered under the system who served continuously for at least sixteen (16) years, who is at least eighty (80) years of age, who is not serving on April 19, 1995, and who is ineligible for retirement due to having served beyond the mandatory retirement age shall be entitled to receive retirement benefits under the system. (b) Retirement benefits under this section shall be retroactive to January 1, 1995, or, for judges or justices retiring after 1995, to January 1 of the year of retirement.

Ark. Code Ann. § 24-8-225 Limitation on benefit enhancement — Acts 1997, No. 926.

(a) No benefit enhancement provided for by § 24-8-214 shall be implemented if it would cause the publicly supported retirement system's unfunded actuarial accrued liabilities to exceed a thirty-year amortization. (b) No benefit enhancement provided for by § 24-8-214 shall be implemented by any publicly supported system which has unfunded actuarial accrued liabilities being amortized over a period exceeding thirty (30) years until the unfunded actuarial accrued liability is reduced to a level less than the standards prescribed by § 24-1-101 et seq.

Ark. Code Ann. § 24-8-226 Minimum benefits.

The following minimum benefits shall apply to any plan based only on actual service under the Arkansas Judicial Retirement System: (1) The annual minimum disability benefit shall be equal to twenty-five and six-tenths percent (25.6%) of the annual salary of the judge or justice; and (2) The annual minimum survivors' benefit shall be an amount equal to seventeen and one hundred fifty-two thousandths percent (17.152%) of the annual salary of the judge or justice.

Ark. Code Ann. § 24-8-227 Definition.

Unless the context requires otherwise, any listing of judges or justices in § 24-8-201 et seq. and § 24-8-701 et seq. shall include all judges and justices in the Arkansas Judicial Retirement System.

Ark. Code Ann. § 24-8-228 Proposals to establish or revise benefits.

(a) The Board of Trustees of the Arkansas Judicial Retirement System shall present to the Joint Committee on Public Retirement and Social Security Programs information concerning the statutory authority and actuarial appropriateness of proposed board actions to establish or revise a multiplier or any benefit. (b) An individual who received a refund of contributions from the Arkansas Judicial Retirement System after January 1, 1998, may repay the contributions to the system no later than six (6) months after July 1, 1999.

Ark. Code Ann. § 24-8-229 Payment of benefits — Survivors — Definition.

(a) The effective date of monthly benefits payable to a survivor of a deceased member or a survivor of a deceased retiree under § 24-8-218 and § 24-8-219 is the first day of the calendar month next following the month in which the member or retiree died, regardless of when the survivor submits an application for the payment of the benefits.

Ark. Code Ann. § 24-8-230 Penalty.

A person who knowingly makes a material false statement or who materially falsifies or permits to be materially falsified any record in an attempt to defraud the Arkansas Judicial Retirement System as the result of such an act upon conviction is guilty of a Class D felony in accordance with § 5-55-301.

Ark. Code Ann. § 24-8-301 Subchapter cumulative.

This subchapter shall not repeal existing laws of this state relating to the retirement of municipal court judges and municipal court clerks but shall be cumulative thereto, specifically to §§ 24-8-401 and 24-8-403 — 24-8-408 , and acts amendatory thereof. It shall in no manner affect the rights or status of persons receiving or eligible to receive retirement benefits under the provisions of §§ 24-8-401 and 24-8-403 — 24-8-408 .

Ark. Code Ann. § 24-8-302 Board of trustees.

(a) There is created in cities of the first class or cities of the second class a board of trustees which shall consist of the mayor, city clerk, city treasurer, city health officer, and municipal judges of the city. (b) The board shall receive and administer the funds collected under the provisions of this subchapter and shall have the power to make necessary rules therefor. (c)(1) The board shall have the authority to invest such funds as are not necessary for immediate use for payment of retirement benefits in interest-bearing securities of the State of Arkansas or certificates of the United States or any or all such securities. (2) Subject to subdivision (c)(3) of this section, a city having a municipal judges' and clerks' pension plan with assets in excess of one hundred thousand dollars ($100,000) shall have full power to invest and reinvest the moneys of the plan and to hold, purchase, sell, assign, transfer, or dispose of any of the investments so made, as well as the proceeds of the investments and moneys. Such authority shall be implemented by the mayor and the city treasurer. (3) The investments and reinvestments shall be made only in accordance with the prudent investor rule set forth in §§ 24-3-417 — 24-3-426 [repealed]. (4) A city having a municipal judges' and clerks' pension plan with assets in excess of one hundred thousand dollars ($100,000) may employ an investment advisor as its agent to make investment recommendations and to invest the assets pursuant to a written board investment policy, subject to the terms, conditions, limitations, and restrictions imposed by law upon investments of state retirement systems, as set forth in §§ 24-3-417 — 24-3-426 [repealed]. (5) The investment policy shall not limit the investments to interest-bearing bonds. (6) A city, mayor, or city treasurer who complies with the requirements of § 24-3-425(a) [repealed] is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated. (7) By accepting the delegation of a trust function from the trustees of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state. (d)(1) The city treasurer shall be the treasurer of the board. At the direction of the board, he or she shall deposit the funds paid into the board in some suitable depository and shall draw and sign all necessary checks at the direction of the board. (2) He or she shall execute a bond in a sum fixed by the board to guarantee his or her good faith in the handling of the funds coming into his or her hands under the provisions of this subchapter. (e) The city clerk shall be the secretary of the board. (f) The board shall constitute one (1) of its members as chair, who shall serve for a period of two (2) years. (g) Meetings of the board may be called by the chair or by a majority of the members in a manner established by the board. (h)(1) The city clerk shall receive the sum of ten dollars ($10.00) for each and every meeting attended but shall not be paid more than fifty dollars ($50.00) in any one (1) year. (2) All other members shall serve without pay.

Ark. Code Ann. § 24-8-304 Benefits — Frequency of payment — Deficiencies.

(a) All payments of retirement benefits under this subchapter shall be payable semimonthly. (b)(1) In case the fund established by this subchapter should ever become deficient to pay retirement benefits due any persons under this subchapter, the city treasurer shall verify the deficiency. (2) This deficiency shall be met by payment from the general funds of the city and proportionately from the general funds of the county if the salary of the judge of the municipal courts in the county is paid partially by the county, in such amount as may be necessary to continue the timely payment of retirement benefits to the persons entitled thereto. (3) If funds thereafter accruing under this subchapter accumulate to become sufficient for the payment of benefits, then no further payment shall be made from the general funds of the city unless and until the fund provided by this subchapter should again become deficient and the deficiency is verified by the city treasurer.

Ark. Code Ann. § 24-8-305 Entitlement to benefits generally.

(a) Any judge, licensed to practice law, of a municipal court established in any county and any clerk of such a municipal court appointed by the judges thereof shall be entitled to the benefits prescribed in this subchapter for such judges and clerks. (b) Any judge of a municipal court who is not licensed to practice law shall be entitled to the benefits prescribed in § 24-8-310.

Ark. Code Ann. § 24-8-306 Eligibility for benefits — Regular and disability retirement — Surviving Spouses' rights.

