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Home My WebLink AboutCouncil Agenda Packet 09/02/2003• • TOWN OF MARANA, ARIZONA CQUNCIL MEETING AGENDA 13251 N. Lon Adams Road September 2, 2.003 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council. Meeting. Regular Council Meetings are usually held the first and third Tuesday of each. month at 7:00 p.m. at the Marana Town. Hall, although the date or time may change, or Special Meetings may be called at other times andlor places, Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting.. In such a case a new agenda will. be posted in place of this agenda. Tf you are interested in speaking to the Council during. Petitions and Comments, Public Hearings, or other agenda items,. you must fill out a speaker card (at the rear of the Council Chambers} and deliver it to the Clerk in advance of the agenda. item you wish to address.. It is up to the Mayor and Council whether individuals will be allowed. to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meefing, whether speaking to the Council or not, are expected to observe the Council Rules,. as Weil as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible.. Any person who, by reason of any disability, is in need of special services as a result of their disability, such. as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will. be accommodated. Such special services are available upon prior request, at least ten (10} working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn G. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY TTEM LISTED ON THIS AGENDA. Amended agenda items appear in. italics.. Posted. by August 29, 2003 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center. ^ TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon. Adams Road September 2, 2003 - ?:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE FV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the August 19, 2003 Council Meeting VII. CALL TO THE PUBLIC~ANNOUNCEMENTSMINTRODUCTIONS At this time,. any member of the public is allowed to address the Town Council on any issue nat already an tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (Iocated at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matker, or may ask that the matter be placed. on a future agenda. ' . VIIL STAFF REPORTS IX. GENERAI, ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council. which are generally routine items not requiring council discussion. A single motion will approve all items ~on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda.. 1. Resolution No. 2003-98: Approving the Conservation Planning Phase 2a contract with CH2M Hill (Leslie Lberti) 2. Resolution No. 2003-97: Authorizing the renaming of "Pastel Vista Place" within Canyon. Pass II at Dove Mountain Subdivision to "Sonora Vista Canyon Place" (Farhad Moghimi) • 3. Resolution No. 2003-102: Appointments to the Town of Marana Business Advisory Committee (Roy Cuaron) 2 TOWN OF MARANA, ARIZONA CQUNCIL MEETING AGENDA 13251 N. Lon Adams Road • September 2, 2003 - ?:00 p.m. 4. Resolution Na 2003-100 -Saguaro Ranch Final Plat: A request for approval of a final plat for the creation of aloes-density residential subdivision on approximately 583 acres, consisting of four blocks and 44 tots generally located north of Moore road and east. of Thornydale Road in portions of Sections 17, 20 and 29, Township I1 South, Range 13 East (Joel Shapiro) 5. Resolution No. 2003-86: Authorizing an actuarial valuation on behalf of the Mayor and Council as the preliminary step for participation in the Elected Officials' Retirement Ptan (Jane Howell) B. COUNCIL ACTION 1. PUBLIC HEARING on the Santa Cruz/Avra Vallev Road Annexation - consideration of the Town of Marana's desire to annex approximately 105 acres in the vicinity of the Santa Cruz River and Avra Valley Road west of Interstate 10. This annexation encompasses portions of Sections 8 and 17 in Township 11 South, Range I1 East. All of the real property within this annexation is owned by the Town of Marana (Dick Gear) • C, MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII, ADJOURNMENT --? ~` Bobby Sutton, Jr., Mayor ~1 U 3 11~IINUTES OF REGULAR COUNCIL 11~IEETING 1~IARANA TOWN HALL SEYTIJMBER 2, 2003 _ • PLACE AND DATE Marana Town Hall, September 2, 2003 I. CALL TO ORDER Mayor Sutton at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Lynn Warde Documents Coordinator/Clerk's Office Present jim DeGrood Development Services Administrator Present Jaret Barr Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. • 1 1~IINUTES OF REGULAR COUNCIL MEETING ~'~IARftNA TO~~N HALL SEP'I'L:NIBER 2, 2003 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member Escobedo, the minutes of the August 19, 2003 regular Council meeting were approved 6/ 0 with one abstention. Mayor Sutton was not present at the August 19~ meeting and abstained from this vote. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Chief Richard Vidaurri, Lieutenant Joe Carrasco, and Detective Richard Palma spoke briefly before the Council regarding a new software application being installed at the Marana Police Department (MPD). The software program, COPLINK, will allow MPD to access other local, state, and national law enforcement agencies' computerized databases when searching for suspects or crime-related information. This new technology will save an enormous amount of investigative time. Dan Hochuli spoke before the Council and described a recent decision by a three judge panel of the 9~ District Circuit Court regarding the Town of Tortolita's pleadings associated with incorporation papers and the Voting Rights Act. He explained that the panel ruled against the unincorporated town and he gave a short history of the case. Mr. Hochuli noted that it was unlikely that Tortolita would succeed in securing en banc review before the 9~ Circuit Court or a reviewing before the U.S. Supreme Court. Mayor Sutton announced that Congressman Jim Kolbe would be holding a Town Hall meeting at the Marana Operations Center on Saturday, September 6, 2003. He said that the meeting would begin at 2:00 p.m. and for any Council members wishing to attend to coordinate with Mr. Reuwsaat. The Mayor continued by announcing that several Council members had recently received service awards from the Arizona League of Cities and Towns. Mayor Sutton received an award for eight years of distinguished service. Vice Mayor Kai also received an eight year award even though he has served in the League for 10 years. Council Member Honea received a State plaque commemorating his sixteen years of League dedication. VIII. STAFF REPORTS There were no questions regarding the staff reports. 2 MINUTES OF RIJGULAR COUNCIL 1~~IEIJT[NG MAItANA TO~'VN HALL _ SEPTEMBEK 2, 2003 • IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-98: Approving the Conservation Planning Phase 2a contract with CH2M Hill (Leslie Liberti) 2. Resolution No. 2003-97: Authorizing the renaming of "Pastel Vista Place" within Canyon Pass II at Dove Mountain Subdivision to "Sonora Vista Canyon Place" (Farhad Moghimi) 3. Resolution No. 2003-103: Appointments to the Town of Marana Business Advisory Committee (Roy Cuaron) 4. Resolution No. 2003-100: Saguaro Ranch Final Plat: A request for approval of a final plat for the creation of aloes-density residential subdivision on approximately 583 acres, consisting of four blocks and 44 lots generally located north of Moore Road and east of Thornydale Road in portions of Sections 17, 20 and 29, Township 11 South, Range 13 East (Joel Shapiro) 5. Resolution No. 2003-86: Authorizing an actuarial valuation on behalf of the Mayor and Council as the preliminary step for participation in the Elected Officials' Retirement Plan Qane Howell) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING on the Santa Cruz/Avra Valley Road Annexation - consideration of the Town of Marana's desire to annex approximately 105 acres in the vicinity of the Santa Cruz River and Avra Valley Road west of Interstate 10. This annexation encompasses portions of Sections 8 and 17 in Township 11 South, Range 11 East. All of the real property within this annexation is owned by the Town of Marana (Dick Gear) Mr. Reuwsaat presented this item before the Council. He gave a brief outline of the annexation request and pointed out that an error had been made in the legal description on the agenda and on the blue sheet material. He said that instead of being Township 11 South, Range 11 East, the correct legal description was Township 12 South, Range 12 East. __ __ ~1INGTCS OF REGULAR COUNCIL ;~~iEhJT1NG ~IARANA TOWN HALL ~I+.PTEMBER 2, 2003 • He noted that all legal notices distributed to the public had contained the correct legal description. Mayor Sutton opened and closed the public hearing. There were no speakers from the public. There were no questions from the Council. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton reported that the Town had full attendance at the League of Arizona Cities and Towns' recent conference. He commented that he was very proud of the Council and that he appreciated each member's participation and dedication. D. MANAGERS' REPORT There were no reports. X. UPCOMING EVENTS There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS No future agenda items were suggested. XIL ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 7:16 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 2, 2003. I further certify that a quorum was present. Lynn Warde for Jocelyn Bronson, Town Clerk 4 MARANA TOWN COLIlVCIL MEETING • Public Attendees DATE: / ' Name Address • ~~ ~ ,M f~2 ~S A~n U,~ e ~`t d ~ ~AN.4 ~~` ~s t .A ~ i a • STAFF REPORTS TO COUNCIL Building Parks & Rec Town Clerk Court Finance Human Resources Planning ~/ Police PW/Engineering Water • .• MARANA zoNw !.l1GYf ~!~ rwws~ ~~ ~i~l~~ 0~ DC~DC(~W~[~D ~[~~~'~~[~ Congratulations and Thank You for the years of service you have provided the Town of Marana and to MPD. Your hard work and dedication have helped to form the core of the police community serving the citizens of Marana. C7 Joe came to Marana Police Department as a patrol officer in May of 1983. In November of 1985, he was assigned to the Criminal Investigations Unit as detective, where he remained solving Marana crimes until being promoted to Sergeant in July of 1994. In November of 1998, Joe was assigned to the GITEM task force as a supervisor until September of 2000 when he was promoted to Lieutenant where he has supervised the operations division and support services division. Lt. Carrasco was responsible for the department hiring its first ID tech, Michael McLaughlin, in 1994. He is also responsible for bring the Spillman system (FORCE electronic communications data service) to the Department. ~t. Carrasco graduated from Flowing Wells High School and attended Pima College and the University of Arizona. W. - . -'1 Judy came to the Marana Police Department in July of 1983. At that time, there were five officers and she was the only civilian employee. As the department grew, she supervised Records and Communications and is now the Executive Assistant to Chief Vidaurri and is the "ask Judy Unit." She has been instrumental in many changes throughout the years. Judy came to Tucson after graduating from Michigan State University with a Bachelor of Music degree, majoring in Music Therapy. She worked as a Music Therapist and Recreation Therapist and then stayed home with children before joining MPD. Judy has always been involved in volunteer work in the community, including her current position on the Board of Directors of the Marana Arts Council. Judy Capen Lt. Joe Carrasco MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: July 23, 2003 PERIOD: Apri12003 Anr (1~ Anr n~ T+;cral Vao~ t~, Tyro TOTAL CALLS FOR SERVICE 4642 3241 A 31,770* • De artment Case Re orts 469 378 4.598 MOTOR VEHICLE TRAFFIC • Traffic Sto s 1198 908 1.0,067 • Citations 810 576 4,257 • Parkin Violations 3 17 12 • Dm~nr~ under the Influence 6 8 83 • Traffic Accidents 61 80 676 FELONY ARRESTS • Adult 8 24 88 • Juvenile 1 8 21 MISDEMEANOR ARRESTS 158 • Adult 19 112 158 • Juvenile 22 10 238 CRIMES AGAINST PERSONS • Deaths 2 I1 • Homicide 0 p 0 • Natural p 0 1 • Accidental p 0 0 • Suicide 0 0 0 • Un1cTTOwm 1 0 4 • Robbe 1 1 6 • Sex Offenses 1 3 18 • Offenses Aeainst Famil 3 2 I S • Assaults 26 16 174 • Disorderl Conduct 6 8 j4 CRIMES AGAINST PROPERTY • Commercial Bur lanes 5 1 77 • Residential Bur ]aries 7 3 64 Thefts 44 66 607 • Motor Vehicle Thefts 5 12 111 • Criminal Dama e 36 18 326 • Stolen Pro ert Re orted $113,761 $194,407 1,829,256 • Pro e Recovered $29,087 $128,764 813,060 MISCELLANEOUS 13 • Wea ons Violations 1 0 ] 16 • Narcotic / Dru Vio]ations 16 7 26 • Li uor Violations 2 4 229 • Arrest for Other Jurisdiction 28 21 60 • Juvenile Violations 5 10 32 • Abandoned Vehicles 6 42 37 • Public Hazard 1 32 103 • Lost/Found 10 24 29 • Public Assist 2 235 44 • Civil Matter 5 20 gg • Sus icious Activit 7 215 44 • Securit /Vacation/Business/Checks 2087 1075 4,282* • Assist other a enc 22 76 161 • Miscellaneous 7 70 6] • False Alarms 2 15 3* • • rte--- ~-~-~-~ -•~-~ -~-~~~-~-~ a+~ ~-~uc ~ a ~ral5e r~lanu/~ecurlLy/vd ~ /tll15ln CheCkS) ~~ ~ ~ ;~ Chief of Police • • • MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE:. July 23, 2003 PERIOD: May 2003 Mav n't x~a., n~ ~: .,~ v,. ,,.. TOTAL CALLS FOR SERVICE 5115 3720 yu~ 36,885* • De artment Case Re orts 445 451 5,043 MOTOR VEHICLE TRAFFIC • Traffic Sto s 1063 898 11,130 • Citations 319/504 427 4761 • Parkin Violations I 3 13 • Drivin under the Influence 12 8 95 • Traffic Accidents 49 $9 725 FELONY ARRESTS • Adult 1l 39 99 • Juvenile 0 13 21 MISDEMEANOR ARRESTS • Adult 11 111 169 • Juvenile 13 16 251 CRIMES AGAINST PERSONS • Deaths 0 • Homicide 0 0 0 • Natural 3 0 q • Accidental 0 0 0 • Suicide 0 0 0 • Unknown 1 0 5 • Robb 0 4 6 • Sex Offenses 2 13 ~0 • Offenses A ainst Famil 3 28 18 • Assaults 17 18 196 • Disorderl Conduct I1 8 6~ CRIMES AGAINST PROPERTY • Commercial Bur lanes 7 4 84 • Residential Bur lanes 8 5 72 • Thefts 57 86 664 • Motor Vehicle Thefts 16 13 127 • Criminal Dama e 32 28 358 • Stolen Pro ert Re orted $ 193,486 206,401 2,022,742 • Pro ert Recovered (S 118,585 66,035 931,645 MISCELLANEOUS • Wca ons Violations 2 1 15 • Narcotic / Dru Violations 14 13 130 • Li uor Violations 4 3 30 • Arrest for Other Jurisdiction 37 25 266 • Juvenile Violations 5 5 65 • Abandoned Vehicles 5 50 37 • Public Hazard 0 34 37 • Lost/Found 4 17 107 • Public Assist 7 217 36 • Civil Matter 2 29 46 • Sus icious Activit 5 216 93 • Securit /Vacation/Business/Checks 2631 1499 6913 • Assist other a enc 12 63 671 • Miscellaneous 6 15 67 • False Alarms *Thls rennrt rlnoc not ,-ofl o..~ -.i i ,.a_ 0 26 3* -- ----~~ ~ ~ ~~a~~~ .ziaiuyxcuci~y~ on~tsusl ess Checks) ~~~ ~~ ^ Chief of Police MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Toxin Manager, Mayor and Council DATE: July 23, 2003 PERIOD: June 2003 .Tune n~ hmr n~ R;c ~1 Vo r r,. il.,ro TOTAL CALLS FOR SERVICE 4498 3354 y 41,383* • De artment Case Re orts 455 481 5498 MOTOR VEHICLE TRAFFIC • Traffic Sto s 1198 943 ] 2,328 • Citations 205/360 355 5,121 • Parkin Violations 0 2 ] 3 • Dm~ng under the Influence 8 7 103 • Traffic Accidents 64 90 789 FELONY ARRESTS • Adult 8 37 107 • Juvenile 0 13 21 MISDEMEANOR ARRESTS • Adult 28 114 197 • Juvenile 10 6 261 CRIMES AGAINST PERSONS • Deaths 0 • Homicide 0 0 • Natural 0 4 • Accidental 0 0 • Suicide I 1 • Unknown 0 • Robb 0 2 6 • Sex Offenses 0 1 ~0 • Offenses Aeainst Famil 3 1 21 • Assaults ] 1 17 207 • Disorder] Conduct ll 16 76 CRIMES AGAINST PROPERTY • Commercial Bur laries 6 1 90 • Residential Burelaries 6 12 78 • Thefts 53 6 717 • Motor Vehicle Thefts 10 16 137 • Criminal Dama a 26 25 384 • Stolen Pro ert Re orted S) 115,641 311,553 2,]38,383 • Pro Recovered (S 43,808 40,048 975,453 MISCELLANEOUS • Wea ons Violations 1 0 16 • Narcotic / Dru Violations 16 12 146 • Li uor Violations 4 3 34 • An•est for Other Jurisdiction $1 31 317 • Juvenile Violations 3 8 68 • Abandoned Vehicles 4 44 4] • Public Hazard 1 28 38 • Lost/Found l2 17 119 • Public Assist 8 233 44 • Civil Matter 7 33 53 • Sus icious Activit 5 208 98 • Securit Nacation/Business/Checks 1995 1090 8908 • Assist other a enc 15 58 82 • Miscellaneous 2 20 69 • Alarm *Thi c ronn rf- ri r.oc ....f ,-eci ~,.