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21-5-412. Eligibility of certain elected officials.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-412. Eligibility of certain elected officials.
(a) Members of the General Assembly and the state-elected constitutional officers who have served a sufficient number of years of credited service to be eligible for retirement benefits upon attainment of retirement age, but who have not yet reached retirement age, shall be eligible to continue to participate in the State and Public School Life and Health Insurance Program upon leaving elective service.
(b)(1) A person who is leaving the General Assembly or any state-elected constitutional office who wishes to participate in the program shall be offered continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272.
(2)(A) An elected official with ten (10) or more years of creditable service under the terms of a retirement plan listed under § 21-5-411(a)(1)(A) shall qualify for continuation of participation in the program if the elected official is separated from employment because of the expiration of a fixed period of employment.
(B)(i) An elected official qualifying for continuation of participation in the program under this subsection shall be considered an eligible inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue program participation by notifying the Employee Benefits Division in writing on forms required by the division.
(ii) The eligible inactive retiree shall pay the full amount of the insurance premium.
(C)(i) Except as provided in subdivision (b)(2)(C)(ii) of this section, an eligible inactive retiree's failure to elect to participate in the program during the thirty-one-day election period or an eligible inactive retiree's election to decline participation in the program is final.
(ii)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-412
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:21-5-412
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5b11ad7ead153e2adb40e8afcbda99883575e22ab37ed2d01b292a53be3b608e
Source location: content.xml paragraph 3929
Stored source content
21-5-412. Eligibility of certain elected officials.
(a) Members of the General Assembly and the state-elected constitutional officers who have served a sufficient number of years of credited service to be eligible for retirement benefits upon attainment of retirement age, but who have not yet reached retirement age, shall be eligible to continue to participate in the State and Public School Life and Health Insurance Program upon leaving elective service.
(b)(1) A person who is leaving the General Assembly or any state-elected constitutional office who wishes to participate in the program shall be offered continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272.
(2)(A) An elected official with ten (10) or more years of creditable service under the terms of a retirement plan listed under § 21-5-411(a)(1)(A) shall qualify for continuation of participation in the program if the elected official is separated from employment because of the expiration of a fixed period of employment.
(B)(i) An elected official qualifying for continuation of participation in the program under this subsection shall be considered an eligible inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue program participation by notifying the Employee Benefits Division in writing on forms required by the division.
(ii) The eligible inactive retiree shall pay the full amount of the insurance premium.
(C)(i) Except as provided in subdivision (b)(2)(C)(ii) of this section, an eligible inactive retiree's failure to elect to participate in the program during the thirty-one-day election period or an eligible inactive retiree's election to decline participation in the program is final.
(ii) An eligible inactive retiree who declined to participate in the program and any dependents of the eligible inactive retiree shall qualify for participation in the program upon payment of the appropriate premium as established by the State and Public School Life and Health Insurance Board, provided the eligible inactive retiree applies for program participation within thirty-one (31) days of the loss of eligibility if:
(a) The eligible inactive retiree who declined to participate in the program specifies in writing that the reason for the declination is that the eligible inactive retiree had coverage through another group health plan;
(b) The eligible inactive retiree's coverage was subsequently terminated because of a loss of eligibility; and
(c) The eligible inactive retiree provides information from the former insurance company confirming the loss of coverage.
(D)(i) An eligible inactive retiree shall be charged the premium under the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272, as determined by the board to be actuarially sound with administrative fees deemed appropriate.
(ii) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under § 21-5-411(a)(1)(A) and shall be charged the premium rate appropriate for his or her rating category as an active retiree.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-411. Eligibility of certain retired employees — Definition.
(a)(1) If qualified, state employee retirees and public school employee retirees may continue coverage and participate in the State and Public School Life and Health Insurance Program if the state employee retirees or public school employee retirees are:
(A) Participating members of:
(i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard;
(ii) The Arkansas Teacher Retirement System;
(iii) The Arkansas State Highway Employees' Retirement System;
(iv) The Arkansas Judicial Retirement System; or
(v) An alternate retirement plan of a qualifying institution under § 24-7-801; and
(B) Retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section.
(2)(A)(i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, the active retiree may elect to enroll in the program.
(ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division.
(B)(i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered on the last day of the retiree's employment.
(ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered und
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-411
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-5-411. This identifies an authority to review, not proof of applicability.