(a) A judge of a municipal court upon reaching age sixty-eight (68) and having served for a minimum of seven (7) years immediately prior to retirement may retire. (b)(1) If incapacitating illness or disability should occur during any term for which a judge has been elected, he or she shall be eligible to retire. (2) The retirement benefits to be paid to the retiree shall be equal to one-half (½) of the salary being paid at the time of retirement for and during his or her natural life. (c) Notice of retirement under any provision of this subchapter shall be in writing and sent to the chair of the board of trustees who, upon finding that the applicant meets the requirements for retirement, shall authorize the secretary of the board to issue vouchers in payment to the applicant in accordance with the provisions of this subchapter for and during the natural life of the applicant. (d)(1) Upon the death of a judge receiving, or eligible to receive, retirement benefits under this subchapter, leaving a surviving spouse, there shall be paid to the surviving spouse for the remainder of his or her natural life, or until he or she remarries, benefits equal to one-half (½) of the retirement benefits which the deceased judge was receiving, or would have been eligible to receive, at the time of his or her death. (2) Upon the death of a judge while serving in that capacity, leaving a surviving spouse who has been married to and living with the judge for at least five (5) years immediately preceding his or her death, that surviving spouse, if not remarried prior thereto, shall, upon reaching age fifty (50), be entitled to and shall receive, until his or her death or remarriage, benefits in an amount equal to one-half (½) of the retirement benefits to which the deceased judge would have been entitled had he or she been eligible for retirement on the date of his or her death. (3)(A) Upon the death of a municipal judge, while serving in that capacity, in a county which is authorized by the Arkansas Constitution to have two (2) districts and two (2) county seats, and who has served as a municipal judge of the court for a minimum of fifteen (15) years, leaving a surviving spouse who had been married to, and living with, the judge for at least fifteen (15) years immediately preceding his or her death, the surviving spouse, if not remarried prior thereto, shall, upon reaching age forty-seven (47), be eligible to apply for, and shall receive until his or her death or remarriage, benefits as authorized in this subdivision (d)(3) in an amount equal to one-half (½) of the retirement benefits to which the deceased judge would have been entitled had he or she been eligible for retirement on the date of his or her death. (B) This subdivision (d)(3) shall apply to all such municipal judges now serving, or who shall serve in the future, or who have served as such during the five-year period immediately prior to March 5, 1985, who have accumulated fifteen (15) years of service as a municipal judge and who meet the other requirements of this subdivision (d)(3). (C) This subdivision (d)(3) shall not apply to any retirement funds which are administered by the state, nor shall any surviving spouse be entitled to the benefits provided by this subdivision (d)(3) unless the payment of the benefits has been approved by both the governing body of the city wherein the municipal court sits and the quorum court of the county wherein the municipal court sits.

Ark. Code Ann. § 24-8-307 Eligibility for benefits — Cities of the first class or cities of the second class.

(a)(1) Upon the approval of a majority of the city council or the board of directors of a city of the first class or a city of the second class, and of the county quorum court if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court to which this subchapter applies who shall attain age fifty (50) and who shall have served at least sixteen (16) years in office as municipal judge shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (b)(1) Upon the approval of the governing body of the municipality and of the county quorum court if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court who shall attain age seventy (70) or over, who shall have served at least six (6) elective years in office as municipal judge, and who has served not less than two (2) or more elective years as a prosecuting attorney and as an Attorney General of the State of Arkansas shall be entitled to receive benefits provided by this subchapter. (2)(A) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (B) In addition thereto, the surviving spouse of the judge shall be entitled to the benefits provided in this subchapter. (c)(1) Upon approval of the governing body of the municipality and of the county quorum court if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court who shall attain age seventy-eight (78) or over, who shall have served at least four (4) years in office as municipal judge, and who has become disabled while serving as municipal judge shall be entitled to receive benefits provided by this subchapter. (2)(A) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (B) In addition thereto, the surviving spouse of the judge shall be entitled to the benefits provided in this subchapter. (d) Any municipal judge receiving retirement benefits under the provisions of this subchapter shall not be eligible to receive retirement benefits under the provisions of §§ 24-8-401 and 24-8-403 — 24-8-408 in addition thereto. (e)(1) Upon the approval of a majority of the city council or board of directors of a city of the first class or a city of the second class, any person who shall attain age fifty (50), and who shall have served two (2) or more years as an elected justice of the peace and three (3) or more years as a certified full-time law enforcement officer, and who has held the office of municipal judge not fewer than ten (10) years shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (3) If incapacitating illness or disability should occur during the final term for qualification under these provisions, then the judge so elected shall be eligible to retire at one-half (½) pay as provided in this section. (4) In addition thereto, the surviving spouse of the qualifying judge shall be entitled to the benefits provided in this subchapter until his or her death or remarriage. (f)(1) Upon the approval of a majority of the city council or board of directors of a city of the first class or a city of the second class and the approval of the quorum court of the county, any person shall be eligible to receive retirement benefits provided by this subchapter who: (A) At age fifty-five (55) has sixteen (16) years of service with not fewer than eight (8) years as municipal judge and at least five (5) years as a deputy prosecuting attorney and three (3) years with any state agency for a total of sixteen (16) years; or (B) At age fifty (50) has at least ten (10) years of service as municipal judge and at least ten (10) years of service as a juvenile referee for a total of twenty (20) years of service. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to the judge at the time of resignation, retirement, or succession in office. (3) If incapacitating illness or disability should occur during the final term for qualification under these provisions, then the judge so elected shall be eligible to retire at one-half (½) pay as provided in this section. (4) In addition thereto, the surviving spouse of the qualifying judge shall be entitled to the benefits provided in this subchapter until the surviving spouse's death or remarriage. (g)(1) Upon the approval of the governing body of the municipality and of the county quorum court, if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court or county municipal court who shall attain age sixty-two (62) and who shall have served at least sixteen (16) years in office as municipal judge, or at least sixteen (16) years combined service as municipal judge, deputy prosecuting attorney, assistant attorney general, or city attorney shall be eligible to receive retirement benefits provided by this subsection. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount, approved by the governing body or governing bodies, equal to not less than thirty-five percent (35%) nor more than fifty percent (50%) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (3) Any municipal judge who retires under this subsection shall be entitled to continue to participate in and be covered by the city/county health insurance program. (h)(1) Upon the approval of the governing body of the municipality and of the county quorum court, if county funds are used to partially pay the salary of the judge of the municipal court, any person who has sixteen (16) or more years of public service, with not less than twelve (12) years as municipal judge and at least four (4) years of other public service as a state trooper, as deputy prosecuting attorney, and with active duty in the military aggregated together for a total of sixteen (16) years or more at public service, shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (3) If incapacitating illness or disability should occur during the final term for qualification under these provisions, then the judge so elected shall be eligible to retire at one-half (½) pay as provided in this section. (4) In addition thereto, the surviving spouse of the qualifying judge shall be entitled to the benefits provided in this subchapter until his or her death or remarriage. (i)(1) Upon the approval of a majority of the city council or board of directors of a city of the first class or a city of the second class and the approval of the quorum court of the county, if county funds are used to partially pay the salary of the judge of the municipal court, any person who at age fifty (50) has sixteen (16) years of service, with not less than eight (8) years as municipal judge and at least six (6) years as a prosecuting attorney or deputy prosecuting attorney and two (2) years with any state agency for a total of sixteen (16) years, shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (3) If incapacitating illness or disability should occur during the final term of qualification under these provisions, then the judge so elected shall be eligible to retire at one-half (½) pay as provided in this section. (4) In addition thereto, the surviving spouse of the qualifying judge shall be entitled to the benefits provided in this subchapter until his or her death or remarriage.

Ark. Code Ann. § 24-8-308 Eligibility for benefits — Twenty years of service.

(a)(1) Any judge of a municipal court to which this subchapter applies who shall have served at least twenty (20) years in office as municipal judge, irrespective of age, shall be eligible to receive retirement benefits provided by this subchapter. (2) If incapacitating illness or disability should occur during the final term of qualifications under these provisions, then the judge so elected shall be eligible at one-half (½) pay as provided in subsection (b) of this section. (3) On the death of a municipal judge leaving a surviving spouse who had been married to and living with the judge for at least ten (10) years, the surviving spouse shall be eligible to apply for and shall receive until his or her death or remarriage, benefits as authorized in this subdivision (a)(3) in an amount equal to one-half (½) the retirement benefits to which the deceased judge would have been entitled on the date of his or her death. (b) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.