~ ..i i 179 5 182* • • • - ~~~-- - ~ ~coiac ealutuyJCLLLl1l.Y/Vd n/ttusln s Checks) ~/~ ~ . Chief of Police ~'on~ratulation~ and WQl~orn¢ to Marana's newest certified officers. June 13th was graduation day from the Southern Arizona Law Enforcement Training Center (SALETC). June 14th was the official starting date of these first-rate officers. Before becoming an officer with Marana Jennifer worked for five years in the Restaurant/Bar Industry in reception and sales. She has a A.S. degree from Kapiolani College on Oahu, HI. Jennifer hopes to get training in accident reconstruction and HGN & DRE. • Angela spent 6 years in the US Air Force and worked as a corrections officer before her career change to law enforcement. She is originally from South Carolina and moved to Arizona with her husband Brad in 2000. Angela hopes to be a part of the growth and new developments that are taking place in Marana and retire from here. • Randy Korth Randy received a bachelor's degree from "U of A" in 1998 with a major in media arts and a minor in journalism. He worked for 7 years as a remodeling contractor for Hittle Remolding. Randy aspires to be honest and loyal to MPD and concentrate on being an exceptional patrol officer and one-day receive a special assignment, with the goal of becoming a sergeant. He enjoys sports, listening to country music and jet skiing! Js~nnif¢r 'I`larri~on J¢ff prid~¢tt Jeff has a bachelor's degree in family studies with a minor in psychology. Before joining the MPD he worked for Pima County Parks and Recreation, Deveraux La Hacienda and the Arizona Department of Corrections. Jeff's goal is to serve, protect and educate the public. ~ng¢ls fil~n~on ~4rthur ~i~u¢roa Art spent 4 years active duty with the US Air Force, 2 years in the Reserves, and the past 4 years as a medical assistant. He is currently pursuing a degree in psychology. He is very happy to be a part of MPD and the Town of Marana, and hopes to work with the K-9 unit and the Emergency Response Team in the future. .tit~ww ~ ~~ POST 77 By: Lt. Bradshaw 2003 EXPLORER COMPETITION The annual U. S. Border Patrol Law Enforcement Explorer Competition was held on June 21S`' 22nd, and 23rd, 2003 at Old Tucson Studios. Marana Police Explorers competed with over thirty other law enforcement posts in the event. Some participating Posts came from as far away as Los Angeles, California to compete in the event. The hot desert climate and scorching temperatures nearly dehydrated Explorers in the strenuous demanding competition scenarios. y ~,~ _ ~~ e ~ ~ ' '~f . Marana Explorer Lt. Chad Long, Sgt. Stacey Smith, Sgt. Jolene Harrington, Rusty Garner, Sarah Boettcher, Cody Arnold, and Jessica Anderson are to be commended for their outstanding performance and representation of Marana Police Department. UPCOMING EVENTS: Marana Care Fair On Friday August 8`h, 2003, from 4pm - 8pm, Explorers will be at Coyote Trail Elementary School for a Care Fair. This year's event is sponsored by the Marana Health Center and Marana Unified School District. Explorers will give 911 call demonstrations and promote the Marana Police Department's Teddy Bear fundraiser. Other services provided at the Care Fair consist of health booths, sports physicals for students, immunizations, eye exams, and health screenings. The Care Fair is a family event with lots to see and do. We are hoping to see lots of kids, parents, and community leaders, so pack up the whole family and join us! Barnes and Noble Book Fair . On Saturday August 9` , 2003 from 1 - Spm, Explorers will be on hand at Barnes and Noble Bookstore at Foothills Mall. A booth with information and a 911 simulator will be on display. A percentage of the book sales during the event's specified time will be donated to the Post. Come on by and support the Explorers. Congratulations to Oro Valley Police Department Explorers for coming in second place in overall points. • • • GREETINGS FROM COMMON Fun Websites for police dispatchers Browsing the Internet can be fun.... and very interesting as well as educational. They have hundreds of websites that other officers and dispatchers have developed for all of us to enjoy. One for dispatchers brought to our attention the do's and don'ts of the job! 1. Keep friends outside of the business as well as inside. Everyone needs to keep different perspectives and activities that do not involve law enforcement. It is called being well adjusted. 2. Be the best that you can be. Don't judge yourself by others accomplishments. Make your own goals and be proud of yourself! 3. Don't take everything so personally! We all are dealing with the public and some very difficult situations, if you feel an officer or a dispatcher is snipping at you on the radio, usually they are reacting to another stress and do not realize they have offended you! 4. Keep a sense of your own self worth. Everyone likes to be rewarded and recognized for a job well done. However, don't expect a pat on the back for doing your job. In this business we do something wonderful every day we show up at work, remember that and be proud of who you are and what you do everyday. 5. Daily exercise is a must! Especially for us dispatchers! We sit all day long and our high point is dinner! Exercise also relieves stress! Start a softball or bowling league! Might be fun! 6. And last, Have Fun!! We all know in law enforcement we can develop a warped sense of humor, but this is a survival technique! Don't get overwhelmed with disasters and continual problems we have to deal with. Try to see the humor and beauty in life! Closing Comments! Just a reminder to all our patrol officers out there! You may know where you are at and what you are doing, and God may know where you are and what you're doing; but, if your dispatcher doesn't know where you are and what you are doing then I hope God and you are on very good terms! Do we need to say more about checking out on the radio? Be safe and as always, from all us behind the mic, "in God we trust, all others we run ACIC." -° records Un~~ By: Reynetta Ibarra A Friendly Reminder: When you have a report that includes stolen property, it is extremely important to list the items stolen, along with their value in the appropriate I ocation o f t he c ase report (under loss). Also, a person continuation sheet is needed for any new persons, this also includes supplemental reports. There are times that we are swamped and don't have the time to read the full case report, to search for property loss and persons not included on the person sheets. Your help in this is most greatly appreciated. Be Careful Out There! ~+~ N ~ Z ~ N I ~ ~; ~ L ~; ~ ~ ~ I I ~ i ~,~ o~ i '~--' ~ I _3 m ~) ~ ~ ' ~ -- - - -- ~- pp ~ ~ N i ~ j ' _ - ~ N ~ c= i - - - ~+ } ~ ~ ~ ~ } ~ O L I Q~ ~i~ O Q lt. w Q ', LL `~ I~ o ~ o f O a. o Q ~ Z Q i %iun~ i Q %iuin / W i W d W -- ~ :_ ~ ~ ~ ~ ~+ ~ _ ~ N Rf ' ~ N ~ i N ~ , Q W ~ ~ W ~ ~ ~ ~ c v CJ ~ L... ~ Q ~ .p ~ J ~ ~ ~ 'CJ ~ ~,~ r Q ~ Q 2 J W ~ ~ ~ ~ ~ O i Q , W ~ ~ ~ C N (~ .Q N F"' A (~ C L - -- ----- - C ~ ~ ~ 0------ ~ = N Q ~ ~ ~ M ~ a O I W o ~ o , j O cV Q W ~ '- -- ~ ~ - ~ ~ ~ ~ i ~ o ~' a~ Qa z a i I .~ ~+ ( ~ Q ao Q. ~ C~ ~~ M r O ~ w ~ ~ -,<, ~ ~~ / J ~, , W 2 U_ N N N ~ ~ r' Z N w ~ 0 J J = ~ Z i j w i Y Y ~ M i ~+ Cfl M O ~ ~ (~ `~ CV ~ N ~" Z ~~ I z ~ W ~--~ I j ! _ ~~ ! ~ ~ Mo ~ N ~ o N_ O O W ' ~_ ~ ~ N ~ I W ! I I d ~ ~ W ~ =,~,~~ ~ ~~~ ~ z W ` -~ l.LJ Y~ w a ~ ~ ~ F- ~ ~ ~ M ~ ~ ~ Q LlJ L i Q~/ ~ LL Q ~' M O ~~ ~ ~~ N ' ~ N O) ~ t0 '~ Ni F-- ~ ~ ~ o c~ ~i ~ o ~, o o ~ = ~ 0 ~ ~ Q ~ a ti f~ ~ d- N . ' ~~Q~~,~ ;~;,. ~ Cfl ' M ~ i O z ~ c~'~ O ~ i w ' ~ - w ~- N __ I • • • TOWN COUNCII. TOWN MEETING OF INFORMATION MARANA DATE: Sevtember 2, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM:. Roy Cuaron, Finance Director SUBJECT: Resolution No. 2003-102: Appointments to the Town of Marana Business Advisory Committee {BAC) DISCUSSION: The BAC currently has four vacancies and requests that Jim Shiner, Carol Millsap and Alberto Guadardo be appointed to the committee. The committee also requests that Dorothy Lorefice, whose term expired in March 2003, be reappointed to the committee. Ms. Lorefice represents The Stockmen's Bank, while Mr. Shiner and Ms. Nlillsap own and operate the Lazy K Bar Ranch and C&C Special Pet Care, respectively. Mr. Guadardo is the district manager for Waste Management. All the businesses represented by the aforementioned individuals are located within the town boundaries of Marana.. If appointed, the term of all four individuals will expire in March 2006.. RECOMMENDATION: Staff recommends the adoption of Resolution 2003-102, appointing Jim Shiner, Carol Millsap, Alberto Guadardo and Dorothy Lorefice the Town of Marana Business Advisory Committee. FINANCE/RC/08/27/2003/11:02 AM • MARANA RESOLUTION N0.2003-102 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE APPOINTMENT AND RE- APPOINTMENT, RESPECTIVELY, OF JIM SHINER, CAROL MILLSAP, ALBERTO GUARDADA AND DOROTHY LOREFICE TO THE MAR.ANA BUSINESS ADVISORY COMMITTEE. WHEREAS, the Business Advisory Committee has been created by the Town Council to meet and advise the Town Council on business concerns within the Town; and WHEREAS, the Town Council desires to fill four (4) seats and appoint and re- appoint, respectively, Jim Shiner, Carol Millsap, Alberto Guardada and Dorothy Lorefice to the committee; and WHEREAS, Jim Shiner, Carol Millsap, Alberto Guardada and Dorothy Lorefice shall be appointed and re-appointed, respectively, to serve three-year terms, said terms expiring in March 2006. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Jim Shiner, Carol Millsap, Alberto Guardada and Dorothy Lorefice shall be appointed and re-appointed, respectively, to the Business Advisory Committee with a term of office to expire in March of 2006. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2°d day of September 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • ~. TOWN COUNCIL MEETING INFORMATION DATE: Senten TOWN OF MARANA 2003 AGENDA ITEM: IX. A . 5 TO: Mayor and Council FROM: Jane Howell, Human Resources Director SUBJECT: Resolution No. 2003-86: Authorizin an actuarial valuation on behalf of the Ma or and Council as the preliminary step for participation in the Elected Officials' Retirement Plan DISCUSSION: Effective July 1, 2003, Town of Marana elected officials became eligible for participation in the Arizona Elected Officials' Retirement Plan (EORP) as a result of the monthly salary now extended to them. Arizona Revised Statutes Section 38-Chapter 5, Article 3 sets forth steps that must be taken to include our elected officials in the EORP: 1. Mayor and Council must adopt a resolution authorizing an actuarial valuation be made to determine the cost of the Town's .participation on behalf of the designated eligible elected officials. A.R.S. Section 38-810, Subsection C prescribes how the employer. cost will be determined. This section~also states that the Town is required to pay an amount equal to the ' unfunded accrued liability as a condition of entering the Plan. 2. Staff must contract with the Plan's actuary to make the preliminary actuarial survey, which will determine the estimated cost of the Town's participation. The survey will be based on all eligible dates of service, including the beginning date and ending date for each eligible period as an elected official. The cost of this preliminary survey, to be paid by the Town, is $600. Assuming Mayor and Council support the EORP based on results of the actuarial .valuation, a resolution authorizing participation. in the EORP will be brought before Mayor and Council for adoption. At the same time, the resolution will authorize a town official to enter into the Joinder Agreement with the Arizona Elected Officials' Retirement Plan on behalf of the elected officials. Once the EORP Fund Manager has received the Joinder Agreement and required payroll information, the EORP office will complete the necessary paperwork, return a copy of the Fund Manager approved Joinder Agreement and forward forms needed to participate in the Plan. The forms will be distributed to elected officials to finalize participation. Attached for review is a copy of the letter from EORP outlining required steps for participation in the Plan, EORP statutes and. a Summary of Benefits. RECOMMENDATION: Staff recommends authorization of a preliminary actuarial valuation to be made of the estimated cost of participation of eligible elected officials in the Arizona Elected Officials' Retirement Plan, the cost of $600 to be paid by the Town. MOTION: I move to approve Resolution No. 2003-86 HR/JH/Benefits;Retirement/EORP/Actuarial Valuation 08/26/03 • MA.RANA RESOLUTION N0.2003-86 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE PRELIMINARY STEPS TO BE TAKEN TO BECOME A PARTICIPATING EMPLOYER IN THE ARIZONA ELECTED OFFICIALS' RETIREMENT PLAN ON BEHALF OF THE ELECTED OFFICIALS OF THE TOWN OF MARANA. WHEREAS, the Elected Officials' Retirement Plan has been created by the State of Arizona in order to provide a uniform, consistent and equitable state-wide program for retirement and other benefits for those eligible full-time elected; and WHEREAS, pursuant to the terms of said Elected Officials' Retirement Plan, it is optional for an incorporated town to include within said system its elected officials; and; WHEREAS, it is deemed in the best interest of the Town of Marana to include its' elected officials under the Arizona Elected Officials' Retirement Plan as prescribed by Title 38, Chapter 5, Article 3, Arizona Revised Statutes as amended; NOW, THEREFORE, BE IT RESOLVED by the ~1Vlayor and Council of the Town of Marana, Arizona, as follows: 1. It is hereby authorized and requested that a preliminary actuarial valuation be made to determine the estimated cost of participation, the benefits to be derived, and such other information as may be deemed appropriate, the cost of said valuation to be paid by the Town of Marana; 2. The Town Clerk _is hereby authorized to provide and turn over such records as are necessary to make the actuarial valuation; 3. Town staff is hereby authorized to take whatever steps are necessary and proper to carry out the intent of this resolution. 4. The Town Clerk shall file a certified copy of this resolution with the Fund Manager of the Elected Officials' Retirement Plan. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, 2003. Manna Resolution No. 2003-86 Paee 1 of 2 ~1 ~.J Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally • Marana Resolution No. ?003-86 Page 2 of 2 PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM CORRECTIONS OFFICER RETIREMENT PLAN ELECTED OFFICIALS' RETIREMENT PLAN 1020 East Missouri Avenue Phoenix, Arizona 85014-2613 Jack M. Cross, C.P.A., C.F.A. James A. Nielsen, C.P.A., J.D. Administrator TELEPHONE: (602) 255-5575 Assistant Administrator FAX: (602) 255-5572 May 27, 2003 Town of Marana Attn: Jane Howell 13251 N. Lon Adams Road Marana, AZ 85653 Re: Town of Marana Elected Officials' Joinder into Elected Officials' Retirement Plan Dear Ms. Howell: Effective August 19, 1987, the Arizona Elected Officials' Retirement Plan was amended to allow participation by Arizona incorporated cities and towns on behalf of their elected officials in the Plan. Enclosed please find information regarding the steps that must be taken by your incorporated city or town to include its elected officials in the Arizona Elected Officials' Retirement Plan. Step One: I am enclosing a copy of the statutes which governs the Retirement Plan. I am also enclosing a Summary of Benefits detailing the retirement benefits and options available under the Plan with appropriate statutory cross-references. Please note Section 38-815 of the enclosed statutes which outlines the participation of incorporated cities and towns and sits forth the procedure required forjoining the Plan. I strongly urge that you consult your City or Town Attorney to verify the legal steps that must be taken by your particular municipality in order to participate in the Plan. Steg Two: Your City or Town Council will need to adopt a resolution or ordinance authorizing an Actuarial Valuation be conducted to determine the cost of your city or town's participation on behalf of the designated eligible elected officials. Please see A.R.S. Section 38-810, Subsection C, which prescribes how the employer cost will be determined. You will note under this section that you are required to pay an amount equal to the unfunded accrued liability as a condition of entering the Plan. Step Three: It will be necessary for you to contract with the Plan's actuarial 1•irm to make the preliminary actuarial survey to determine the estimated employer cost for participation. The Plan's actuarial firm is: Rodwan & Nichols 2310 E. 11 Mile Road Royal Oak, MI. 48067 248-399-8760 248-399-8790 (Fax). Ms. Sandra Rodwan is assigned to do the work for the Plan and you can call or write directly to her. The cost for this initial valuation must be borne by the individual interested cities and towns and the cost is approximately $600.00. The Actuary will need the following information concerning each elected official who meets the statutory qualifications to be a member of the Plan: 1) Name 2) Sex 3) Date of Birth (Month and Year) 4) Membership Date or Date of Service--This includes all eligible dates of service. Please list the beginning date and ending date for each eligible period as an elected official with your city. 6) Anticipated date of joinder 7) Annual Salary 8) Marital Status 9) Position Title It is very important that you have the actuarial study calculated as of the anticipated date of your joinder into the Elected Officials' Retirement Plan. Step Four: Your City or Town Council will need to adopt a resolution or ordinance authorizing the participation in the Plan and authorizing a city or town official to enter into the Joinder Agreement with the Arizona Elected Officials' Retirement Plan on behalf of its elected officials. Step four: The designated city or town official will execute the Joinder Agreement, original enclosed, and forward it to our office together with the name and Social Security number of each eligible elected official. We also will require some payroll information; i.e., the number of pay periods your system has during a one-year period, the frequency with which your employees are paid and the name, address and telephone number of the person handling your payrolls. Once we have received the Joinder Agreement and the payroll information, this office will complete the necessary paperwork, return a copy of the Fund Manager approved Joinder Agreement for your records, and forward Membership Forms, Contribution Transmittal Forms and other forms you will need to participate in the Plan. Per statute (ARS 38-815.D), it is important to understand that assets under any existing public employee defined benefit retirement program shall be transferred from such program to this fund no later than sixty days after the employer's effective date. It is also important to know that this fund accepts only defined benefit program assets (for example, we do not accept defined contribution plan assets) to reduce the unfunded liability calculated in the actuarial valuation. If you have additional questions, please contact me. Respectfully, 1 c ~C~~~ ~,,~d` ~C~,~!j LaDawn Snodgrass Active Member Supervisor Enclosures: EORP Statutes Summary of Benefits Annual Report Sample Resolutions Joinder Agreement EORP Summary of Benefits http://www.psprs.com/EORP/Sum of Ben EO.htm SUMMARY OF BENEFITS - EORP o7/oi/o2 Purpose (A.R.S. §38-810.02.6) To provide a uniform, consistent and equitable statewide program for those eligible elected officials as defined by the Plan. Eligibility (A.R.S. §38-801 and §38-804.A) All elected officials are members of the Plan, except that an elected official who is subject to term limits may elect not to participate in the Plan for that specific term of office. An elected official means every elected official of this state, every elected official of each county of this state, every justice of the supreme court, every judge of the court of appeals, every judge of the superior court, every full-time superior court commissioner, the administrator of the fund manager if the administrator is a natural person and each elected official of an incorporated city or town whose employer has executed a proper joinder agreement for coverage of its elected officials. Contributions (A.R.S. §38-810.A) Each member shall contribute 7.00% of salary to the Plan on a pre-tax basis. Each employer shall contribute the following: For state and county employers, a designated portion of certain fees collected by the Clerks of the Superior Courts, Courts of Appeals and the Supreme Court plus additional contributions as determined by actuarial valuation to ensure proper funding for the Plan, but not less than 2% of salary. (A.R.S. §38-810) For incorporated ci or town. employers, a level per cent of salary as determined by actuarial valuation to ensure proper funding for the Plan but not less than 2% of salary. (A.R.S. §38-810) Credited Service (A.R.S. §38-801, ¶ 3) Means the number of whole and fractional years of a member's service as an elected official after the elected official's effective date of participation for which member and employer contributions are on deposit with the fund, plus credited service as an elected official transferred to the Plan from another retirement system or plan for public employees of this state, plus service as an elected official before the elected official's effective date of participation which is being funded pursuant to a joinder agreement or which was redeemed pursuant to §38-816. Average Yearly Salary (A.R.S. §38-801, ¶ 2) Means the highest average total salary over a period of three consecutive years within the last ten completed years of credited service which was paid to the elected official at the time of death or retirement or at the time the elected official ceases to hold office. Normal Retirement (No Reduction for Age) (A.R.S. Sections 38-805.A and 38-808.6, ¶ 1) An elected official may retire upon meeting one of the following age and service requirements: 1. Age sixty-five years, with five or more years of credited service. 