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24-10-607. Disability retirement — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-10-607. Disability retirement — Definition.
(a)(1)(A)(i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member.
(ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement.
(iii)(a) As used in subdivision (a)(1)(A)(i) of this section, “disease” includes without limitation cancer that a member or volunteer member is diagnosed with while he or she is in the line of duty.
(b) A finding that a member or volunteer member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.
(iv) As used in subdivision (a)(1)(A)(iii) of this section, “cancer” means:
(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;
(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or
(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty.
(B) The employee shall be retired only if, afte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-10-607
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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Stable record: arkansas_code:legal_authorities:24-10-607
Source file: gov.ar.code.title.24.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53523c1fa85c11211d0d8f1f5b3d02e35e347f3fa5c59b629d74792910b6b8aa
Source location: content.xml paragraph 10590
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24-10-607. Disability retirement — Definition.
(a)(1)(A)(i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member.
(ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement.
(iii)(a) As used in subdivision (a)(1)(A)(i) of this section, “disease” includes without limitation cancer that a member or volunteer member is diagnosed with while he or she is in the line of duty.
(b) A finding that a member or volunteer member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.
(iv) As used in subdivision (a)(1)(A)(iii) of this section, “cancer” means:
(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;
(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or
(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty.
(B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the member or former member should be retired.
(2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership.
(3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board.
(b)(1)(A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602.
(B)(i) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D).
(ii) Disability benefits awarded to members before July 16, 2003, shall be adjusted to include workers' compensation benefits in calculating final average pay upon application to the system by the affected member.
(iii) An adjustment shall not be made in monthly benefits paid before January 1, 2003.
(2) The member shall have the right to elect an option provided for in § 24-10-603.
(3) The member's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610.
(c)(1)(A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member.
(B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the member or former member should be retired.
(2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership.
(3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board.
(d)(1)(A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602.
(B) However, for the sole purpose of computing the amount of the annuity for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service.
(2)(A) Upon disability retirement as provided in subsection (c) of this section for members in paid service, a member shall receive an annuity provided for in § 24-10-602.
(B) However, for determining the amount of the annuity, the retirant's annuity amount shall either be equal to sixty-five percent (65%) of the final average salary of the member or shall be equal to the annuity paid to retirants for each year of paid service resulting from employment as provided for in § 24-10-602, whichever is greater.
(3) The retirant shall have the right to elect an option provided for in § 24-10-603.
(4) The retirant's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610.
(e)(1) At least one (1) time each year during the first five (5) years following a member's retirement on account of disability and at least one (1) time in each three-year period thereafter, the board may require any disability retirant who has not attained age fifty-five (55) to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board.
(2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal.
(3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board.
(4) If, upon the medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate.
(5) If the former disability retirant does not immediately again become an employee, then, for the purpose of determining his or her eligibility for any other system benefit, he or she shall be considered to have terminated active membership as of the time of disability retirement, but for a reason other than disability or death.
(6)(A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit.
(B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity.
(C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived.
(f)(1) Beginning July 1, 2003, subdivision (d)(2) of this section shall apply retroactively to allow members of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, to receive the greater benefit of sixty-five percent (65%) of the final average salary of the member or an amount equal to the annuity paid to retirants for each year of paid service resulting from employment.
(2) However, the system shall not be responsible for making benefit payments retroactive to the effective date of the disability.
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Arkansas Code — all titles (historical 2020) · legal_authorities
24-10-102. Definitions.
As used in this chapter:
(1)(A) “Accumulated contributions” means the total of all amounts contributed by a member and standing to his or her credit in his or her individual account in the Arkansas Local Police and Fire Retirement System, together with regular interest thereon.
(B) Beginning July 1, 2009, accumulated contributions shall be separated into after-tax contributions and picked-up contributions under § 24-10-404(f);
(2) “Active member” means any member who renders actual service in a position covered by the system;
(3)(A) “Actual service” means service rendered in a position covered by the system.
(B) “Actual service” does not mean purchased service, service under § 24-10-508, or reciprocal service;
(4) “Actuarial equivalent” means a benefit of equal reserve value, when “reserve” means the present value of all payments to be made on account of any benefit based upon such reasonable rates of interest and tables of experience as the system shall adopt from time to time;
(5)(A) “Actuary” means a qualified actuary with experience in retirement plan financing.