Ark. Code Ann. § 24-8-309 Eligibility for benefits — Sixteen years of service as judge and city attorney.

Upon the approval of the governing body of the municipality and of the county quorum court if county funds are used to partially pay the salary of the judge of the municipal court, any judge of a municipal court who has served or who shall serve at least twelve (12) years in office as municipal judge and who has also served four (4) years or more as city attorney in the same city shall, upon attaining age sixty-five (65), receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.

Ark. Code Ann. § 24-8-310 Eligibility for benefits — Judge unlicensed to practice law.

(a) Any judge of a municipal court who is not licensed to practice law, who has served at least twenty (20) years as municipal judge or police judge, and who resigns, retires, or is succeeded in office shall receive retirement benefits upon attaining age sixty (60). (b) These benefits shall continue for and during the remainder of his or her natural life in an amount equal to one-fourth (¼) of the salary payable to him or her at the time he or she resigned, retired, or was succeeded in office.

Ark. Code Ann. § 24-8-311 Eligibility for benefits — Clerks.

(a)(1) Any clerk of a municipal court to which this subchapter applies, appointed by the judges of the court, shall be eligible to receive retirement benefits provided by this subchapter who: (A) Attains age sixty (60) and has served in office as clerk for at least ten (10) years; or (B) Has served in office for at least twenty (20) years irrespective of age. (2) If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to the clerk at the time of resignation, retirement, or succession in office. (3) After the death of the clerk, the surviving spouse of a qualifying court clerk shall be entitled to continue to receive the retirement benefits under this subchapter until the surviving spouse dies or remarries. (b) Upon the approval of the governing body of the municipality and following a determination of the actuarial soundness of the fund from which the benefits shall be paid, any court clerk of a municipal court who upon reaching age sixty-eight (68) will have served for a minimum of seven (7) years immediately prior to severance from employment may retire with a reduced benefit in an amount equal to seven-tenths (0.7) of the benefits payable under subsection (a) of this section. (c)(1) The board of trustees by resolution may provide retirement benefits to a clerk who is incapacitated due to illness or disability and has served for a minimum of seven (7) years. (2) The clerk may retire with a reduced benefit in an amount equal to seven-tenths (0.7) of the benefits payable under subsection (a) of this section.

Ark. Code Ann. § 24-8-312 Right of transfer from or purchase of credit in Arkansas Public Employees' Retirement System or reciprocal system.

(a)(1) A judge of a municipal court and a clerk of a municipal court who, on March 23, 1973, were covered by the provisions of the Municipal Section of the Arkansas Public Employees' Retirement System shall, prior to January 1, 1982, make an election in writing as to whether to continue as a member of the Arkansas Public Employees' Retirement System in lieu of participating in the retirement benefits in this subchapter. (2) In the event any such municipal judge or municipal court clerk shall elect to receive retirement benefits under this subchapter, they shall cease to be members of the Arkansas Public Employees' Retirement System. (b)(1) In the case of all municipal judges and municipal court clerks who elected, in the manner provided in this subchapter, to receive retirement benefits under the provisions of this subchapter in lieu of benefits provided as a member of the Arkansas Public Employees' Retirement System, all contributions paid by the municipal judge or the municipal court clerk and all employer matching contributions paid to the Arkansas Public Employees' Retirement System in behalf of the municipal judge or the municipal court clerk shall be remitted, upon written request therefor by the board of trustees, as established in § 24-8-302 by the Arkansas Public Employees' Retirement System from the employer and employee accounts of the Municipal Section of the Arkansas Public Employees' Retirement System Fund to the board of trustees. (2) Upon receipt of the contributions, the board of trustees shall deposit the contributions in the fund established for the payment of retirement benefits to retired municipal judges and municipal court clerks in the city as provided in this subchapter. (c)(1) Any municipal court clerk or former municipal court clerk who was covered by the Arkansas Public Employees' Retirement System at the time of the municipal service or was eligible for coverage at that time who withdrew the service and the accumulated contributions to the system and who later becomes a member of the Arkansas Public Employees' Retirement System or of a reciprocal system shall, upon meeting the requirements prescribed in this subsection, be entitled to have the time of complete municipal service restored to his or her credit. (2) In order for the member of the system or of the reciprocal system to be eligible to have the service credit restored, the member: (A) Shall not be currently receiving benefits under the system or a reciprocal system; (B) Shall be entitled to purchase no more than ten (10) years for the service rendered by the member as a municipal court clerk; (C) Shall have at least ten (10) years' credited service with the system or a reciprocal system at the time of the purchase; (D) Shall not have received credited service in the system or a reciprocal system in another state-supported retirement system or in a retirement system of the city in which the member was employed for the time period for which credit is being sought; and (E) Contributes to the members' deposit account a sum of money equal to the amount he or she, and if the employer contributions were returned, the amount the employer, would have contributed to the account had he or she been a member of the system or a reciprocal system during the period of service with the municipal court for which the member is establishing credit. This amount shall be based upon his or her, and if the employer contributions were returned, the employer's, monthly contribution at the time of the member's service with the municipal court for which the member is establishing credit and interest thereon at the rate of six percent (6%) with interest compounded annually.

Ark. Code Ann. § 24-8-313 Vote to pay benefits to certain clerks and spouses of judges.

(a) Upon a three-fourths (¾) vote of the board of trustees established under § 24-8-302, the fund established under § 24-8-301 et seq. may pay retirement benefits due the following persons: (1) Former municipal court clerks who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund; and (2) The surviving spouse of a municipal judge who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund. (b) This section shall not repeal existing laws of this state relating to the retirement of municipal court judges and municipal court clerks but shall be cumulative to those laws. It shall in no manner affect the right or status of persons receiving or eligible to receive retirement benefits under § 24-8-301 et seq. or under retirement laws effective prior to March 23, 1973. (c) In case the fund established by § 24-8-301 et seq. should ever be or become deficient to pay retirement benefits due any person or persons under § 24-8-301 et seq. and those benefits due under this section, the treasurer of the board of trustees shall verify the deficiency, which shall be met by payment from the general funds of the city and proportionately from the general funds of the county if the salary of the judge and the clerk is paid partially by the county until such time as the fund accumulates funds sufficient to pay benefits.

Ark. Code Ann. § 24-8-314 Municipal judge filling partial term, etc.

(a) Any judge of a municipal court who was elected countywide to a partial term left vacant by the death of the former judge and who shall have completed the same and subsequently shall have been elected to and completed four (4) consecutive four-year terms and shall at the time of his or her retirement have attained age fifty (50), upon retirement shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her retirement. (b) Upon his or her death, his or her surviving spouse shall be entitled for the remainder of his or her natural life, or until he or she remarries, benefits equal to one-half (½) of the retirement benefits which the deceased judge was receiving at the time of his or her death.

Ark. Code Ann. § 24-8-315 Multicounty districts — Options.