2. Age sixty-two years, with ten or more years of credited service. ~f 4 EORP Summary of Benefits ~ http://www.psprs.com/EORP/Sum of Ben EO.html 3. Twenty or more years of credited service regardless of age. The amount of a normal retirement pension is four percent (4%) of the member's averse earl g y y salary multlplled by the years of the member's credited service. Maximum is eighty percent (80%) of the member's average yearly salary. Early Retirement (Reduction for Age) (A.R.S. §38-805.8 and §38-808.8, ¶ 1) An elected official who has five or more years of credited service may retire before meeting the age or service requirement for normal retirement. The amount of an early retirement pension is computed by determining the amount of accrued normal retirement pension and then reducing the amount determined by three-twelfths of one percent for each month early retirement precedes the member's normal retirement age as noted above. The maximum reduction is 30%. Vested Termination (Deferred Retirement) An elected official with five or more years of credited service retains entitlement to deferred pension, upon ceasing to be an elected official, if the elected official's accumulated contributions are left on deposit in the retirement plan. The amount of pension is determined in the same manner as a normal or early pension, whichever is applicable. Disability Retirement (A.R.S. §38-806 and §38-808.8, ¶ 2) The Fund Manager may retire an elected official who becomes incapacitated for the purpose of performing the duties of the member's office based on a certification by a board of physicians that the member is mentally or physically incapacitated and qualifies for a disability retirement. The:amount of pension is eighty percent (80%) of member's average yearly salary if the elected official has ten (10) or more years of credited service or forty percent (40%) of the member's average yearly salary if the elected official has five (5) but less than ten (10) years of credited service or twenty percent (20%) of the member's average yearly salary if the elected official has fewer than five (5) years of credited service. Survivor Pension (A.R.S. §38-807) Payable to the eligible beneficiary of a retired member or an active or inactive member who dies before retirement. An eligible beneficiary is a surviving spouse who was married to the retired or active or inactive member for at least two years; or, if there is no eligible spouse, then to a minor child. A surviving spouse's pension terminates upon death. A surviving child's pension terminates upon marriage, adoption or death or upon attainment of age 18 years, unless the child is a full-time student under the age of 23 or the child is under a disability which began before the child attained the age of 23. The amount of a surviving spouse's pension is three-fourths of the pension being paid the deceased retired elected official or three-fourths of the pension which the member would have received assuming he had retired under a disability. The amount of a surviving child's pension is an equal share of the amount of a surviving spouse's pension. Death Benefit (A.R.S. §38-807.E) If a member dies and no pension is payable on account of the member's death, the deceased member's accumulated contributions shall be paid to the beneficiary named by the member. Termination Refund (A.R.S. §38-804.8) of 4 08/01/3003 ]2:51 PM EORP Summary of Benefits http://www.psprs.com/EORP/Sum of Ben EO.htm'~ Upon termination of employment for any reason other than death or retirement, a member shall, within twenty days after filing an application with the Fund Manager, receive slump-sum payment, equal to the accumulated contributions, as of the date of termination, less any benefits paid or any amounts owed to the Plan. A member forfeits all membership rights and credited service in the Plan upon receipt of refund of contributions. If the member has 5 or more years of credited service upon termination they shall receive an additional amount according to the schedule below: 5 to 5.9-25% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 6 to 6.9-40% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 7 to 7.9--55% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 8 to 8.9-70% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 9 to 9.9-85% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 10 or more-100% of member contributions deducted from the member's salary pursuant to ARS 38-810.A plus interest at 3% if left on deposit after 30 days. Reemployment And Repayment Of Contributions (A.R.S. §38-804.F) An elected ofFcial who terminates membership in the Plan and takes a refund of his contributions and is later re-employed as an elected official may restore prior service credits, if the elected official signs a written election within ninety days after re-employment to reimburse the Plan within one year after the date of re-employment. The reimbursement will equal the amount previously withdrawn plus interest from the date of withdrawal to the date of repayment at the rate of 9% rnmpounded annually. Remployment After Retirement (A.R.S. §38-804.G and §38-804.H) If a retired member subsequently becomes an elected official, contributions shall not be made to the Plan nor additional years of credited service accrued. Additionally, if a retired member, by reason of election or reelection, becomes an elected official of the same office from which the member retired within a time period that is less than one full term for that office, the member shall not receive a pension until the member ceases to hold the same office. Redemption Of Prior Service (A.R.S.§38-816) Active members who had previous service in this state as an elected official with an employer now covered by the Plan before the effective date of participation and who received a refund of accumulated contribu-tions from the applicable retirement system upon termination or who was not covered by a retirement system or plan during the elected official's prior elected official service may elect to redeem any part of the prior service by paying into the Plan the amounts required in A.R.S. §38-816.6. (Use Form E2) Purchase Of Prior Active Military Service (A.R.S. §38-820) A member may purchase up to four years of prior active military time that is not on account with any other retirement system. The member must pay the actuarial present value of the increase of credited service resulting from this purchase. (Use Form 18) ~f 4 OS/O1/2003 12:1 PM EORP Summary of Benefits Transfer Between State Retirement Systems (A.R.S. §38-921 and §38-922) http://www.psprs.com/EORP/Sum of Ben EO.htm Members of any of the four Arizona state retirement systems or plans who have credited service under another Arizona state retirement system or plan may transfer or redeem the credited service to their current Arizona state retirement system or plan by paying or transferring the full actuarial present value of the credited service into their current Arizona retirement system or plan with approval of the Fund Manager or retirement boards involved. A reduced credited service amount may be transferred based on the transfer of the actuarial present value of the credited service under the prior Arizona state system or plan. (Use Form U-2) Cola Benefit Increases (A.R.S. §38-818) Effective July 1 of each year, each retired member or survivor of a retired member may be entitled to a permanent benefit increase in their base benefit. The maximum amount of the increase is four percent (4%) of the EORP benefit being received on the preceding June 30 and is contingent upon sufficient excess investment earnings for the fund. To be eligible for the increase the member or survivor must be age 55 or older on July 1 of the current year and was receiving benefits on or before July 31 of the previous year. A member or survivor is also eligible if they were receiving benefits on or before July 31 of the two previous years regardless of age. Health Insurance Premium Subsidy (A.R.S. §38-817) For EORP retirees who have elected group health and accident insurance coverage provided and administered by the state or another EORP employer and who had 8 or more years of credited service, the EORP will pay up to the following amounts: ' ""y'C I _ Family All Not Medicare Not Medicare Eligible Medicare Eligible Eli ible All Medicare Eligible One with Medicare $150.00 $100.00 ~_ _ .___$260.00 _ $170.00 ~~i s nn Those retired members who had between 5 and 8 years of credited service would receive a proportionate share of the full subsidy. Until June 30, 2003, a retiree or survivor who lives in a nonservice area receives up to the following amounts in addition to the subsidy listed above. A nonservice area is defined as an area in this state where the state retiree group insurance program or employer's retiree health insurance program does not provide or administer a health maintenance organization (HMO) for which the member or survivor is eligible. The subsidy consists of up to the following amounts: Single Family Not Medicare Eligible $300.00 ~ Medicare Eligible $170.00 _ All Not Medicare Eligible $600.00 ~ All Medicare. Eligible __ $350.00 One with Medicare _ $470.00 -- _ - crate taxation Of Eorp Benefits (A.R.S. §38-811 and §43-1022) Effective tax year rnmmencing January 1, 1989, all EORP retirement benefits in excess of $2500 annually will be subject to Arizona state tax. I~ ~f 4 OS/01/2003 12:5] PM r1 U TITLE 38, CHAPTER 5, ARTICLE 3 AND RELATED STATUTES • ARIZONA REVISED STATUTES AS AMENDED 2002 ELECTED OFFICIALS' RETIREMENT PLAN STATE OF ARIZONA ~~ H • • STATE OF ARIZONA ELECTED OFFICIALS' RETIREMENT PLAN INDEX TO ACT 38-801 Definitions ............ 38-802 ......... ............ ............. Elected officials' retirement plan and fund; administration 1 38-803 powers and duties ofthe fund mana er •~•~~•~~•~•••~••~~••"' 9 . 2 38-803.01 ....................................................... Qualified overnmental excess benefit arran g eme t d f 2 38-804 g n ; e initions .................................... Membership; termination; reinstatement of credited service 3 38-805 .......................................... Normal retirement and early retirement pensions 3 38-806 ................................... Disability retirement pensions ""'•""""""~• ...... 5 38-807 ......................................... Survivor pensions ""•'"""""•~•••••••••••••••• 5 38-808 ............................... Pension payments; computation of amounts; termination 6 38-809 ............ Correction of pension payment errors; assignments prohibited; liabilit •••••~• 7 38-810 y . Contributions ""'•'•••••••••••••••••• ............ 7 38-810.01 .......................................................................................... Internal Revenue Code ualific ti 8 38-810.02 q a on .............................................................. Statutory construction ........... "•"""" 9 38-811 .... p _ """""' Taxation of benefits• exem tion of contributions d ••• g 38-812 an securities Maximum annual pensions; limitati •~~~•~•~~•~~~~~•~~'•"""'•"" 9 38-813 ons .................. ................................................. Availability of retired judges for certain le al i 9 38-814 g serv ces; compensation .................... Termination of plan •••••••••• ................. 10 38-815 ............................................................................. Joinder agreement .............. 10 38-816 ............ _ ............................... ............. Redemption of prior service ~ • • ~ • ~ • • • ~ • ~ ~' • ~' 11 38-817 ......... ..............: p..y ......; ............................... Group health and accident coverage for retired b • 11 38-818 mem ers a ment• definitions ................ Benefit increases 12 38-819 ..................................................... Lump sum payment of benefit inc 13 38-820 reases .................................................................. National guard or reserve members; credit for military service 14 ; payment of contributions during active military service .......... 38-821 ................................... _ """' • ~ • Charter city retirement system service credits; transfers 14 ......... ..................................... 15 • STATE OF ARIZONA ELECTED OFFICIALS' RETIREMENT PLAN RELATED STATUTES 12-119.01 Supreme court fees; distribution ........ 12-120.31 ...................... Fees and costs; distribution ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •""""""""""""""• 18 12-284.03 ........................................................................... Distribution of fees • • • • • • • .... 18 38-651.01 ............... Group health and accident coverage for retired public employees and elected ff i 18 o ic als and their dependents ................. 38-651.02 ........................................................................... Expenditure of funds for group life and group accidental death and dismemberment i 19 nsurance; group life coverage for former elected officials 38-782 ................. Group health and accident coverage for retired public employees and elected ff i 21 o ic als and their dependents ........... 38-921 ............ Transfer of retirement service credits from one retirement system or plan to anothe 22 r retirement system or plan in this state . 38-922 .................... _ Transfer or redemption of service credits ~~~ """"""•""""""' 24 Supplementa ................................................................. l Defined Contribution Pl 24 ans (38 951 through 38 9541 38-951 Definitions ............... .. 38-952 ............................ Supplemental defined contribution plans establishment administration 38-953 ............................ Supplemental option .................. . 26 38-954 ........................... ............................... Vesting """""-•••• ................. 27 .................. Termination of the tax deferred annuity and deferred compensation pilot program 28 ............ Termination of the defined contribution retirement plan option pilot pro ram 28 41-3006.02 g .................... Elected officials' retirement plan; termination July 1 2006 28 Article XXIX , .................. Public retirement systems '""""""""""" ..... 29 ................... ............................................................ lected officials' retirement plan; tax equity benefit incr 29 ease............ . ............................. Delayed repeal ........................ 29 • . ......................................................................... 29 This is not an official version of the Arizona Revised Statutes. If there are any differences or discrepancies between this version and the official version compiled by the Arizona Secretary of State, the official version will .prevail. ELECTED OFFICIALS' RETIREMENT PLAN TITLE 38, CHAPTER 5, ARTICLE 3 ARIZONA REVISED STATUTES AS AMENDED 2002 38-801. Definitions In this article, unless the context otherwise requires: 1. "Accumulated contributions" means the sum of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A plus the amount transferred to the fund on behalf of the member plus the amount deposited in the fund pursuant to § 38-816. 2. "Average yearly salary" means the result obtained by dividing the total salary paid to an employee during a considered period by the number of years, including fractional years, in which the salary was received. The considered period shall be the three consecutive years within the last ten completed years of credited service which yield the highest average. 3. "Credited service" means the number of whole and fractional years of a member's service as an elected official after the elected official's effective date of participation for which member and employer contributions are on deposit with the fund, plus credited service as an elected official transferred to the plan from another retirement system or plan for public employees of this state, plus service as an elected official before the elected official's effective date of participation which is being funded pursuant to a joinder agreement in accordance with § 38-810, subsection C and § 38-815 or which was redeemed pursuant to § 38-816. 