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24-1-305. Notice to beneficiary.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-1-305. Notice to beneficiary.
(a)(1) The executive director or executive secretary of the applicable retirement system or his or her designee shall notify a beneficiary when benefits shall not be paid as provided under § 24-1-302.
(2) The notice provided under subdivision (a)(1) of this section shall advise the beneficiary of:
(A) The specific facts supporting the retirement system's nonpayment of benefits; and
(B) His or her right to request a waiver of the forfeiture before the board of trustees of the retirement system.
(b)(1) A beneficiary shall request a waiver of the forfeiture by the board of trustees of the retirement system within thirty (30) days of receiving the notice required under subsection (a) of this section.
(2) A waiver request made under subdivision (b)(1) of this section shall be submitted to the board of trustees of the retirement system in the manner specified by the applicable retirement system.
(c) Upon receiving a waiver request submitted under subdivision (b)(1) of this section, the board of trustees of the retirement system shall set and notify the beneficiary of the waiver hearing date.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-1-305
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:24-1-305
Source file: gov.ar.code.title.24.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cf79840adeabdb31a713f2900130f631399554fcb88f60abbb72dfd9109ec126
Source location: content.xml paragraph 329
Stored source content
24-1-305. Notice to beneficiary.
(a)(1) The executive director or executive secretary of the applicable retirement system or his or her designee shall notify a beneficiary when benefits shall not be paid as provided under § 24-1-302.
(2) The notice provided under subdivision (a)(1) of this section shall advise the beneficiary of:
(A) The specific facts supporting the retirement system's nonpayment of benefits; and
(B) His or her right to request a waiver of the forfeiture before the board of trustees of the retirement system.
(b)(1) A beneficiary shall request a waiver of the forfeiture by the board of trustees of the retirement system within thirty (30) days of receiving the notice required under subsection (a) of this section.
(2) A waiver request made under subdivision (b)(1) of this section shall be submitted to the board of trustees of the retirement system in the manner specified by the applicable retirement system.
(c) Upon receiving a waiver request submitted under subdivision (b)(1) of this section, the board of trustees of the retirement system shall set and notify the beneficiary of the waiver hearing date.
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Arkansas Code — all titles (historical 2020) · legal_authorities
24-1-302. Forfeiture of benefits.
(a)(1) A beneficiary forfeits his or her right to benefit payments under a retirement system if he or she:
(A) Is convicted by a court of competent jurisdiction of the unlawful killing of the member or retirant;
(B) Pleads guilty or nolo contendere to the unlawful killing of the member or retirant;
(C) Is found liable by a court of competent jurisdiction for the unlawful killing of the member or retirant by a preponderance of the evidence in a civil action;
(D) Is acquitted by a court of competent jurisdiction for the unlawful killing of the member or retirant by reason of insanity, mental defect or disease, or any other mental incapacity; or
(E) Is found by a court of competent jurisdiction to lack the capacity to understand or effectively assist in defending a criminal proceeding against him or her for the unlawful killing of the member or retirant.
(2) If a retirement system finds that a beneficiary has forfeited his or her right to benefit payments from the retirement system under subdivision (a)(1) of this section, the retirement system shall treat the beneficiary as if he or she is deceased and shall not make benefit payments to the beneficiary.
(b)(1) If a beneficiary appeals his or her conviction for an offense described under subdivision (a)(1) of this section, benefit payments shall not be paid to the beneficiary unless the appeal results in a reversal of the conviction.
(2)(A) If the conviction of a beneficiary for an offense described under subdivision (a)(1) of this section is reversed, the retirement system may make benefit payments to the beneficiary.
(B) If the conviction of a beneficiary for an offense described under subdivision (a)(1) of this section is affirmed, the retirement system shall not mak
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-1-302
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 24-1-302. This identifies an authority to review, not proof of applicability.