(a) The quorum court of any county which is divided into two (2) districts and has two (2) county seats and in which the municipal court is funded primarily by the county shall have the option to provide retirement benefits for the municipal court judge and the municipal court clerk under a local retirement plan provided for in § 24-8-301 et seq. or to include the municipal court judge and municipal court clerk in the Arkansas Public Employees' Retirement System. (b)(1) In any county which is divided into two (2) districts and has two (2) county seats and in which the municipal court is funded primarily by the county, the quorum court is authorized to create a municipal court retirement board of trustees. (2)(A) The board shall be composed of the county judge, county treasurer, county clerk, the mayor of the city in which the municipal court sits, the judge of the municipal court, and one (1) member of the quorum court that represents the service district in which the municipal court sits to be designated by the county judge. (B) The members of the board shall serve without pay. (C) The county judge shall be chairman of the board, the county clerk shall be secretary of the board, and the county treasurer shall be treasurer of the board. (D)(i) The county treasurer, as treasurer of the board, shall deposit such funds as the board shall direct in a suitable depository and shall withdraw such funds on direction of the board. (ii) The treasurer shall execute a bond in a sum fixed by the board to guarantee his or her good faith in the handling of the funds coming to his or her hands under the provisions of this section. (c) The board shall meet one (1) time each year, and special meetings may be called by the chairman or a majority of the members at any time. (d)(1) The board shall have the authority and duty to receive and administer the funds collected in the county under § 24-8-303 [repealed] and under subsection (e) of this section [repealed]. (2) The board shall have authority to invest such funds as are not necessary for immediate use for payment of retirement benefits in interest-bearing securities of the State of Arkansas or certificates of the United States, or any or all of such securities. (e) [Repealed.] (f)(1) Any county employer or municipal employer participating in the Arkansas Public Employees' Retirement System that is required by law to establish a local retirement plan for any employee shall have the option at the time of employment or at any time thereafter to provide retirement benefits for the employee under the local retirement plan or to include the employee in the Arkansas Public Employees' Retirement System. However, a municipality participating in the system or a municipality electing at some future date to participate in the system may not transfer a municipal court judge or municipal court clerk from a local plan to the system without the express permission of the affected municipal court judge or municipal court clerk. (2)(A) The decision to enroll the employee in the system in lieu of a local retirement plan shall be made by the employer's governing body and the results certified to the Board of Trustees of the Arkansas Public Employees' Retirement System. The employer shall also certify that the employee has not received and will not be eligible to receive a benefit from a local retirement plan. (B) Upon enrollment in the system, the member may receive credit at his or her option for the service rendered in the position prior to enrollment, subject to the following conditions: (i) The member is a participating employee covered under the system at the time of the purchase; (ii) The member furnishes proof in a form required by the system of the service and compensation received; (iii) The member pays or causes to be paid all employee contributions at the rate and on the compensation that would have been paid had he or she been a member during that time, all employer contributions based on the employer normal cost from the most recently completed regular annual actuarial valuation and the compensation that would have been paid had he or she been a member during that time, and regular interest on the employee and employer contributions computed from the date the service was rendered to the date the payment is received by the system. The member may purchase all of the service or any portion thereof in multiples of one (1) year; and (iv) The payment shall be made in one (1) lump sum.

Ark. Code Ann. § 24-8-317 Funding for retirement benefits.

(a)(1) After the repeal of § 24-8-303 providing for the levy of court costs to fund the municipal court judge and clerk retirement fund, a municipality having provided for retirement benefits for municipal court judges and court clerks in accordance with this subchapter shall continue to provide funds for the retirement benefits in that subchapter in accordance with the funding provisions of § 16-10-308(a)-(d), as long as those provisions allow. (2) Those funds and any additional funds provided for by this section and § 24-8-318, if levied by the municipality, shall be to provide for the retirement benefits in that subchapter. (b) The funds for the municipal court judge and clerk retirement fund provided for by § 16-10-308(a)-(d) and any additional funds for municipal court judge and court clerk retirement benefits provided for by this section and § 24-8-318, if levied by the municipality, shall be paid to the city treasurer, who shall place them into an account as provided for in this subchapter.

Ark. Code Ann. § 24-8-318 Additional funding sources for retirement benefits.

(a) In addition to the funds for the municipal court judges and clerk retirement fund provided for by § 16-10-308(a)-(d), if the city council or quorum court determines by actuarial valuation that funding is inadequate to meet the financial objective of paying for current and any projected retirement funding obligations, a municipality or county may also add to retirement funding by city ordinance or county ordinance any or all of the following moneys: (1)(A) Up to five percent (5%) of all fines and forfeitures collected by the district court or by the city or county for violations of municipal ordinances, county ordinances, or state laws. (B) This five percent (5%) shall not be taken from: (i) Court costs collected; and (ii) Fines and forfeitures collected for violations of state laws that are designated by law as payable to state agencies or entities; (2) An annual contribution from the city's general fund in an amount recommended by actuarial valuation to meet its projected financial obligation; and (3) A one-time or occasional lump-sum payment from the city's general fund in an amount determined by the city's governing body, along with any payments or contributions from the county when the city and county share expenses and costs of a countywide court. (b) All ordinances passed pursuant to this section shall remain in full force and effect.

Ark. Code Ann. § 24-8-319 Benefits.

Any person participating in a retirement plan authorized under this subchapter on or after July 1, 1999, shall be entitled to a retirement benefit if that person has ten (10) or more years of actual service in a plan covered by this subchapter and is at least sixty (60) years of age. If the person does not have sufficient service to draw the full benefit provided, then a partial benefit not to exceed the full benefit shall be payable when the person has reached the age requirement specified in this subchapter. The partial benefit shall be determined by multiplying the full benefit by the following fraction: (1) The numerator shall be the number of months of actual service under the provisions of this subchapter; and (2) The denominator shall be two hundred forty (240) months.

Ark. Code Ann. § 24-8-320 Municipal Court Retirement Transition Group.

(a) Currently, the municipal judges and court clerks in Arkansas are covered under numerous and separate retirement plans run independently by each municipal government. Under Arkansas Constitution, Amendment 80, all municipal courts in existence shall be known as district courts and all judges of those courts shall become district judges effective January 1, 2005. (b) The Municipal Court Retirement Transition Group shall be established to review the transition of municipal courts to district courts and to study the impact this transition will have on those retirement benefit plans. (c) The group shall consist of: (1) Three (3) members of the Joint Committee on Public Retirement and Social Security Programs as appointed by the co-chairs of Joint Committee on Public Retirement and Social Security Programs; (2) The Executive Director of the Arkansas Public Employees' Retirement System; (3) A representative from the Board of Trustees of the Arkansas Judicial Retirement System appointed by the board; (4) The President of the Arkansas Municipal League or a designee; (5) The President of the Association of Arkansas Counties or a designee; (6) The Director of the Administrative Office of the Courts or a designee; and (7) The Director of the Department of Finance and Administration or a designee. (d) The group shall determine if any legislation is necessary and shall bring it before the Joint Committee on Public Retirement and Social Security Programs at the Eighty-fourth General Assembly.

Ark. Code Ann. § 24-8-321 Funds closed.

(a) The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004. (b) There will be no new members in these funds after December 31, 2004.

Ark. Code Ann. § 24-8-401 Board of trustees.