4. "Effective date of participation" means August 7, 1985, except with respect to employers and their elected officials whose contributions to the plan commence after that date, in which case the effective date of their participation in the plan is specified in the applicable joinder agreement. 5. "Elected official" means: (a) Every elected official of this state. (b) Every elected official of each county of this state. (c) Every justice of the supreme court, every judge of the court of appeals, every judge of the superior court and every full-time superior court commissioner, except full-time superior court commissioners who failed to make a timely election of membership under the judges' retirement plan, repealed on August 7, 1985. (d) The administrator of the fund manager if the administrator is a natural person. (e) Each elected official of an incorporated city or town whose employer has executed a proper joinder agreement for coverage of its elected officials. 6. "Fund" means the elected officials' retirement plan fund. 7. "Fund manager" means the fund manager of the system. 8. "Pension" means a series of monthly payments to a person who is entitled to receive benefits under the plan. 9. "Plan" means the elected officials' retirement plan. 10. "Retired member" means a person who is being paid a pension based on the person's credited service as a member of the plan. 11. "System" means the public safety personnel retirement system. Page 1 Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1987, Ch. 146, § 1; Laws 1994, Ch. 207, § 2; Laws 2000, Ch. 126, § 1. 38-802. Elected offi ialc' r tir m nt nhn end fund; administration A. The elected officials' retirement plan is established. B. The elected officials' retirement plan fund is established. The fund shall be made up of the assets of the judges' retirement plan and the elected officials' retirement plan terminated on August 7, 1985 plus the assets generated by this plan and the assets of the administrator of the fund manager in the state employees retirement plan on the date of transfer plus any assets transferred to the fund in accordance with a joinder agreement. The fund shall be used exclusively for payment of benefits to retired members or their beneficiaries as provided in this article and for payment of the administration, operation and investment expenses of the plan. In no case shall any portion of the fund revert or otherwise be paid to an employer. C. The fund manager shall administer, manage and operate the plan and fund. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1987, Ch. 146, § 2. 38-803. POWPrC and d ~ti c of th f end m~nngg~ A. The fund manager, in the administration, management and operation of the plan and fund, shall: 1. Account for the operation, administration and investment expenses and allocate them against investment income. 2. Contract on a fee basis with an actuary to make an actuarial valuation of the plan based on the valuation method and valuation assumptions recommended by the actuary and approved by the fund manager. The actuary shall be a member of the American academy of actuaries. 3. Contract on a fee basis with an independent auditing firm to make an annual audit of the accountin records of the fund and file a copy of the audit with the auditor general. g 4. Invest the monies in the fund as provided in § 38-848. 5. Within a period of six months after the close of each fiscal year, submit a detailed report of the operation and the investment performance of the plan to the governor, the legislature and the members of the plan. 6. By November 1 of each even-numbered year provide a preliminary report and by December 15 of each even-numbered year provide a final report to the governor, the speaker of the House of Representatives and the President of the Senate on the contribution rate for the two ensuing fiscal years. B. The fund manager, in the administration, management and operation of the plan and fund, may: 1. Employ services as it deems necessary. 2. Either keep invested monies separate or commingle invested monies as it deems appropriate. 3. Delegate authority as it deems necessary and prudent to the administrator employed pursuant to § 38-848, subsection K, paragraph 6. 4. Do all acts, whether expressly authorized, which may be deemed necessary or proper for the protection of the fund. Added by Laws 1985, Ch. 309, § 4; Amended by Laws 1997, Ch. 210, § 24, effective March 1, 1998. Page 2 38-803.01. i~ualified nnvPrmm~nt~r o,....,~~ ~.,...,.c~ _________ _ _. _ ... A. The fund manager may establish a qualified govemmental excess benefit arrangement for the sole purpose of enabling the fund manager to continue to apply the same formula for determining benefits payable to all employees covered by the plan whose benefits under the plan are limited by § 415 of the intemal revenue code. B. The fund manager shall administer the qualified govemmental excess benefit arrangement. The fund manager has full discretionary fiduciary authority to determine all questions arising in connection with the arrangement, including its interpretation and any factual questions arising under the arrangement. C. All members and retired members of the plan are eligible to participate in the qualified govemmental excess benefit arrangement if their benefits under the plan would exceed the limitation imposed by § 415 of the intemal revenue code. D. On or after the effective date of the qualified govemmental excess benefit arrangement, the employer shall pay to each eligible member of the plan who retires on or after the effective date and to each retired member who retired before the effective date and that member's beneficiary, if required, a supplemental pension benefit equal to the amount by which the benefit that would have been payable under the plan, without regard to any provisions in the plan incorporating the limitation on benefits imposed by § 415 of the intemal revenue code, exceeds the benefit actually payable taking into account the limitation imposed on the plan by § 415 of the intemal revenue code. The fund manager shall compute and pay the supplemental pension benefits under the same terms and conditions and to the same person as the benefits payable to or on account of a retired member under the plan. E. The employer shall not fund benefits payable under. the qualified govemmental excess benefit arrangement. The employer shall pay benefits payable under the qualified govemmental excess benefit arrangement out of the general assets of the employer. For administrative purposes, the employer may establish a grantor trust for the benefit of eligible members. The employer shall be treated as grantor of the trust for purposes of § 677 of the intemal revenue code. The rights of any person to receive benefits under the qualified government excess benefit arrangement are limited to those of a general creditor of the employer. , F. The terms and conditions contained in the plan, other than those relating to the benefit limitation imposed by § 415 of the intemal revenue code, apply, unless the terms and conditions are inconsistent with the purpose of the qualified government excess benefit arrangement. G. For the purposes of this section: 1. "intemal revenue code" has the same meaning prescribed in § 42-1001. 2. "Qualified govemmental excess benefit arrangement" means a portion of the plan if: (a) the portion is maintained solely to provide to members of the plan that part of a member's annual benefit that is otherwise payable under the terms of the plan and that exceeds the limitations imposed by § 415 of the intemal revenue code. (b) under that portion, a direct or indirect election to defer compensation is not provided at any time to the member. (c) excess benefits are not paid from a trust that is a part of the plan unless the trust is maintained solely for the purpose of providing excess benefits. Added by Laws 1997, Ch. 239, § 1; amended by Laws 1998, Ch. 1, § 111, effective January 1;, 1999. 38-804. MEmbershio• t rniination; rpinct t m nt of rP~~; nip .~.. A. All elected officials are members of the plan, except that a state elected official who is subject to term limits may elect not to participate in the plan. The state elected official who is subject to term limits shall Page 3 make the election in writing and file the election with the fund manager within thirty days after the state elected official assumes office. The election is effective on the first day of the state elected official's eligibility for that term of office. The election not to participate is specific for that term of office. If a state elected official who is subject to term limits fails to make an election as provided in this subsection, the state elected official is deemed to have elected to participate in the plan. The election not to participate in the plan is irrevocable and constitutes a waiver of all benefits provided by the plan for the state elected official's entire term, except for any benefits accrued by the state elected official in the plan for periods of participation prior to being elected to an office subject to term limits or any benefits expressly provided by law. The state elected official who elects not to participate in the plan shall participate in the Arizona state retirement system unless the state elected official makes an irrevocable election not to participate in the Arizona state retirement system as provided in § 38-727. B. If a member ceases to hold office for any reason other than death or retirement, within twenty days after filing a completed application with the fund manager, the member is entitled to receive the following amounts, less any benefit payments the member has received and any amount the member may owe to the plan: 1. If the member has less than five years of credited service with the plan, the member may withdraw the members accumulated contributions from the plan. 2. If the member has five or more years of credited service with the plan, the member may withdraw the member's accumulated contributions plus an amount equal to the amount determined as follows: (a) 5.0 to 5.9 years of credited service, twenty-five per cent of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A.. (b) 6.0 to 6.9 years of credited service, forty per cent of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A.. (c) 7.0 to 7.9 years of credited service, fifty-five per cent of all member contributions deducted from the member's salary pursuant to § 38-810, subsectiori'A.. (d) 8.0 to 8.9 years of credited service, seventy percent of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A.. (e) 9.0 to 9.9 years of credited service, eighty-five per cent of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A.. (f) 10.0 or more years of credited service, one hundred per cent of all member contributions deducted from the member's salary pursuant to § 38-810, subsection A.. C. If a member has more than ten years of credited service with the plan, leaves the monies prescribed in subsection B of this section on account with the plan for more than thirty days after termination of employment and after that time period requests a refund of those monies, the member is entitled to receive the amount prescribed in subsection B of this section plus interest at a rate determined by the fund manager for each year computed from and after the member's termination of employment. D. If the amount prescribed in subsection B or C of this section includes monies that are an eligible rollover distribution and the member elects to have the distribution paid directly to an eligible retirement plan or individual retirement account or annuity and specifies the eligible retirement plan or individual retirement account or annuity to which the distribution is to be paid, the distribution shall be made in the form of a direct trustee-to-trustee transfer to the specified eligible retirement plan. The distribution shall be made in the form and at the time prescribed by the fund manager. A member who receives the amount prescribed in subsection B or C of this section from the plan or who elects a transfer pursuant to this subsection forfeits the member's credited service and all rights to benefits under the plan and membership in the plan terminate. Page 4 E. If an elected official who has terminated the member's membership in the plan pursuant to subsection B of this section is subsequently elected or otherwise becomes eligible for membership in the plan pursuant to subsection A of this section, credited service only accrues from the date of the member's most recent eligibility as an elected official. F. Notwithstanding subsection E of this section, if an elected official files a written election form with the fund manager within ninety days after the day of the member's reemployment as an elected official and repays the amount previously withdrawn pursuant to subsection B or C of this section within one year after the date of the member's reemployment as an elected official, with interest on that amount at the rate of nine percent for each year, compounded each year from the date of withdrawal to the date of repayment, credited service shall be restored. Credited service shall not be restored until complete repayment is made to the fund. G. If a retired member subsequently becomes an elected official, contributions shall not be made by the retired member or the retired member's employer and credited service shall not accrue while the retired member is holding office. H. In addition to the provisions of subsection G of this section, if a retired member subsequently becomes, by reason of election or reelection, an elected official of the same office from which the member retired within a time period following the member's retirement that is less than one full term for that office, the member shall not receive a pension. If the elected official ceases to hold the same office, the elected official is entitled to receive the same pension the elected official was receiving when the elected official's pension was discontinued pursuant to this subsection. Nothing in this subsection prohibits a retired judge called by the supreme court to active duties of a judge pursuant to § 38-813 from receiving retirement benefits. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1990, Ch. 236, § 1, effective. May 16, 1990; Laws 1994, Ch. 356, § 21; Laws 1995, Ch. 135, § 1; Laws 1997, Ch. 127, § 2; Laws 1999, Ch. 327, § 19; Laws 1999 Ch. 329, § 2; Laws 2001, Ch. 62, §1, retroactively effective to September 1, 1999; Laws 2001, Ch. 280, § 4 and Ch. 380, § 9; Laws 2002, Ch. 335, § 1. 38-805. Normal stir _m nt and ^rly r tir mpnt n ncionc A. A member who ceases to hold office is eligible for a normal retirement pension, if the member satisfies one of the following requirements: 1. Has attained age sixty-five with five or more years of credited service. 2. Has attained age sixty-two with ten or more years of credited service. 3. Has twenty or more years of credited service. B. A member who has at least five years of credited service and ceases to hold office as an elected official may take early retirement. C. On normal or early retirement a retired member shall receive a pension computed pursuant to § 38-808, subsection B until the member's death. Added by Laws 1985, Ch. 309, § 4; Laws 1999, Ch. 329, § 3. 38-806. Di abili retir mPnt nensionc A. A member who becomes permanently mentally or physically incapacitated for the purpose of performing the duties of the member's office may receive disability retirement benefits if the fund manager finds that all of the following apply: 1. The member submits either personally or by a guardian an affidavit as to the nature of the member's incapacity. Page 5 2. The member is medically examined by a board of three physicians, one designated by the administrator of the fund, one designated by the member or the member's guardian and one designated by the governor. 3. The board of physicians certifies to the fund manager that the member is mentally or physically incapacitated for the purpose of performing the duties of the member's office, the member's incapacity is expected to be of an indefinite duration and the member should be retired. B. On retirement by reason of disability under this section, a retired member shall receive a pension computed pursuant to § 38-808, subsection B, paragraph 2 until the member's death or until the members pension is suspended, revoked or discontinued pursuant to this section. C. If the fund manager has reason to believe that a member, retired pursuant to this section but not yet eligible for normal retirement, may no longer be mentally or physically incapacitated from performing the duties of the public office from which the member retired, the fund manager may require such retired member to be medically examined. The examination shall be conducted by a board of three physicians, one designated by the administrator of the fund, one designated by the retired member or the member's guardian and one designated by the governor. D. The fund manager shall discontinue pension payments to a member retired pursuant to this section, if the board of physicians certifies that the member is mentally and physically capable of performing the duties of the public office from which the member retired. E. If the retired member refuses to submit to the medical examination, the administrator of the fund may suspend payment of the members pension until the member submits to the medical examination. If the retired member refuses for one year or more to submit to medical examination, the fund manager shall revoke the pension of a member retired under this section. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1991, Ch. 270, § 7. 38-807. Survivor oPncionc A. The surviving spouse of a retired member shall be paid a pension which terminates on the death of the surviving spouse if the retired member was married to the surviving spouse for at least two years. The surviving spouse's pension under this subsection is three-fourths of the amount the retired member was receiving at the time of the members death. B. The surviving spouse of an active or inactive member who dies before retirement shall be paid a pension which terminates on the death of the surviving spouse if the active or inactive member was married to the surviving spouse for at least two years. C. The surviving spouse's pension under subsection B of this section is three-fourths of the amount of pension computed according to § 38-808, subsection B, paragraph. 