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24-8-101. Previously retired justice.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-8-101
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:24-8-101
Source file: gov.ar.code.title.24.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8df8d0df9c055f5530c0bf14c36c2f638f249cbd59468c70810e86be97c4b996
Source location: content.xml paragraph 8365
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-8-201
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 24-8-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 spous
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-8-218
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 24-8-218. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-8-223
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 24-8-223. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 r
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-8-701
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 24-8-701. This identifies an authority to review, not proof of applicability.