(a)(1) In cities in a county having a population of one hundred fifty thousand (150,000) or more, in which county there are two (2) or more municipal courts with a judge of a municipal court licensed to practice law, there is created a board of trustees which shall consist of the mayor, city clerk, city treasurer, city health officer, and municipal judges of the city. (2) In counties having a population of at least one hundred fifty thousand (150,000) and at least one (1) county municipal court, there is hereby created a board of trustees which shall consist of the county judge, county clerk, county treasurer, and the judge of the county municipal court. (b)(1) The board shall receive and administer the funds collected under the provisions of this subchapter and shall have the power to make necessary rules therefor. (2)(A) The board shall have the authority to invest such funds as are not necessary for the immediate use for payment of retirement benefits in interest-bearing securities of the State of Arkansas or certificates of the United States or any or all such securities. (B) Subject to subdivision (b)(2)(C) of this section, a city or county having municipal judges' and clerks' pension plans with assets in excess of one hundred thousand dollars ($100,000) shall have full power to invest and reinvest the moneys of the plan and to hold, purchase, sell, assign, transfer, or dispose of any of the investments so made, as well as the proceeds of the investments and moneys. Such authority shall be implemented by the mayor and the city treasurer, or the county judge and the county treasurer, respectively. (C) The investments and reinvestments shall only be made in accordance with the prudent investor rule as set forth in §§ 24-3-417 — 24-3-426 [repealed]. (D) A city or county having municipal judges' and clerks' pension plans with assets in excess of one hundred thousand dollars ($100,000) may employ an investment advisor as its agent to make investment recommendations and to invest the assets pursuant to a written investment policy, subject to the terms, conditions, limitations, and restrictions imposed by law upon investments of state retirement systems, as set forth in §§ 24-3-417 — 24-3-426 [repealed]. (E) The investment policy shall not limit the investments to interest-bearing bonds. (F) A city, mayor, or city treasurer, or county, county judge, or county treasurer, respectively, who complies with the requirements of § 24-3-425(a) [repealed] is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated. (G) By accepting the delegation of a trust function from a city or county, an agent submits to the jurisdiction of the courts of this state. (c)(1) The city treasurer or county treasurer, as the case may be, shall be the treasurer of the board and, at the direction of the board, shall deposit the funds paid into the board in some suitable depository. He or she shall draw and sign all necessary checks at the direction of the board. (2) He or she shall execute a bond in a sum fixed by the board to guarantee his or her good faith in the handling of any funds coming into his or her hands under the provisions of this subchapter. (d) The city clerk or county clerk, as the case may be, shall be the secretary of the board. (e) The board shall constitute one (1) of its members as chair, who shall serve for a period of two (2) years. (f) Meetings of the board may be called by the chair or by a majority of the members in a manner established by the board. (g)(1) The city clerk or county clerk, as the case may be, shall receive the sum of ten dollars ($10.00) for each and every meeting attended, but he or she shall not be paid more than fifty dollars ($50.00) in any one (1) year. (2) All other members shall serve without pay.

Ark. Code Ann. § 24-8-403 Benefits — Frequency of payment — Deficiencies for any judge of municipal court — Proration upon insufficiency of fund for any county municipal judge.

(a) All payments of retirement benefits under this subchapter shall be payable semimonthly. (b)(1)(A) In case the fund established by this subchapter should ever become deficient to pay retirement benefits due any person under this subchapter, the city treasurer shall verify the deficiency. (B)(i) This deficiency shall be met by payment from the general funds of the city, and proportionately from the general funds of the county if the salaries of the judges of the municipal courts in the county are paid partially by the county, in the amount as may be necessary to continue the timely payment of retirement benefits to the persons entitled thereto. (ii) Provided, however, that in the case of a county municipal court judge, the deficiency shall not be met by payment from the general funds of the county. (2) If funds thereafter accruing under this subchapter accumulate to become sufficient for the payment of benefits, then no further payment shall be made from the general funds of the city unless and until the fund provided by this subchapter should again become deficient and the deficiency is verified by the city treasurer. (c)(1) In the case of a county municipal court judge, should the fund established under this subchapter be insufficient to pay retirement benefits due any such judge, then the fund shall be prorated among those entitled by the board as may be deemed just and equitable. (2) For the purpose of determining how to prorate benefits, the proration shall be considered just and equitable if: (A) The board pays the full benefit each month to all eligible retired judges until assets in the fund are depleted for the fiscal year; or (B) The board decreases all payments to all eligible retired judges by an equal proportion for the fiscal year.

Ark. Code Ann. § 24-8-404 Entitlement to benefits generally.

Any judge of a municipal court or county municipal court, licensed to practice law, established in any county having a population of one hundred fifty thousand (150,000) or more, according to the most recent federal census, in which county there are two (2) or more municipal courts, and any clerk of such a municipal court appointed by the judges thereof shall be entitled to the benefits established by this subchapter.

Ark. Code Ann. § 24-8-405 Eligibility for benefits — Regular and disability retirement — Surviving Spouses' rights.

Ark. Code Ann. § 24-8-406 Eligibility for benefits for any judge of municipal court or county municipal court prior to 1995 — Eligibility for benefits for county municipal judge after 1995.

(a)(1) Any judge of a municipal court or county municipal court prior to January 1, 1995, to which this subchapter applies who shall attain age fifty (50) and who shall have served at least sixteen (16) years in office as municipal judge, or at least sixteen (16) years combined service as municipal judge and deputy prosecuting attorney, shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office. (3) Any county municipal judge who retires under this subchapter effective before January 1, 1995, shall be entitled to continue to participate in and be covered by the county health insurance program. (b)(1) On and after January 1, 1995, any judge of a county municipal court to which this subchapter applies who shall attain age sixty-five (65) and who shall have served at least ten (10) years in office as municipal judge, or who shall have served at least twenty (20) years in office as municipal judge, whatever his or her age, shall be eligible to receive retirement benefits provided by this subchapter. (2) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.

Ark. Code Ann. § 24-8-407 Eligibility for benefits — Twenty years of service.

(a) Any judge of a municipal court to which this subchapter applies who shall have served at least twenty (20) years in office as municipal judge, irrespective of age, shall be eligible to receive retirement benefits provided by this subchapter. (b) If the judge resigns, retires from office, or is succeeded in office by another judge, then he or she shall receive retirement pay for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of his or her resignation, retirement, or succession in office.

Ark. Code Ann. § 24-8-408 Eligibility for benefits — Clerks.

(a)(1) Any clerk of a municipal court to which this subchapter applies, appointed by the judge or judges of the court, shall be eligible to receive retirement benefits provided by this subchapter who: (A) Attains age sixty (60) and has served in office as clerk for at least ten (10) years; (B) Attains age sixty-five (65) and has served in office for at least eight (8) years; or (C) Has served in office for at least twenty (20) years, irrespective of age. (2) If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement pay for and during the remainder of the person’s natural life in an amount equal to one-half (½) of the salary payable to the clerk at the time of resignation, retirement, or succession in office. (3) The governing body of the municipality or the county may by ordinance provide that after the death of the clerk, the surviving spouse of a qualifying court clerk can continue to receive the retirement benefits under this subchapter until the surviving spouse dies or remarries. (b)(1) Any clerk of a municipal court who is covered by the provisions of this subchapter and who has seven (7) or more years of service in any position in the office of the county sheriff shall be entitled to have the service in the office of the county sheriff credited as municipal court clerk service. (2) The service so converted shall be treated the same as if it were service as clerk of a municipal court in the county for purposes of determining eligibility for retirement under the provisions of this subchapter.

Ark. Code Ann. § 24-8-409 Clerks' benefits — Actuarial valuations — Transfer of funds.

(a) The city treasurer shall cause an actuarial valuation to be made of the additional liabilities created by § 24-8-408. In the event the actuary determines that the employee and employer contributions are actuarially insufficient to pay the benefits to retired municipal officers as provided by § 24-8-408, the city treasurer shall establish accounts and records to identify the estimated contributions and other income available to actuarially fund the members' benefits when they mature and the extent that the city's member liabilities will exceed the amount of employee and employer contributions and interest thereon. (b)(1) The city treasurer shall then calculate with the assistance of the actuary the amount of funds required annually to actuarially fund the additional unfunded liabilities created by § 24-8-408. He or she shall annually certify to the Chief Fiscal Officer of the State the amount required for the year to establish sufficient funds and reserves to meet the actuarial requirements of the additional benefits. (2) The certificate of the Chief Fiscal Officer of the State shall reflect the amount of the annual extra payment to be charged against the municipality, based on the unfunded liabilities with respect to its official and employee members. (c)(1) The Chief Fiscal Officer of the State shall cause the amount so certified to be transferred from the Municipal Aid Fund, from general revenues allocated to that fund for turnback to cities, to the municipality for credit to the municipal court clerks' retirement fund. (2) From the general revenues allocated thereto for turnback to municipalities, the Chief Fiscal Officer of the State shall deduct from the Municipal Aid Fund turnback to be received by the city an amount as computed pursuant to this section required to pay retirement benefits for its elected municipal clerk. (3) The moneys to be transferred from the Municipal Aid Fund shall not be charged against the total of the Municipal Aid Fund moneys available for distribution to cities, since it is the intent of this section that each city shall pay annually, from its municipal aid general revenues turnback, the amount of money required to meet the unfunded liability deficit in behalf of its city employee members.