2 under the assumption that the member had retired for reason of disability immediately before death. D. If the deceased retired or active or inactive member does not have an eligible surviving spouse or the pension of the eligible surviving spouse is terminated, each surviving unmarried child of the deceased retired or active or inactive member shall be paid a pension which terminates on adoption or the attain- ment of age eighteen unless the child is a full-time student under the age of twenty-three or the child is under a disability which began before the child attained the age of twenty-three.. The amount of the pension of each surviving minor child of a deceased retired or active or inactive member is an equal share of the amount of the surviving spouse's pension. The surviving minor child's pension shall be paid to the person who is the legally appointed guardian or custodian of the eligible child. E. If a member dies and no pension is payable on account of the member's death, the deceased member's accumulated contributions shall be paid to the person or persons designated by the deceased member in writing and filed with the fund manager. If the designated person or persons do not survive the deceased member, the accumulated contributions shall be paid to the estate of the deceased member. Page 6 Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1990, Ch. 236, § 2, effective May 16, 1990; Laws 1994, Ch. 356, § 22; Laws 1997, Ch. 239, § 2; Laws 1999, Ch. 50, § 1. 38-808. Pension o._.ym _n c; comn~t^tion of Imo mtc; termination A. Plan retirement commences on the first day of the month following the date of the member's retirement or death. Pension payments shall be received on or about the first day of the month next following the member's plan retirement. The last pension payment shall be made as of the last day of the month in which the death of the retired member or the surviving spouse or minor children occurs. Pension payments shall not be made in advance. B. The monthly pension shall be equal to one-twelfth of the following amount: 1. Four per cent of the members average yearly salary multiplied by the member's credited service, not to exceed eighty per cent of the member's average yearly salary. This amount shall be reduced if the member takes early retirement pursuant to § 38-805, subsection B. The amount of reduction is three-twelfths of one per cent for each month the retired member's early retirement age precedes the member's normal retirement age pursuant to § 38-805, subsection A, except that the reduction shall not be more than thirty per cent. 2. A member who meets the requirements for a disability retirement pension shall receive a disability pension equal to four per cent of the members average yearly salary multiplied by twenty years of credited service if the member has ten or more years of credited service, four per cent of the mem- ber's average yearly salary multiplied by ten years of credited service if the member has five or more years of credited service but fewer than ten years of credited service or four per cent of the member's average yearly salary multiplied by five years of credited service if the member has fewer than five years of credited service. C. If all pension payments terminate before an amount equal to the member's accumulated contributions has been paid, the difference between the members accumulated contributions and the aggregate amount of pension payments shall be paid to the person or persons and in such shares as designated by the retired member in writing and filed with the fund manatJer. If the designated person or persons do not survive the retired member, the difference shall be paid to the estate of the retired member. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1987, Ch. 146, § 3; Laws 1988, Ch. 253, § 1, effective. June 29, 1988; Laws 1990, Ch. 236, § 3, effective. May 16, 1990; Laws 1991, Ch. 270, § 8; Laws 1994, Ch. 207, § 3; Laws 1999, Ch. 329, § 4. 38-809. Correction of nencion hymen rrorc; ^cclgnm n nrohihit~;, I'~ab~'I'ty A. If the plan has made pension payments based on incorrect information and a person or an estate has been paid more than or less than would have been paid if the information had been correct, the fund manager shall adjust future payments so that the proper amount is paid. The adjustment may be made in such a manner that the equivalent actuarial present value of the benefit to which the person or estate is correctly entitled is paid. B. Notwithstanding any other statute, benefits, member contributions or .court fees including interest earnings and all other credits payable under the plan are not subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, before actually being received by the person entitled to the benefit, contribution, eaming or credit under the terms of the plan, and any attempt to dispose of any right under the terms of the plan as proscribed in this subsection is void. The fund is not liable for or subject to the debts, contracts, liabilities, enlargements or torts of any person entitled to a benefit, contribution, eaming or credit under the terms of the plan. Page 7 C. Nothing in this section exempts employee benefits of any kind from a writ of attachment, a writ of execution, a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1994, Ch. 356, § 23. 38-810. Contrib~tion~c, A. Each member shall contribute to the fund an amount equal to seven per cent of the member's gross salary. Contributions of members shall be made by payroll deductions. Every member is deemed to consent to these deductions. Payment of a member's compensation, less these payroll deductions, constitutes a full and complete discharge and satisfaction of all claims and demands by the member relating to remuneration for the members services rendered during the period covered by the payment, except with respect to the benefits provided under the plan. B. The fund manager's office shall be credited monthly with monies collected pursuant to § 12-119.01, subsection B, paragraph 2, § 12-120.31, subsection D, paragraph 2 and § 12-284.03, subsection A, paragraph 6. The monies credited to the fund pursuant to this subsection shall be deposited in the fund on a monthly basis, and there shall be a complete accounting of the determination of these monies deposited in the fund. C. As determined by actuarial valuations performed by the plan's actuary, each employer shall make level per cent compensation contributions sufficient under the actuarial valuation to meet both the normal cost plus the actuarially determined amount required to amortize the unfunded accrued liability over a rolling twenty year period beginning on July 1, 1997, except that, beginning with fiscal year 2001-2002, the employer contribution rate shall not be less than two per cent of salary. The monies deposited in the fund pursuant to subsection B of this section shall be used to reduce the contributions required of state and county employers only. Employers that entered the system under a joinder agreement shall also contribute an amount equal to the unfunded accrued liability for that employer. The unfunded liability for each new employer shall be actuarially determined by the plan's actuary as of the effective date of participation of each employer and shall be payable on the effective date of participation. D. The department of administration and the treasurer of each county and participating city and town shall transfer to the fund manager the contributions provided for in subsections A and C of this section within ten working days after each payroll date. The state, county treasurers and clerks of the superior court shall transfer the monies credited under subsection B of this section to the fund manager on or before the fifteenth day of each calendar month that follows the month in which the court fees were collected. Contributions and monies credited under subsection B of this section and transferred after these dates shall include a penalty equal to ten per cent per annum, compounded annually, for each day that the contributions or monies credited under subsection B of this section are late. Delinquent payments due under this subsection, together with interest charges as provided in this subsection and court costs, may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or, at the request of the fund manager, may be deducted from any other monies including excise revenue taxes payable to a political subdivision by any department or agency of this state. If requested by the fund manager, the state, county treasurers or clerks of the superior court shall transfer the monies credited under subsection B of this section, in a amount determined by the fund manager, directly to the qualified governmental excess benefit arrangement established pursuant to section 38- 803.01. E. The employer shall pay the member contributions required of members on account of compensation earned after August 7, 1985. The paid contributions shall be treated as employer contributions for the purpose of determining tax treatment under the United States Internal Revenue Code. The effective date of the employer payment shall not be before the date the retirement plan has received notification from the United States Internal Revenue Service that pursuant to § 414(h) of the United States Internal Revenue Code the member contributions paid will not be included in gross income for income tax purposes until the paid contributions are distributed by refund or pension payments. The employer shall Page 8 pay the member contributions from monies established and available in the retirement deduction account, which monies would otherwise have been designated as member contributions and paid to the retirement plan. Member contributions paid pursuant to this subsection shall be treated for all other purposes, in the same manner and to the same extent, as member contributions made before August 7, 1985. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1987, Ch. 146, § 4; Laws 1989, Ch. 297, § 2, effective. June 28, 1989; Laws 1989, Ch. 310, § 6; Laws 1990, Ch. 365, § 25; Laws 1991, Ch. 109, § 5, effective October 1, 1991; Laws 1996, Ch. 145, § 15; Laws 1996, Ch. 201, § 7; Laws 1997, Ch. 79, § 34, effective January 1, 1998; Laws 1997, Ch. 239, § 3; Laws 1998, Ch. 138, § 2; Laws 2000, Ch. 126, §2. 38-810.01. Internal R vpn ~ rod n~alific^+ion The legislature intends that the plan is a qualified pension plan under § 401 of the Internal Revenue Code, as amended, or successor provisions of law, and that the trust is exempt from taxation under § 501 of the Internal Revenue Code as amended. The assets of the fund are held in trust for the exclusive benefit of the members and beneficiaries of the plan. The fund manager may adopt such additional provisions to the plan as are necessary to fulfill this intent. Added by Laws 2000, Ch. 126, § 3, retroactively effective to from and after August 6, 1985. 38-810.02. Stat~torv conctr ~ tion A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial integrity of the plan, the legislature intends that the plan as enacted at a particular time be construed and applied as a coherent whole and without reference to any other provision of the plan in effect at a different time. B. The plan was established in order to provide a uniform, consistent and equitable statewide program for those eligible elected officials as defined by the plan. A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits. An eligible claimant's right to befits vests on the date of the member's application for those benefits or the member's last day of employment under the plan, whichever occurs first. Added by Laws 2000, Ch. 126, § 3, retroactively effective to from and after August 6, 1985. 38-811. Taxation of ben fits; x mption of contributionc ann ~o~„r,+ The member and employer contributions and the securities in the fund are exempt from state, county and municipal taxes. Member and employer contributions that are made to and subsequently withdrawn from the fund after December 31, 1974 by a member from the accounts of the plan and are not received as benefits from the plan and benefits, annuities and pensions received by a member from the plan after December 31, 1988 are subject to state taxes pursuant to title 43. Added by Laws 1985, Ch. 309, § 4. Amended by Laws 1989, Ch. 312, § 8. 38-812. ~j,~m ann~,al oencionc, limit ~' .,~ ~ ~~ A. The maximum annual pension, financed by monies other than the member's contributions to the plan, payable by the elected officials' retirement plan shall not exceed ninety thousand dollars. B. The limitations of subsection A are subject to the following conditions: 1. The maximum annual pension applies to a single life pension which is the actuarial equivalent of the pension paid by the plan. 2. If payment begins before the member is sixty-two, the maximum annual pension applies to an actuarially equivalent amount of pension beginning at age sixty-two. The actuarially equivalent Page 9 amount shall not be less than seventy-five thousand dollars if payment commences on or after the member reaches age fifty-five. If payment commences before age fifty-five, the maximum is the actuarial equivalent of a seventy-five thousand dollar pension commencing at age fifty-five. 3. If payment begins after the member reaches age sixty-five, the ninety thousand dollar limit shall be increased to the actuarial equivalent of a ninety thousand dollar limit at age sixty-five. 4. If the member has fewer than ten years of service, the applicable maximum annual pension shall be multiplied by a fraction of which the numerator is the member's service and the denominator is ten. 5. The maximum amounts of ninety thousand dollars and seventy-five thousand dollars shall be increased as permitted by law to reflect cost of living adjustments. 6. Actuarial equivalents shall be determined using an interest rate of five per cent a year, compounded yearly, and the 1971 group annuity mortality table. C. Notwithstanding the provisions of subsection A, the pension payable under this plan may be reduced to the extent necessary, as determined by the plan, to prevent disqualification of the plan under § 415 of the Internal Revenue Code which imposes additional limitations on the pension payable to members who also may be participating in another tax qualified pension, profit sharing, savings or stock bonus plan of this state. The plan shall advise affected members of any additional limitation of their pension required by this subsection. Added by Laws 1985, Ch. 309, § 4; Laws 1997, Ch. 239, § 4. 38-813. Availability of retired j~9es for cart^in I gal c rvi s, c°mnencation A. Every judge retired under this plan may, if physically and mentally able, be subject to call by the supreme court or the chief justice of the supreme court to assist the supreme court, court of appeals or superior court under such directions as the su reme court ma p y give, including the examination of the facts in cases before the court, the examination of authorities cited and the preparation of opinions for and on behalf of the court. The court may order these opinions, to the extent approved by the court, to constitute the opinion of the court. The refired judge may, subject to any rule which the supreme court adopts, perform any duties preliminary to the final disposition of cases insofar as they are not inconsistent with the constitution of this state. B. Notwithstanding any provision of law to the contrary, a retired judge who is temporarily called back to the active duties of a judge is entitled to receive the same compensation and expenses as other like active judges less any amount received for that period in retirement benefits. Added by Laws 1985, Ch. 309, § 4. 38-814. Termination of Ian A. If the plan terminates, each member's accrued benefits to the date of termination become one hundred per cent nonforfeitable to the extent funded. After provision is made for all expenses of the plan, including expenses of liquidation, the assets of the plan shall be allocated by the payment or provision for the payment of benefits in the following order of preference: 1. To pay each elected official and nonretired former elected official an amount equal to his accumulated contributions. 2. To continue to pay pensions to retired members or their beneficiaries. 3. To provide for potential rights of elected officials and former elected officials on an equitable and nondiscriminatory basis according to generally accepted actuarial principles. 4. To pay any excess to this state. Page 10 B. The allocations in subsection A may be implemented through the existing trust, a new trust instrument for that purpose or the purchase by the fund manager of insurance company contracts, or by a i combination of these methods. An elected official has no rights or claims on the plan or this state ! beyond the capacity of the assets held by the fund manager to provide benefits in accordance with subsection A. C. If the allocations produce a pension of less than twenty-five dollars per month for any person, the fund manager may pay a lump sum of actuarial equivalent value in lieu of the pension. Added by Laws 1985, Ch. 309, § 4. 