(B) Membership in the American Academy of Actuaries shall be sufficient for a person to be deemed a qualified actuary;
(6) “Age” means age on last birthday;
(7) “Annuity” means a monthly amount payable throughout the life of a person or for a temporary period;
(8) “Beneficiary” means any person who is receiving or designated by a member to receive a plan benefit, except a retirant;
(9) “Benefit program” means a schedule of benefits or benefit formulas from which the amounts of benefits can be determined;
(10) “Board” means the Board of Trustees of the Arkansas Local Police and Fire Retirement System;
(11) “Covered employment” means employment as a police o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-10-102
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 24-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-10-602. Annuity generally.
(a) Upon a member's retirement, he or she shall receive an annuity for life in accordance with the applicable benefit program elected by his or her employer, as follows:
(1)Benefit Program 1.
(A) For each year of paid service resulting from employment:
(i) In a position not also covered by Social Security, two and ninety-four hundredths percent (2.94%) of his or her final average pay; and
(ii) In a position also covered by Social Security, one and ninety-four hundredths percent (1.94%) of his or her final average pay.
(B)(i)(a) In addition, if the member is retiring as provided in § 24-10-604, § 24-10-605, § 24-10-606, or § 24-10-607, and if the member's age at retirement is less than Social Security's minimum age for an immediate unreduced retirement benefit, then the member shall receive a temporary annuity equal to one percent (1%) of his or her final average pay for each year of paid service resulting from employment in a position also covered by Social Security.
(b) The provisions of this section that allow a member who retires as provided in § 24-10-607, whose employment was also covered by Social Security, and who is thereby eligible for a temporary annuity shall be applied retroactively to all persons who retired under those circumstances on or after October 1, 1989.
(ii) The temporary annuity shall terminate at the end of the calendar month in which the earlier of the following events occurs:
(a) The member's death; or
(b) His or her attainment of Social Security's minimum age for an immediate unreduced retirement benefit.
(iii) Any member who has had a temporary annuity terminated because of an award of disability retirement under the Social Security Act, 42 U.S.C. § 301 et seq., shall have that temporary annu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-10-602
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 24-10-602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-10-603. Annuity options.
(a) Before the date the first payment of a member's annuity becomes due, but not thereafter, a member may elect in a manner prescribed by the Arkansas Local Police and Fire Retirement System to receive his or her annuity as an Option A60 annuity under this section, or the member may elect to have his or her life annuity reduced, excepting any temporary annuity that may be payable. The member may nominate a beneficiary in accordance with the provisions of one (1) of the following options:
(1)Option A60 — Sixty (60) Months Certain and Life Annuity.
(A)(i) Under Option A60, the retirant shall be paid an annuity for life with the provision that if the retirant's death occurs before sixty (60) monthly payments have been made, the full annuity shall continue to be paid for the remainder of the sixty (60) months to such persons and in such shares as the retirant shall have designated in a manner prescribed by the system and filed with the Board of Trustees of the Arkansas Local Police and Fire Retirement System.
(ii) If there is no payee surviving, the lump-sum actuarial equivalent of the remaining monthly payments shall be paid to the estate of the last survivor among the retirant and the designated persons.
(B) The reduced annuity shall be ninety-six percent (96%) of the life annuity if the first payment due date is before July 1, 2001, ninety-seven percent (97%) of the life annuity if the first payment due date is on or after July 1, 2001, or one hundred percent (100%) of the life annuity if the first payment due date is on or after July 1, 2003.
(2)Option A120 — One Hundred Twenty (120) Months Certain and Life Annuity.
(A)(i) Under Option A120, the retirant shall be paid a reduced annuity for life with the provision that if the retir
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-10-603
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 24-10-603. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-10-610. Limitations on death and disability annuities.
If a death annuity is payable on behalf of a member who dies in employer service before retirement, or for the portion of a disability annuity payable before a disability retirant's attainment of age fifty-five (55), the total amount of the system annuities based on paid service shall not exceed one hundred percent (100%) of the amount of his or her final average pay at the time of death or disability.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-10-610
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 24-10-610. This identifies an authority to review, not proof of applicability.