Ark. Code Ann. § 24-8-410 Benefits.

Ark. Code Ann. § 24-8-411 Funds closed.

(a) The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004. (b) There will be no new members in these funds after December 31, 2004.

Ark. Code Ann. § 24-8-501 Municipal or police judges.

(a)(1) Any person who has held office as municipal judge or police judge for a period of thirty (30) years or more shall receive during the remainder of his or her life, as a pension, one-half (½) of the salary payable to the municipal judge of the court he or she served upon his or her retirement from office. (2) The pension shall be payable in the same manner as the salary of the municipal judge is paid. (b)(1) Any person who has held the office of municipal judge and, upon retirement, has accumulated not less than twenty (20) years or more of service as municipal judge or police judge shall, upon reaching sixty (60) years of age, receive, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to his or her retirement from office. (2) The amount shall be one-half (½) of the salary which was payable to the municipal judge of the court on July 1, 1973, but in no event shall that person receive less than one-half (½) of the annual salary which was paid to him or her at the time of his or her retirement or at the time that he or she was succeeded by another judge. (3) The pension shall be payable in the same manner as the salary of the municipal judge is paid. (4) Any municipal judge who is entitled to a pension under any previous act shall be entitled to receive his or her pension benefits under this section. (c)(1) Any person who has served four (4) or more years as a member of the General Assembly and has held the office of municipal judge and, upon retirement, has accumulated not less than twelve (12) years of service as municipal judge shall receive, upon reaching sixty (60) years of age, as a pension for the remainder of his or her life, an amount which shall be based on the salary payable to the judge of the municipal court on which he or she served prior to retirement from office. (2) The amount shall be three-tenths (3/10) of the salary of the present municipal judge, but in no event shall that person receive less than three-tenths (3/10) of the salary which was paid to him or her at the time of his or her retirement or at the time he or she was succeeded by another judge. (3) The pension shall be paid in the same manner as provided in this section for judges having twenty (20) years or more of service.

Ark. Code Ann. § 24-8-504 Clerks of city court.

(a) Any clerk of a city court established in any county, appointed by the judges thereof, may be entitled to the benefits prescribed in this section for such clerks. (b)(1) Any clerk of a city court to which this section applies, appointed by the judges of the court, who shall attain age sixty (60) and who shall have served in office as clerk for at least ten (10) years, or who shall have served in office for at least twenty (20) years, irrespective of age, may be eligible to receive retirement benefits provided by this section. (2) If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement benefits for and during the remainder of his or her natural life in an amount equal to one-half (½) of the salary payable to him or her at the time of resignation, retirement, or succession in office. (c) Upon the approval of the governing body of the city and following a determination of the actuarial soundness of the fund from which the benefits shall be paid, any court clerk of a city court who upon reaching age sixty-eight (68) will have served for a minimum of seven (7) years immediately prior to severance from employment may retire with a reduced benefit in an amount equal to seven-tenths (7/10) of the benefit payable under this section. (d) The city council or board of directors of each city of the second class may elect by ordinance to establish the retirement system for city court clerks authorized by this section.

Ark. Code Ann. § 24-8-505 Benefits.

Ark. Code Ann. § 24-8-506 Funds closed.

(a) The municipal judge and clerk retirement funds defined in this subchapter are closed effective December 31, 2004. (b) There will be no new members in these funds after December 31, 2004.

Ark. Code Ann. § 24-8-701 Legislative history, findings, and intent.

(a) It is found and determined by the General Assembly that the creation of the Tier Two Actual Judicial Service Benefit Plan is part of a history of judicial retirement legislation that has sought to develop a more equitable retirement system for judges and thereby remove the need for judges to be involved in the political process through lobbying for retirement benefits and privileges. (b)(1) At one time member contributions were not sufficient to fund the system and therefore it was necessary for the Chief Justice of the Supreme Court and other members of the judicial system to ask the General Assembly for funds to pay benefits for retired judges and justices. In 1983 the need for members of the judiciary to be involved in the political process was reduced by the establishment of an actuarial funding method and by transfer of the administration of the Arkansas Judicial Retirement System to the Arkansas Public Employees' Retirement System. (2) Initially the Arkansas Judicial Retirement System allowed a judge with fifteen (15) years of elective service to retire upon reaching age sixty-five (65). However, this system was awkward and some judges with many years of service did not qualify for benefits because the system did not provide for graduated benefits. Because of this “all or nothing” plan, the law has been amended a number of times to help judges qualify for benefits through use of credited service. (3) The use of credited service substantially changed the Arkansas Judicial Retirement System. The system was changed to allow an active member with ten (10) years of credited service to retire upon reaching age sixty-five (65) and to allow other members with twenty (20) years of credited service to retire regardless of age, or a member with fourteen (14) years of service to retire upon reaching age sixty-five (65). At the time of the passage of this act, the average retirement benefit paid by the Arkansas Judicial Retirement System was based on approximately twelve (12) years of actual service. (4) The reasons for including credited service are not as strong as they once were because reciprocity exists among state-supported retirement systems. A judge with military service and who is employed or becomes employed in a position covered by another state-supported retirement system may obtain credited service in the other system for that military service. (5) In 1997 legislation was adopted to authorize the establishment of a judicial deferred retirement option plan. The legislation was enacted in response to the average retirement benefit paid by the Arkansas Judicial Retirement System being based on only twelve (12) years of actual service. The legislature sought to encourage longer actual service by judges and justices. (6) For two (2) years the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council discussed ways to establish a fair retirement system and to eliminate the need for members of the judicial system to be involved in the political process in order to obtain equitable treatment. It was agreed that the Arkansas Judicial Retirement System had good benefits but that other aspects of the system needed revision. After discussion and negotiation between the Joint Committee on Public Retirement and Social Security Programs and the Arkansas Judicial Council it was agreed that the authorization for a judicial deferred retirement option plan should be repealed and that a new system judicial retirement plan should be established that would be based on actual service and which would provide graduated benefits for judges and justices. (c) It is found and determined by the General Assembly that the legislative history of the development of the Tier Two Actual Judicial Service Benefit Plan demonstrates that the purpose of this subchapter is to provide a fair retirement plan based on actual service and to provide for graduated benefits for retired judges and justices. Therefore, any future attempt to add credited service into this plan would run contrary to the legislative history of this act and the agreements that resulted in the adoption of this plan, and would constitute a major breach of a negotiated change in judicial retirement that balanced the removal of credited service provisions with provisions to allow judges and justices to have graduated benefits and earlier benefit rights.

Ark. Code Ann. § 24-8-702 Definitions.

As used in this subchapter: (1) “Board” means the Board of Trustees of the Arkansas Judicial Retirement System; (2) “Consumer price index” means the Consumer Price Index for all Urban Consumers, as determined by the United States Department of Labor, in effect on January 1, 1999, except that if the consumer price index is subsequently reconstructed in a manner materially changing its character, the board, after receiving the advice of the actuary, shall change the application of the consumer price index so that, as far as practicable, the intent of the use of the consumer price index shall be continued; (3) “Executive director” means the Executive Director of the Arkansas Public Employees' Retirement System; and (4) “System” means the Arkansas Judicial Retirement System.