38-815. Joinder ayrPpm~nt A. Elected officials of an incorporated city or town may participate in the plan if the governing body of the city or town enters into a joinder agreement with the fund manager on behalf of its elected officials and the employer unconditionally accepts the provisions of the plan and binds its elected officials thereto. All elected officials shall be designated for membership unless written consent to the contrary is obtained from the fund manager. A member shall be qualified for participation in order to obtain written consent to the contrary from the fund manager. B. The effective date of participation shall be specifically stipulated in the joinder agreement. C. Any city or town which is considering participation in the plan shall request a preliminary actuarial survey to determine the estimated cost of participation, the benefits to be derived and such other information as maybe deemed appropriate. The cost of such survey shall be paid by the city or town requesting it. D. All assets under any existing public employee defined benefit retirement program, to the extent attrib- utable to the city's or town's elected officials, shall be transferred from the program to this fund no later than sixty days after the city's or town's effective date of participation. That portion of the transferred assets which is attributable to the elected official's contributions, including interest credits thereon, shall be properly allocated to each affected elected offiaal of the city or town and credited to the elected official's accumulated contributions, in accordance with a schedule furnished by the city or town to the fund manager. Added by Laws 1987, Ch. 146, § 5; Amended by Laws 1997, Ch. 239, § 5; Laws 2001, Ch. 280 § 5 and Ch. 380, § 10. 38-816. Redemo ion of rlrier_ cp ~;~e A. Any present active elected official who had previous service in this state as an elected official with an employer now covered by the plan before the effective date of participation and who has received a refund from a prior retirement system or plan on termination of employment before the elected official's application for redemption of prior service or who was not covered by a retirement system or plan during the elected official's prior elected official service may elect to redeem any part of the prior service by paying into the fund any amounts required under subsection B of this section. Any present active elected offiaal who has previous service as an elected official of this state or a city, town or county of this state and who was not covered by a retirement system or plan during that service whether or not the city, town or county is an employer now covered by the plan may elect to redeem any part of the prior service by paying into the fund any amounts required under subsection B of this section. B. Any present active elected official who elects to redeem any part of the prior service for which the elected official is deemed eligible by the fund manager under this section shall pay into the plan the amounts previously withdrawn by the elected official as a refund of the elected official's accumulated contributions, if any, plus the additional amount, if any, that is computed by the plan's actuary and that is necessary to equal the increase in the actuarial present value of projected benefits resulting from the Page 11 redemption calculated using the actuarial methods and assumptions adopted by the fund manager in accordance with § 38-803, subsection A, paragraph 2. C. Upon approval by the governing body of an incorporated city or town which executes a joinder agreement under § 38-815, the city or town may pay into the fund all or any part of the amount sufficient to provide retirement benefits for elected officials or former elected officials for the time of service as an elected official of the city or town prior to the joinder agreement if no retirement benefits were in effect for elected officials during the time of service being redeemed under this section. Added by Laws 1987, Ch. 146 § 5; Laws 1999, Ch. 329, § 5. 38-817. Grose health and accid _nt ov rase for retirP~ m mhnrc .,~".,,o ,. ,, ~ --._--~.ii~, A. The fund manager shall pay from the assets of the fund part of the single coverage premium of any group health and accident insurance for each retired member or survivor of the elected officials' retirement plan who receives a pension if the retired member had eight or more years of credited service under the plan. In order to qualify for payment pursuant to this subsection, the retired member or survivor shall elect single coverage and must have elected to participate in the coverage provided in § 38-651.01 or 38-782 or any other health and accident insurance coverage provided or administered by a participating employer of the elected officials' retirement plan. The fund manager shall pay up to: 1. One hundred fifty dollars per month for each retired member or survivor of the plan who is not eligible for medicare. 2. One hundred dollars per month for each retired member or survivor of the plan who is eligible for medicare. B. The fund manager shall pay from the assets of the fund part of the family coverage premium of any group health and accident insurance each month for a benefit recipient who elects family coverage and who otherwise qualifies for payment pursuant to subsection A of this section. The fund manager shall pay up to: 1. Two hundred sixty dollars per month if the retired member or survivor of the plan and one or more dependents are not eligible for medicare. 2. One hundred seventy dollars per month if the retired member or survivor of the plan and one or more dependents are eligible for medicare. 3. Two hundred fifteen dollars per month if either. (a) The retired member or survivor of the plan is not eligible for medicare and one or more dependents are eligible for medicare. (b) The retired member or survivor of the plan is eligible foe medicare and one or more dependents are not eligible for medicare. C. Each refired member or survivor of the plan with less than eight years of credited service and a dependent of such a retired member or survivor who participates in the coverage provided by § 3g_ 651.01 or 38-782 or who participates in any other health and accident insurance coverage provided or administered by a participating employer of the plan is entitled to receive a proportion of the full benefit prescribed by subsection A or B of this section according to the following schedule: 1. 7.0 to 7.9 years of credited service, ninety per cent. 2. 6.0 to 6.9 years of credited service, seventy-five per cent. 3. 5.0 to 5.9 years of credited service, sixty percent. 4. Those with less than five years of credited service do not qualify for the benefit. Page 12 D. The fund manager shall not pay more than the amount prescribed in this section for a benefit recipient as a member or survivor of the plan. E. Through June 30, 2003, the fund manager shall pay an insurance premium benefit for each retired member or survivor of the plan who is entitled to a premium benefit payment pursuant to subsection A of this section and who lives in a nonservice area as follows: 1. Up to three hundred dollars per month for a retired member or survivor of the plan who is not eligible for medicare and who has eight or more years of credited service. 2. Up to one hundred seventy dollars per month for a retired member or survivor of the plan who is eligible for medicare and who has eight or more years of credited service. F. Through June 30, 2003, the fund manager shall pay an insurance premium benefit for a retired member or survivor of the plan who is entitled to a premium benefit payment pursuant to subsection B of this section and who lives in a nonservice area as follows: 1. Up to six hundred dollars per month if the retired member or survivor of the plan and one or more dependents are not eligible for medicare. 2. Up to three hundred fifty dollars per month if the retired member or survivor of the plan and one or more dependents are eligible for medicare. 3. Up to four hundred seventy dollars per month if either: (a) the retired member or survivor of the plan is not eligible for medicare and one or more dependents are eligible for medicare. (b) the retired member or survivor of the plan is eligible for medicare and one or more dependents are not eligible for medicare. G. A retired member or survivor of the plan who is enrolled in a managed care program in a nonservice area is not eligible for the payment prescribed in subsection ~ or F of this section if the member terminates coverage under the managed care program. H. Through June 30, 2003, a retired member or survivor of the plan may elect to purchase individual health care coverage and receive a payment pursuant to this section through the retired member's employer if that employer assumes the administrative functions associated with the payment, including verification that the payment is used to pay for health insurance coverage if the payment is made to the retired member or survivor of the plan. For the purposes of this section, "nonservice area" means an area in this state in which the Arizona state retirement system pursuant to section 38-782, the department of administration pursuant to section 38-651.01 or the member's or survivor's participating employer does not provide or administer a health care services organization program, excluding any preferred provider organization program or individual health indemnity policy, for which the retired member or survivor of the plan is eligible. Added by Laws 1990, Ch. 236, § 4, effective. May 16, 1990; Amended by Laws 1997, Ch. 127, § 3; Laws 1997,Ch. 239, § 6; Laws 2001, Ch. 376, § 2; Laws 2001, Ch. 383, § 2. 38-818. BenPfrt in r _=cPc A. Effective July 1 of each year, each retired member or survivor of a retired member is entitled to receive a permanent increase in the base benefit equal to the amount determined pursuant to this section if either: 1. The retired member or survivor of a retired member was receiving benefits on or before July 31 of the two previous years. Page 13 2. The retired member or survivor of a retired member was fifty-five years of age or older on July 1 of the current year and was receiving benefits on or before July 31 of the previous year. B. The monthly amount of a permanent increase provided by subsection A is determined as follows: 1. Determine the excess investment eamings on the actuarial present value of pensions in payment status. 2. Determine the actuarial present value, as of June 30 of the preceding calendar year, of a one-half per cent per month increase in the amount of each pension eligible for an increase. 3. Divide the amount determined in paragraph 1 of this subsection by the amount determined in paragraph 2 of this subsection. 4. From the quotient obtained in paragraph 3 of this subsection, drop any fraction. 5. Multiply the number obtained in paragraph 4 of this subsection by one-half of one per cent. C. The excess investment eamings of pensions in payment status are equal to the actuarial present value of pensions in payment status multiplied by the positive difference, if any, between the total return of the plan and nine per cent. The excess investment eamings on pensions in payment status are zero if the total return of the plan is less than or equal to nine per cent. D. As used in this section, total return and the actuarial present value of pensions in payment status are the amounts published in the annual report of the plan for the fiscal year ending June 30 of the calendar year preceding the July 1 of the increase. E. All excess investment eamings on pensions in payment status are available for benefit increases as provided in this section. Any excess investment eamings on pensions in payment status from any year which are not used for benefit adjustments for that year are available for future benefit increases in the following years. Earnings on the excess investment eamings on pensions in payment status account balance at the rate of the total return as published in the annual report of the plan shall be added each year to the excess investment eamings on pensions in payment status account balance and shall be available for future benefit increases. F. The maximum benefit increase under this section is limited to four per cent of the benefit being received on the preceding June 30. Added by Laws 1990, Ch. 236, § 4, effective. May 16, 1990. Amended by Laws 1994, Ch. 356, § 24; Laws 1996, Ch. 198, § 1, effective retroactively to July 1, 1996; Laws 1998, Ch. 264, § 1; Laws 1999, Ch. 50, § 2, retroactively effective to July 1, 1999. 38-819. ~m c ~m p3ym nt of b n fit in rP~,~ Notwithstanding any provision of this article, the fund manager, at the request of a retired member, a survivor or the retired member's or survivor's guardian or conservator, may pay any increase in retirement benefits pursuant to this article in a lump sum payment based on the actuarial present value of the increase in the retirement benefits if the payment of the increase in retirement benefits would result in ineligibility for, reduction of or elimination of social service programs provided to the retired member or survivor by this state, a political subdivision of this state or the federal government. Added by Laws 1992, Ch. 43, § 1, effective. April 27, 1992. 38-820. ~lational ouard or recervP memb rc; crPAlt for milit ry cPrvi~g, ~~ent of contrih~~t~nn~ durm~ actw - mihtanr c _rvi _ _ A. A member of the plan may receive credited service for active military service if: 1. The member was honorably separated from the military service. Page 14 2. The period of military service for which the member receives credited service does not exceed forty- eightmonths. 3. The period of military service for which the member receives credited service is not on account with any other retirement system. B. Except as provided in subsection C, the cost to the member to purchase military credited service pursuant to this section is the amount necessary to equal the increase in the actuarial present value of projected benefits resulting from the credit. C. For a period of time of active military service but for not more than forty-eight months, an employer shall make employer contributions and member contributions for a person who was an active member of the plan on the day before the person began active military service, who satisfies the requirement of subsection A, paragraph 3 and who satisfies the following requirements: 1. Is a member of the Arizona national guard or is a member of the reserves of any military establishment of the United States. 2. Volunteers or is ordered into active military service of the United States as part of a presidential Gall- up. 3. Is honorably separated from active military service and retums to employment for the same employer from which the person left for active military service within ninety days after the date active military service is terminated or is hospitalized as a result of military service and retums to employment for the same employer from which the person left for active military service within ninety days after release from service related hospitalization or dies as a result of the military service. D. Contributions made pursuant to subsection C shall be for the period of time beginning on the date the • member began active military service and ending on one of the following dates: 1. The date the member is separated from active military service. 2. The date the member is released from service related hospitalization or one year after initiation of service related hospitalization, whichever date is earlier. 3. The date the member dies as a result of active military service. E. Notwithstanding any other law, on payment of the contributions made pursuant to subsection C, the member shall be credited with service for retirement purposes for the period of time of active military service of not more than forty-eight months. F. The employer shall make contributions pursuant to subsection C based on the salary being received by the member immediately before the member volunteered or was ordered into active military service in a lump sum and without penalty when the member retums to employment or on receipt of the member's death certificate. If a member suffers a service related death, the employer shall make the employer and member contributions up to and including the date of the member's death. Death benefits shall be calculated as prescribed by law. G. Service credits for active military service shall not be applied to the member's account until such time as complete payment as determined in either subsection B or C is made to the retirement plan. H. A member shall submit a copy of the military discharge certificate (DD-256A) and a copy of the military service record (DD-214) or its equivalent with the member's application when applying for credited service for active military service, except that members of the Arizona National Guard and military reserves ordered into active military service as part of a presidential call-up are only required to submit a copy of the military service record (DD-214) or its equivalent. i Page 15 I. Notwithstanding any other law, the member is not required to reimburse the member's employer or the plan for any contribution made pursuant to subsection C. Added by Laws 1994, Ch. 207, § 4; Laws 1995, Ch. 205, § 2. 38-821. Charter _itv r__ tirPmQnt c~~ctom Gp~,l p rrpriitc t~~.,~s A. A member of a charter city retirement system who is an elected official may apply for a transfer of service credits from the charter city retirement system to the elected officials' retirement plan pursuant to this section if all of the following conditions are met: 1. The member initiates the transfer by making written application to the elected officials' retirement plan. 2. The charter city retirement system and the elected officials, retirement plan agree regarding the terms of the transfer. 3. The transfer does not cause either the charter city retirement system or the elected officials' retirement plan to incur any unfunded accrued liabilities as a result of the transfer. B. Service credits qualified in accordance with subsection A may be transferred or redeemed in accordance with the following: 1. ff a member's contributions remain on deposit with the charter city retirement system. The following shall be calculated: (a) the charter city retirement system shall calculate the amount equal to the actuarial present value of a member's projected benefits under the charter city retirement system as calculated by the system's actuary using the actuarial method and assumptions recommended by the system's actuary and based on the transferring member's service credits at the time of transfer. (b) the elected officials' retirement plan shall calculate the increase in the actuarial present value of the projected benefits provided as a result of the transfer of the member's service credits. This calculation shall be performed by the plan's actuary using the actuarial method and assumptions recommended by the plan's actuary and based on the transferring member's service credits at the time of transfer. 