Ark. Code Ann. § 24-8-703 Creation of Tier Two Actual Judicial Service Benefit Plan.

A Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System is established pursuant to this subchapter.

Ark. Code Ann. § 24-8-704 Membership generally.

(a) Whether elected or appointed to office, all chancery, circuit, and circuit-chancery judges, judges of the Court of Appeals, and justices of the Supreme Court shall participate in the Arkansas Judicial Retirement System. (b) A person who becomes a member of the system on or after July 30, 1999, shall participate in the Tier Two Actual Judicial Service Benefit Plan for the system. (c) Any active member who was a member of the system before July 30, 1999, shall have until the end of the term of office in which the member is serving on July 30, 1999, to elect coverage under the benefit provisions of this subchapter. A former member who was an active member on December 31, 1998, shall have until July 31, 1999, or ninety (90) days after July 30, 1999, whichever is later, to elect coverage under the benefit provisions of the subchapter. The election shall be made as directed by the Board of Trustees of the Arkansas Judicial Retirement System and shall be irrevocable.

Ark. Code Ann. § 24-8-705 Members electing coverage.

(a) A member electing coverage under this subchapter shall be entitled to: (1) A refund to the member for any credited service purchased under the Arkansas Judicial Retirement System together with six percent (6%) interest compounded annually from the date of payment; (2) Restoration of service to another state-supported retirement system of any credited service that had been transferred to the Arkansas Judicial Retirement System upon refunding to that system any sums transferred by that system along with six percent (6%) interest compounded annually from the date of the transfer; or (3) Substitute purchased service for actual service for which no member contribution was made, as provided under subsection (b) of this section. (b)(1) A member or former member who elects coverage under this subchapter and who has accrued additional actual service prior to the date of transfer but after the date member contributions ceased shall pay to the Arkansas Judicial Retirement System on the effective date of transfer the contributions that would have been paid on the additional actual service at the rate of five percent (5%) of the pay received along with six percent (6%) interest computed annually from the date the contributions would have been paid to the effective date of transfer. However, in no instance, shall the member be required to pay contributions on active service that would exceed the amount required in § 24-8-708. (2)(A) If the member or former member has actual service for which no member contributions were made, then purchased service may be used to reduce the period of actual service for which payments are due under subdivision (b)(1) of this section. The purchased service may be subtracted from the period of actual service for which contributions were not made and the member or former member shall make payments only on the remaining period. However, purchased service shall not be substituted for contributions required for actual service occurring after the first twenty (20) years of actual service. (B) Purchased service substituted for actual service under subsection (b) of this section shall be the most expensive service purchased by the member. (C) If the member or former member has credited service remaining after making the substitution allowed under this subsection, the remaining credited service may be refunded under subdivision (a)(1) of this section or restored to another state system under subdivision (a)(2) of this section. (D) Any purchased service substituted under subsection (b) of this section may not be used as credited service in another state-supported system.

Ark. Code Ann. § 24-8-706 Contributions — Members — Refund.

(a)(1) The contribution of each member of the Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System shall be five percent (5%) of each member's annual salary. (2)(A) A judge or justice who forfeits his or her rights to retirement benefits under § 24-8-710(b) is not required to continue to pay contributions to the system. (B) In the event a judge or justice forfeits his or her rights to retirement benefits under § 24-8-215(c), the judge or justice is entitled to receiving the principal of the balance of his or her contributions to the system. (C) A judge or justice who forfeited his or her rights to retirement benefits under § 24-8-215(c) is not entitled to any interest accumulated from his or her contributions to the system. (b) If a judge or justice ceases to be a member prior to qualifying for retirement benefits, he or she shall be entitled to a refund of all contributions paid by him or her into the system. If a judge or justice who has received a refund returns to covered employment under the Arkansas Judicial Retirement System or a reciprocal system as defined in § 24-2-401(3), the person shall be eligible in accordance with methods and procedures established by the Board of Trustees of the Arkansas Judicial Retirement System to repay the refund and restore the service forfeited when the refund was received. (c) For purposes of deferring federal and state income tax and pursuant to the provisions of 26 U.S.C. 414(h)(2), as adopted by § 26-51-414, the state shall pick up the members' contributions to the Judicial Retirement Fund under the Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System. Member contributions picked up by the state shall be paid from the same source of funds used for the payment of salary to a member. A deduction shall be made from each member's salary, equal to the amount of the member's contribution picked up by the employer. For all other purposes, member contributions picked up by the state shall be considered member contributions.

Ark. Code Ann. § 24-8-707 Contributions — State.

(a) The state, as employer, shall make contributions to the Arkansas Judicial Retirement System of twelve percent (12%) of the active member payroll. (b) The Chief Fiscal Officer of the State is authorized and directed to make annual transfers each July 1 to the Judges Retirement Fund from the Constitutional Officers Fund and the State Central Services Fund in an amount determined by computing the dollar amount required based on the actuarially determined employer rate in the most recent annual actuarial valuation and subtracting from that amount the statutory contribution amount specified in subsection (a) of this section, and further, reduced by the amount of the court cost revenue transferred to the Judges Retirement Fund from the State Administration of Justice Fund in accordance with § 16-10-310.

Ark. Code Ann. § 24-8-708 Contributions — Cessation upon maximum benefit eligibility.

When a judge or justice has sufficient service to receive the maximum benefit under § 24-8-713(a) , no further contribution shall be required.

Ark. Code Ann. § 24-8-709 Actual service requirement.

Benefits and eligibility for benefits under this subchapter shall be based on actual service in the Arkansas Judicial Retirement System. Laws allowing the purchase of credited service or providing free credited service shall not apply to this subchapter. However, the provisions of § 24-2-401 et seq. may be used to meet the service requirements of this subchapter.

Ark. Code Ann. § 24-8-710 Eligibility for benefits — Retirement generally.

(a) Any member who has a minimum of twenty (20) years of actual service may retire regardless of age, and any judge or justice who has served at least eight (8) years shall be eligible for benefits upon reaching age sixty-five (65). (b)(1) Any judge or justice who becomes seventy (70) years of age during a term of office to which he or she has been elected may complete the term without forfeiting his or her rights to retirement benefits under this section. (2)(A) Any judge or justice who is not eligible to retire at age seventy (70) may continue to serve as judge or justice until the completion of the term of office in which he or she has sufficient service to retire without losing his or her retirement benefits. (B) The judge or justice shall lose all retirement benefits if he or she serves beyond the end of the term needed to get sufficient service to retire. (3)(A) Otherwise, judges or justices must retire by their seventieth birthday or lose their retirement benefits. (B) However, any active judge or justice who was serving prior to July 1, 1965, may continue to serve until any age and upon retirement shall be eligible to receive retirement benefits.

Ark. Code Ann. § 24-8-711 Eligibility for benefits — Early retirement.

(a) Any member of the Tier Two Actual Judicial Service Benefit Plan for the Arkansas Judicial Retirement System who has eight (8) years or more of actual service in the system may elect to retire and receive retirement benefits at any time after reaching age sixty-two (62) and before reaching age sixty-five (65). (b) The retirement benefits of a member electing to retire before age sixty-five (65) with less than twenty (20) years of actual service shall be reduced six percent (6%) for each full year and proportionately for any part of a year that the judge or justice retires before reaching age sixty-five (65).

Ark. Code Ann. § 24-8-712 Eligibility for benefits — Disability retirement.

(a) Any member under the Tier Two Actual Judicial Service Benefit Plan of the Arkansas Judicial Retirement System who has served a minimum of three (3) consecutive years as a member of the system shall receive retirement benefits if any incapacitating disability as determined by the Board of Trustees of the Arkansas Judicial Retirement System shall occur during any term for which the judge or justice has been elected. (b)(1) A judgment of disability should not be granted by the board until it is reasonably assured of a judge's or justice's permanent physical or mental incapacity to perform the duties of his or her judicial office. (2) The board should act only upon proper certification of incapacity by two (2) or more physicians.

Ark. Code Ann. § 24-8-713 Retirement and survivors' benefits generally.

(a) The retirement benefits to be paid an eligible and qualified member or retiree under the provisions of this section shall be an amount equal to three and two-tenths percent (3.2%) of annual salary payable to the last judicial office held multiplied by the number of years of actual service under the Arkansas Judicial Retirement System but not to exceed an amount equal to eighty percent (80%) of salary. The retirement benefits shall be payable for the recipient's life. (b)(1) Survivors' benefits shall be sixty-seven percent (67%) of the amount of the retirement benefits. (2) Upon the death of an active judge or justice who has served at least three (3) years, his or her survivors shall receive a sum equal to sixty-seven percent (67%) of the retirement benefits provided in subsection (a) of this section. (3) Survivors' benefits shall be payable as follows: (A) If the decedent is survived by a spouse to whom he or she has been married for not less than one (1) year and with whom he or she is living at the time of his or her death, and if the decedent is not survived by any minor child or children, then the spouse shall draw for life or until remarriage a sum equal to sixty-seven percent (67%) of the benefits provided in subsection (a) of this section; (B)(i) If the decedent is survived by both an eligible spouse and minor children, then one-half (½) of the survivors' benefits shall be paid to the spouse for life or until remarriage. The other one-half (½) of the survivors' benefits shall be paid to the guardian of the minor children during the period of minority. (ii) When all of the children cease to be minors, then the survivors' benefits paid to the minor children shall be paid to the spouse; and (C) If the decedent is not survived by an eligible spouse but is survived by minor children, then the survivors' benefits, i.e., sixty-seven percent (67%) of the benefits provided in subsection (a) of this section, shall be payable to the guardian of the minor children during the period of minority. (4) If a surviving spouse who is receiving survivors' benefits under this section remarries and the benefits are discontinued and the surviving spouse again becomes unmarried, benefits provided in this section for the spouse shall be resumed. (5) No surviving spouse shall be eligible to receive survivors' benefits on more than one (1) member account. (c) The retirement benefits and survivors' benefits provided for in this section shall be based on the salary for the judicial office last held by the member qualifying for retirement as fixed by law at the time of the member's retirement. (d)(1) Entitlement to retirement compensation and survivors' benefits shall be evidenced by the certificate of the Board of Trustees of the Arkansas Judicial Retirement System transmitted to the executive director. (2) All retirement compensation and survivors' benefits shall be paid monthly from the Judges Retirement Fund. (3) All retirement and survivors' benefits provided by this subchapter shall be paid from the Judges Retirement Fund to be administered by the executive director and staff of the Arkansas Public Employees' Retirement System.

Ark. Code Ann. § 24-8-714 Restrictions on benefits.

(a) The sections of this subchapter are to be complementary, except that no person may take benefits under two (2) or more sections of this subchapter at the same time. (b) Retirement and survivors' benefits shall be measured by the salary payable for the position last held by the retired or deceased judge or justice at the time of retirement.

Ark. Code Ann. § 24-8-716 Effect on other laws.

The provisions of this subchapter shall be accumulative to all present laws pertaining to the retirement of judges of the circuit, chancery, and circuit-chancery courts and of justices of the Supreme Court and shall in no way repeal, amend, or modify such laws except as otherwise specifically provided in this subchapter.

Ark. Code Ann. § 24-8-717 Redetermination of benefits.

Notwithstanding § 24-8-715 [repealed], each July 1 the Arkansas Judicial Retirement System shall redetermine the amount of each monthly benefit which has been paid by the system under the Tier Two Actual Judicial Service Benefit Plan for at least twelve (12) full calendar months. The redetermined amount shall be payable for the following twelve (12) calendar months. The redetermined amount shall be the amount of the benefit payable as of the immediately preceding July 1 increased by three percent (3%).

Ark. Code Ann. § 24-8-718 Payment of benefits — Survivors — Definition.

(a) The effective date of monthly benefits payable to a survivor of a deceased member or a survivor of a deceased retiree under the Tier Two Actual Judicial Service Benefit Plan is the first day of the calendar month next following the month in which the member died, regardless of when the survivor submits an application for the payment of the benefits.

Ark. Code Ann. § 24-8-901 Definition.

As used in this subchapter, “municipal judge's retirement fund” means a local municipal judge and clerk retirement fund established by a local government under § 24-8-301 et seq., § 24-8-401 et seq., or § 24-8-501 et seq.

Ark. Code Ann. § 24-8-902 Additional funding for district court clerks.

(a) A local government that has established a municipal judge's retirement fund shall contribute an amount of money to the Arkansas Public Employees' Retirement System that shall represent the actuarially determined accrued liability for those court clerks and former court clerks who are covered by the municipal judge's retirement fund on December 31, 2004. (b) The assets of the municipal judge's retirement fund equal to the benefit obligations for the court clerks under subsection (a) of this section shall be paid to the system on January 1, 2005. (c)(1) If the municipal judge's retirement fund does not have sufficient funds available to pay the benefit obligations for the court clerks under subsection (a) of this section to the system, then the remaining amount of actuarially determined accrued liability shall be paid on or before December 31 each year for up to the next thirty (30) years based on a thirty-year amortization period. (2) If the amount in the municipal judge's retirement fund is greater than the actuarially determined amount of the liabilities to be transferred to the system, that excess may be retained by the local government for the sole purpose of paying for the retirement benefits of district court clerks. (d)(1) The accrued benefit used to determine the accrued liability under this section shall be determined by: (A) Calculating the benefit that the court clerk would be eligible to receive on December 31, 2004, as provided by law before January 1, 2005, if the court clerk was eligible to begin receiving benefits on January 1, 2005; and (B) Multiplying the amount in subdivision (d)(1)(A) of this section by the number of years of eligible service and then dividing by the greater of: (i) The number of years of service needed to be eligible to retire; or (ii) The current years of eligible service. (2) The service years are to be determined under the law before January 1, 2005.

Ark. Code Ann. § 24-8-903 Retirement membership of district court clerks.

(a) All municipal court clerks and district court clerks who are members of a municipal judge's retirement fund on December 31, 2004, shall become members of the Arkansas Public Employees' Retirement System on January 1, 2005. (b) If the local government employing the district court clerk on December 31, 2004, is not a participating employer under the system, then the local government shall become a participating employer under the system for the district court clerk beginning on January 1, 2005.

Ark. Code Ann. § 24-8-904 Reciprocal system.

(a) Court clerks placed in the Arkansas Public Employees' Retirement System under this subchapter shall be covered by the reciprocal provisions of §§ 24-2-401 — 24-2-404. (b) There is no reciprocal service between the local municipal judge retirement systems and the reciprocal systems listed in § 24-2-401(3) before January 1, 2005. (c) In establishing eligibility for a benefit from each system, the credited service under all reciprocal systems is totaled, and the credited service is used in determining eligibility for each system benefit. (d)(1) Only the credited service under that system and the benefit formula of that system are used in determining the amount of a benefit from each system. (2) This subchapter is not intended to decrease the benefits earned nor increase the eligibility requirements for members who were participants in a local plan, as authorized by law, prior to January 1, 2005. (3) The benefits earned and those eligibility requirements shall transfer to the Arkansas Public Employees' Retirement System. (e) If a system provides a benefit amount that is not dependent on length of credited service, the benefit amount shall be reduced to the proportion that system-credited service bears to total reciprocal system-credited service.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.24.htmlFetched: 11/8/2026