2. If a member decides to transfer: (a) if the amount calculated in paragraph 1, subdivision (b) of this subsection is greater than the amount calculated in paragraph 1, subdivision (a) of this subsection: (i) the charter city retirement system shall transfer to the elected officials' retirement plan the greater of the amount calculated in paragraph 1, subdivision (a) of this subsection or the member's accumulated contribution account balance. (ii) if the amount transferred is less than the amount calculated under paragraph 1, subdivision (b) of this subsection, the transferring member shall elect either to pay the difference or to accept a reduced transfer of service credits. If the member elects to pay the difference, the amount paid shall be added to the member's accumulated contribution account balance. If the member elects to accept a reduced transfer of service credits, the amount of service credits transferred shall be equal to the amount of service credits used in making the calculation under paragraph 1, subdivision (a) of this subsection multiplied by the ratio of the amount calculated under paragraph 1, subdivision (a) of this subsection to the amount calculated under paragraph 1, subdivision (b) of this subsection. • Page 16 V (b) if the amount calculated in paragraph 1, subdivision (b) of this subsection is less than or equal to the amount calculated in paragraph 1, subdivision (a) of this subsection, the charter city retirement system shall transfer to the elected officials' retirement plan the greater of the amount calculated in paragraph 1, subdivision (b) of this subsection or the member's accumulated contribution account balance. 3. If an applicant has withdrawn member contributions from the charter city retirement system, the applicant shall pay into the elected officials, retirement plan an amount equal to the increase in the actuarial present value of the projected benefits provided by the service credits being redeemed and this amount shall be included in the member's current accumulated contribution account balance. The actuary of the elected officials' retirement plan shall perform this calculation using the actuarial method and assumptions the actuary recommends. C. Service credits shall not be applied to the applicant's account until complete payment is made to the elected officials' retirement plan. On completion of the transfer provided for in this section, the member's rights in the charter city retirement system are extinguished. Added by Laws 1999, Ch. 327, § 20. • C Page 17 ELECTED OFFICIALS' RETIREMENT PLAN RELATED STATUTES 12-119.01. SIIDr .m _o art f ps; distrib rtion B. The clerk of the supreme court shall transmit monthly to the state treasurer all of the monies collected pursuant to subsection A of this section. The state treasurer shall deposit all of the monies received pursuant to this subsection as follows: 1. 27.78 per cent in the judicial collection enhancement fund established by § 12-113 2. 26.00 per cent in the elected officials' retirement plan fund established by § 38-802. The monies shall be transmitted to the fund pursuant to § 38-810. 3: 46.22 per cent in the state general fund. Amended by Laws 1997, Ch. 79, § 9, eff. Jan. 1, 1998. 12-120.31. Fees and osts; distrib ~ ion D. Excluding the monies that are retained pursuant to subsection C of this section, the clerk of the court of appeals shall transmit monthly to the state treasurer all monies collected pursuant to subsection A of this section. The state treasurer shall deposit all of the monies received pursuant to this subsection as follows: 1. 19.42 per cent in the judicial collection enhancement fund established by § 12-113. 2. 26.00 per cent in the elected officials' retirement plan fund established by § 38-8012. The monies shall be transmitted to the fund pursuant to § 38-810. 3. 46.22 per cent in the state general fund. Amended by Laws 1995, Ch. 113, § 3, eff. April 17, 1995; Laws 1997, Ch. 79, § 11, eff. Jan. 1, 1998. 12-284.03. Distribution of f pc A. Beginning on January 1, 1998, excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to § 12-284, subsection K as follows: 1. 1.31 per cent to the state treasurer for deposit in the drug and gang enforcement account established by § 41-2402 for the purposes of § 41-2402, subsection H. 2. 8.87 per cent to the state treasurer for deposit in the domestic violence shelter fund established by § 36-3002. , 3. 1.93 per cent to the state treasurer for deposit in the child abuse prevention fund established by § 8-550.01. 4. (n the county law library fund established pursuant to § 12-305, the following percentages: (a) 7.62 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons according to the most recent United States decennial census, or (b) 15.30 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less according to the most recent United States decennial census. 5. 0.35 per cent to the state treasurer for deposit in the alternative dispute resolution fund established by § 12-135. Page 18 6. To the elected officials' retirement plan fund established by § 38-802, the following percentages, which shall be distributed to the fund pursuant to § 38-810. (a) 23.79 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons according to the most recent United States decennial census, or (b) 15.30 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less according to the most recent United States decennial census. 7. 17.07 per cent to the state treasurer for deposit in the judicial collection enhancement fund established by § 12-113. 8. 0.26 per cent to the state treasurer for deposit in the confidential intermediary and private fiduciary fund established by § 8-135. 9. In the county general fund, the following percentages: (a) 31.29 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons according to the most recent united states decennial census. (b) 32.10 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less according to the most recent united states decennial census. B. 7.51 per cent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by § 12-116, subsection B. Amended by Laws 1999, Ch. 346, § 9. 38-651.01. ~rouo health and a _ id nt ov rage for r it d n~blic em~loyePS and elect n ofii ~~IS and th _ir d -pendants A. The department of administration shall, by rule, adopt standards to establish group health and accident coverage for former employees who worked for the state of Arizona and who opt upon retirement to enroll or continue enrollment in the group health and accident coverage for active employees working for the state of Arizona, or disabled, and receiving either income from a retirement program of this state or long-term disability income benefits pursuant to § 38-651.03 or chapter 5, article 2.1 of this title and their dependents and to establish eligibility for retired or disabled state employees to participate in the coverage. The department of administration may adopt rules which provide that if a retired or disabled insured dies before an insured surviving dependent, the insured surviving dependent is entitled to extended coverage at group rates if the insured surviving dependent elects ,to continue in the coverage within six months of the retired or disabled insured's death and the insured surviving dependent agrees to pay the cost of the premium for group health and accident insurance. Upon notification of the retired or disabled insured's death, the department of administration shall immediately notify an insured surviving dependent of the provisions of this section. The department of administration may enter into agreements with disabled former state employees and their dependents who elect to obtain the coverage provided by this section. The agreements may include provisions for the payment of amounts sufficient to pay for the premium and administrative expense of providing the coverage. The department of administration may adopt rules which provide that upon the death of a state employee who at the time of death was eligible for normal retirement pursuant to § 38-781.07 under the Arizona state retirement plan, the insured surviving spouse and eligible dependent children are entitled to continue coverage under group rates provided that the deceased insured state employee, spouse and dependent children were insured at Page 19 the time of the employee's death. The insured surviving spouse shall be charged an amount sufficient to pay the full premium for the coverage. B. The department of administration may, by rule, adopt standards to establish group health and accident coverage for former elected officials of this state or its political subdivisions and their dependents and to establish eligibility for former elected officials to participate in the coverage. Qualifications for eligibility shall include that the former elected official has at least five years of credited service in the elected officials' retirement plan pursuant to chapter 5 of this title, had been covered under a group health or group health and accident plan while serving as an elected official and had been serving as an elected official on or after January 1, 1983. The department of administration may adopt rules which provide that upon the death of an elected official or insured former elected official, the insured surviving spouse is entitled to coverage at group rates provided that the deceased insured former elected official met or would have met the qualifications for eligibility pursuant to this subsection or that the deceased elected official would have met the qualifications for eligibility had the deceased not been in office at the time of death. Except as provided in subsection J of this section, the insured former elected official or the insured surviving spouse shall be charged amounts which are sufficient to pay for the premium and state administrative expense of providing the coverage. Notwithstanding subsection J of this section, the standards shall provide that all or any portion of the former state employees or former elected officials or their dependents shall be grouped with officers and employees of the state and its departments and agencies or their dependents as necessary to obtain health and accident coverage at favorable rates. C. The state retirement system board may enter into agreements with retired and disabled state employee members of the system and plan who elect to obtain the coverage provided pursuant to subsection A of this section. The agreements may include provision for the deduction from the retirement benefits of participants of a retirement program of this state who elect to obtain the coverage of amounts sufficient to pay for the premium not covered under retirement benefits and state administrative expense of providing the coverage. D. Retired state employee or disabled state employee members of the public safety personnel retirement system, the elected officials' retirement plan, the corrections officer retirement plan or the optional retirement programs authorized pursuant to § 15-1628 who opt upon retirement to enroll or continue enrollment in the group health and accident coverage for active employees working for the state of Arizona and their dependents and who are receiving benefits from the public safety personnel retirement system, the elected officials' retirement plan, the corrections officer retirement plan or the optional retirement programs authorized pursuant to § 15-1628 may participate in group health and accident coverage provided pursuant to this section. The department of administration shall adopt rules which are necessary for the implementation of this subsection. E. The fund manager of the public safety personnel retirement system may enter into agreements with retired state employee members and their dependents who elect to obtain the coverage provided pursuant to this section. The agreements may include provision for the deduction from the retirement benefits of participants of a retirement program of this state who elect to obtain such coverage of amounts sufficient to pay for the premium not covered under retirement benefits and state administrative expense of providing the coverage. F. The fund manager of the public safety personnel retirement system may enter into agreements with retired judges and retired elected officials and their dependents who elect to obtain the coverage provided pursuant to this section. The agreements may include provision for the deduction from the retirement benefits of participants of a retirement program of this state who elect to obtain the Page 20 coverage of amounts sufficient to pay for the premium not covered under retirement benefits and state administrative expense of providing the coverage. G. The fund manager of the public safety personnel retirement system may contract with an insurance carrier and adopt standards to establish a group health and accident insurance coverage program for retired members of the public safety personnel retirement system, their dependents and their spouses. Any members or spouses who elect to obtain the group health and accident coverage provided under this subsection shall agree to a deduction from their monthly retirement benefits of an amount sufficient to pay for the premium not covered under retirement benefits and administrative expense of providing the coverage. H. A county board of supervisors may enter into agreements to establish group health and accident coverage for retired or disabled county employees and their dependents who elect to obtain the coverage provided pursuant to § 11-263, subsection B. The agreements may include provision for the deduction from the retirement benefits of participants of a retirement program of this state who elect to obtain the coverage of amounts sufficient to pay for the premium not covered under retirement benefits and the administrative expense of providing for the coverage. Nonmedicare eligible retirees who live in this state, who enroll in a qualifying plan under this section and who reside outside the area of a qualifying health maintenance organization shall be offered the option to enroll with a qualified health maintenance organization offered through their provider under the same premiums as if they lived within the area boundaries of the qualified health maintenance organization provided that: 1. All medical services are rendered and received at an office designated by the qualifying health maintenance organization or at a facility referred by the health maintenance organization. 2. All nonemergency or nonurgent travel, ambulatory and other expenses from the residence area of the retiree to the designated office of the qualifying- health maintenance organization or the facility referred by the health maintenance organization are the responsibility of and at the expense of the retiree. 3. All emergency or urgent travel, ambulatory and other expenses from the residence area of the retiree to the designated office of the qualifying health maintenance organization or the facility referred by the health maintenance organization shall be paid pursuant to any agreement between the health maintenance organization and the retiree living outside the area of the qualifying health maintenance organization. J. Public funds shall not be expended to pay all or any part of the premium of the insurance pursuant to this section except for monies authorized to be paid for any insured from the retirement plan which the insured is receiving benefits. Added by Laws 1976, Ch. 117, § 1. Amended by Laws 1977, Ch. 163, § 2, effective. June 6, 1977; Laws 1979, Ch. 96, § 1; Laws 1980, Ch. 153, § 2; Laws 1981, Ch. 271, § 2, effective. April 27, 1981; Laws 1983, Ch. 98, § 106; Laws 1983, Ch. 300, § 1; Laws 1984, Ch. 246, § 2; Laws 1986, Ch. 234, § 1, effective. April 29, 1986; Laws 1987, Ch. 282, § 1, effective. August 17, 1987; Laws 1988, Ch. 331, § 1; Laws 1989, Ch. 310, § 1; Laws 1990, Chapter 235, § 1; Laws 1994, Ch. 25, § 1; Laws 1994, Ch. 356, § 3; Laws 1995, Ch. 134, § 1, effective, April 17, 1995; Laws 1997, Ch. 291, § 3, effective July 1, 1998; Laws 1999, Ch. 300, § 12. 38-651.02. Exnendit ~r _ of fundc for aroun life ah~ groun e~~~t I r'rath ana aicm mn rm nt tnsurance~ grown lif r_ov rage for form _r _I _t doffs i~ Page 21 A. The department of administration may expend public funds appropriated for such purpose to procure group life insurance of at least five thousand dollars in coverage and group accidental death and dismemberment insurance of at least five thousand dollars in coverage for full-time officers and employees of the state and its departments and agencies. The department of administration by rule shall adopt standards for and designate qualifying plans and eligibility of officers and employees to participate in such plans. Any group life insurance and group accidental death and dismemberment insurance plan designated as a qualifying plan by the department of administration must be open for enrollment to all permanent full-time state employees. B. The department of administration may by rule offer on a cost basis additional group life and group accidental death and dismemberment insurance to such officers and employees and the dependents of such officers and employees in amounts of not to exceed: 1. For the officer or employee, three times the annual salary of such officer or employee. 2. For the dependents of such officers or employees, an amount prescribed by the department of administration. C. The department of administration, by rule, may adopt standards to establish group life insurance coverage for former elected officials of this state and their dependents and to establish eligibility for the former elected officials to participate in the coverage. The department of administration may promulgate rules which provide that if the former elected official dies before an insured surviving spouse the surviving spouse is eligible to participate in the coverage. The standards may provide that all or any group of the former elected officials, their dependents or a surviving spouse may be grouped with officers and employees of this state or their dependents as necessary to obtain life insurance coverage at favorable rates. No public monies may be expended to pay the premium for insurance coverage pursuant to this subsection. Amended by Laws 1986, Ch. 97, § 1, effective. April 18, 1986; Laws 1987, Ch. 91, § 1, effective April 16, 1987; Laws 1996, Ch. 256, § 5. 38-782. Gro ~o h -al h and accid nt ov rase for r irPd 12i~lic em I~yPea ana I rtari .,~~~~~i~ and th _~r d _pend _nts A. The board shall establish group health and accident coverage for eligible retired and disabled members and their dependents. Eligible retired and disabled members are those members who are receiving retirement benefits from ASRS or long-term disability benefits pursuant to § 38-651.03 or article 2.1 of this chapter and who elect not to obtain health and accident insurance through their former employer. If an insured retired or disabled member dies before the insured member's dependent beneficiary or an insured surviving dependent, the dependent beneficiary or insured surviving dependent is entitled to coverage at group rates if the dependent beneficiary or surviving dependent elects to continue in the coverage within six months of the insured member's death and the dependent beneficiary or surviving dependent agrees to pay the cost of the premium for group health and accident insurance. On notification of the insured member's death, the board shall immediately notify a dependent beneficiary of an insured surviving dependent of the provisions of this section. B. Retired members of the public safety personnel retirement system, the elected officials' retirement plan, the corrections officer retirement plan or the optional retirement programs authorized pursuant to § 15-1451 and 15-1628 and their dependents who are receiving benefits from the public safety personnel retirement system, the elected officials' retirement plan, the corrections officer retirement plan or the optional retirement programs authorized pursuant to § 15-1451 15-1628 and who are not covered by § 38-651.01 may participate in group health and accident coverage provided pursuant to this section. On the death of an insured member of the public safety personnel retirement system, Page 22 the elected officials' retirement plan, the corrections officer retirement plan or the optional retirement programs authorized pursuant to § 15-1451 and 15-1628, the insured surviving dependent is entitled to coverage at group rates. Except as provided in subsection H of this section, the surviving dependent shall be charged amounts that are sufficient to pay for the premium and administrative expense of providing the coverage. C. The board may enter into agreements with retired and disabled members of ASRS who elect to obtain the coverage provided pursuant to subsection A of this section. Those agreements may include provision for the deduction from the retirement benefits of the members who elect to obtain the coverage of amounts sufficient to pay for the premium not covered under retirement benefits and the administrative expense of providing the coverage. D. The fund manager of the public safety personnel retirement system may enter into agreements with retired members of the public safety personnel retirement system, the elected officials' retirement plan, the corrections officer retirement plan and their dependents who elect to obtain the coverage provided pursuant to this section. Those agreements may include provisions for the deduction of the retirement benefits of the members who elect to obtain the coverage of amounts sufficient to pay for the premium not covered under their retirement benefits and the administrative expense of providing the coverage. E. The board may enter into agreements with retired members of the optional retirement programs authorized pursuant to § 15-1451 and 15-1628 and their dependents who elect to obtain the coverage provided pursuant to this section. Those agreements may include provisions for the payment of amounts sufficient to pay for the premium and administrative expense of providing the coverage. F. If an insured member receiving long-term disability benefits pursuant to article 2.1 of this chapter becomes ineligible for the long-term disability benefits, the member and the covered dependents of the member may continue to participate in the group health and accident coverage provided pursuant to this section subject to the following conditions: 1. Participation in the coverage is limited to twelve months from the date the member ceases eligibility for benefits under article 2.1 of this chapter or the member commences employment, whichever occurs first. 2. The member shall pay the full premium cost of the coverage selected, and the member is not eligible for benefits pursuant to § 38-783. 3. If a member who participates in the coverage dies during the twelve month period provided by this subsection, covered dependents of the member may continue coverage after the death of the member through the end of the twelve month period. Covered dependents of the member who continue coverage pursuant to this paragraph shall pay the full premium cost of the coverage selected and are not eligible for benefits pursuant to section 38-783. G. Retired or disabled members who are not eligible for Medicare, who live in this state, who enroll in a qualifying health maintenance organization under this section and who reside outside the area of a qualifying health maintenance organization shall be offered the option of enrolling with a qualified health maintenance organization offered through their provider under the same premiums as if they lived within the area boundaries of the qualified health maintenance organization provided that: 1. All medical services are rendered and received at an office designated by the qualifying health maintenance organization or at a facility referred by the health maintenance organization. Page 23 2. All nonemergency or nonurgent travel, ambulatory and other expenses from the residence area of the member to the designated office of the qualifying health maintenance organization or the facility referred by the health maintenance organization are the responsibility of and at the expense of the member. 3. All emergency or urgent travel, ambulatory and other expenses from the residence area of the member to the designated office of the qualifying health maintenance organization or the facility referred by the health maintenance organization shall be paid pursuant to any agreement between the health maintenance organization and the member living outside the area of the qualifying health maintenance organization. H. Public monies shall not be spent to pay all or any part of the insurance premium pursuant to this section except for monies authorized to be paid for any insured from the retirement plan from which the insured is receiving benefits. Added by Laws 1995, Ch. 32, § 14, effective, March 30, 1995; amended by Laws 1995, Ch. 134, § 13; Laws 1997, Ch. 291, § 4, effective July 1, 1998; Laws 1998, Ch. 236, § 3; Laws 1999, Ch. 300, § 15; Laws 2001, Ch. 136, § 18. 38-921. A. An active or inactive member of a state retirement system or plan, including the retirement system provided for in article 2 of this chapter, the elected officials' retirement plan provided for in article 3 of this chapter, the public safety personnel retirement system provided for in article 4 of this chapter or the corrections officer retirement plan provided for in article 6 of this chapter may transfer service credits from one system or plan to the member's current or former system or plan pursuant to § 38-922 if all of the following conditions are met: 1. The board or fund manager governing the retirement system or plan from which the service credits are being transferred mutually agrees with the• hoard or fund manager governing the retirement system or plan to which the service credits are being transferred regarding the terms of the transfer. 2. The transfer does not cause either the retirement system or plan to which the transfer is made or the retirement system or plan from which the transfer is made to incur any unfunded accrued liabilities as a result of the transfer. 3. The member initiates the transfer by making written application to the governing board or fund manager of the retirement system or plan to which the member is contributing. B. For the purposes of this section: 1. "Active member" means a member who satisfies the eligibility criteria of the state retirement system or plan and who is currently making member contributions to or receiving credited service from the state retirement system or plan. 2. "Inactive member" means a member of the state retirement system or plan who previously made contributions to the state retirement system or plan and who satisfies each of the following: (a) Has not retired. (b) Is not eligible for active membership in the state retirement system or plan. (c) Is not currently making contributions to the state retirement system or plan. (d) Has not withdrawn contributions from the state retirement system or plan. Page 24 Added by Laws 1989, Ch.310, § 16; Laws 1995, Ch. 32, § 19; Amended by Laws 2001, Ch. 123 §1. 38-922. Trancf _r or r _d -motion of s rvi rpditc A. Service credits qualified in accordance with § 38-921 may be transferred or redeemed in accordance with this section. B. In the case of a member whose contributions remain on deposit with the prior retirement system or plan, the following shall be calculated: 1. The prior system or plan shall calculate the amount equal to the actuarial present value of a members projected benefits under the prior system or plan as calculated by that system's or plan's actuary using the same actuarial method and assumptions used in calculating that system's or plan's funding requirements based on the transferring member's service credits at the time of transfer. 2. The system or plan to which the member is transferring shall calculate the increase in the actuarial present value of the projected benefits provided as a result of the transfer of the members service credits. This calculation shall be performed by that system's or plan's actuary using the same actuarial method and assumptions used in calculating that system's or plan's funding requirements based upon the transferring members service credits at the time of transfer. C. In the event a member decides to transfer: 1. If the amount calculated in subsection B, paragraph 2 is greater than the amount calculated in subsection B, paragraph 1: (a) The prior system or plan shall transfer to the present system or plan the greater of the amount calculated in subsection B, paragraph 1 or the members accumulated contribution account balance. (b) If the amount transferred is less than the amount calculated under subsection B, paragraph 2, the transferring member shall elect either to pay the ciifFerence or to accept a reduced transfer of service credits. If the member elects to pay the difference, the amount paid shall be added to the members accumulated contribution account balance. If the member elects to accept a reduced transfer of service credits, the amount of service credits transferred shall be equal to the amount of service credits used in making the calculation under subsection B, paragraph 1 multiplied by the ratio of the amount calculated under subsection B, paragraph 1 to the amount calculated under subsection B, paragraph 2. 2. If the amount calculated in subsection B, paragraph 2 is less than or equal to the amount calculated in Subsection B, paragraph 1, the prior system or plan shall transfer to the present system or plan the greater. of the amount calculated in Subsection B, paragraph 2 or the member's accumulated contribution account balance. D. In the case of an applicant who has withdrawn his member contributions from another prior system or plan of this state, the applicant shall pay into the new system or plan to which he is transferring an amount equal to the increase in the actuarial present value of the projected benefits provided by the service credits being redeemed and this amount shall be included in the members current accumulated contribution account balance. This calculation shall be performed by the actuary of the system or plan to which the service credits are being transferred using the same actuarial method and assumptions used in calculating that system's or plan's funding requirements. E. Service credits shall not be applied to the applicant's account until such time as complete payment is made to the retirement system or plan to which the applicant is transferring. On completion of the transfer provided for in this article, the members rights in the retirement system or plan from which the member is transferring are extinguished. Page 25 r Added as § 38-952 by Laws 1989, Ch. 310, § 16. Renumbered as § 38-922; Amended by Laws 1991, Ch. 270, § 10. Article 8. Supplemental Defined Contribution Plans 38-951. Definitions In this article, unless the context otherwise requires: 1. "Board" means the Arizona state retirement system board established by section 38-713. 2. "Eligible group" means any of the following: (a) The Arizona state retirement system established by article 2 of this chapter. (b) The elected officials' retirement plan established by article 3 of this chapter. (c) The public safety personnel retirement system established by article 4 of this chapter. (d) The corrections officer retirement plan established by article 6 of this chapter. (e) An optional retirement program established pursuant to section 15-1451 or 15-1628. 3. "Employer" means an agency or department of this state or an agency or department of a political subdivision of this state that has employees in an eligible group. 4. "Fund manager" means the fund manager established by section 38-848. 5. "Plan" means a supplemental defined contribution plan authorized by this article. Added by Laws 2001, Ch. 280 § 9 and Ch. 390, §15. 38-952. S4nnlem _ntal d -find ontrih ~tion nlanc ectablichment ~dminictratinn A. The board, employer or fund manager of an eligible group may establish, administer, manage and operate a supplemental defined contdbution plan. The fund manager may establish a single supplemental defined contribution plan for all contributing members of the retirement system and plans it administers. B. If a board. employer or fund manager establishes a supplemental defined contribution plan: 1. The board may delegate authority to implement the plan to its director appointed pursuant to section 38-715. 2. The employer may delegate authority to implement the plan to its internal benefits administrator or designee. 3. The fund manager may delegate authority to implement the plan to the administrator employed pursuant to section 38-848, subsection K, paragraph 6. 4. The board or fund manager may: (a) Employ services it deems necessary, including legal services, for the operation and administration of the plan. (b) Administer the plan through contracts with multiple vendors. (c) Perform all acts, whether or not expressly authorized, that it deems necessary and proper for the operation and protection of the plan. (d) For the purposes of this article, enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3. Page 26 C. A supplemental defined contribution plan shall be designed to be a qualified governmental plan under section 401(a) of the internal revenue code. The legislature intends that a supplemental defined contribution plan is a qualified plan under section 401 of the internal revenue code, as amended, or successor provisions of law, and that a plan is exempt from taxation under section 501 of the internal revenue code. The board, employer or fund manager may adopt any additional provisions to a plan that are necessary to fulfill this intent. D. Although designated as employee contributions, all employee contributions made to a plan shall be picked up and paid by the employer in lieu of contributions by the employee. The contributions picked up by an employer may be made through a reduction in the employee's salary or an offset against future salary increases, or a combination of both. An employee participating in a plan does not have the option of choosing to receive the contributed amounts directly instead of the employer paying the amounts to the plan. It is intended that all employee contributions that are picked up by the employer as provided in this subsection shall be treated as employer contributions under section 414(h) of the internal revenue code, shall be excluded from employees' gross income for federal and state income tax purposes and are includable in the gross income of the employees or their beneficiaries only in the taxable year in which they are distributed. The specified effective date of the pick up pursuant to this subsection shall not be before the date the plan receives notification from the internal revenue service that pursuant to section 414(h) of the internal revenue code the employee contributions picked up shall not be included in gross income for income tax purposes until the time that the picked up contributions are distributed by pension payments. Until notification is received, any contributions made under section 38-953, subsection D are made with after-tax contributions. Added by Laws 2001, Ch. 280, § 9 and Ch. 380, § 15. 38-953. Su~nlemental o t~ion A. A supplemental defined contribution plan is in addifion to and' does not replace an employee's existing state defined benefit retirement plan. B. Except as provided in subsection C, any contributing member of an eligible group that establishes a supplemental defined contribution plan as authorized by this article may participate in the supplemental defined contribution plan. Participation in the plan authorizes the member's employer to make reductions or deductions in the member's salary. The employer shall initiate salary reductions or deductions for the plan as directed by each employee participating in the plan and shall submit any reports required by the plan. Any salary deferred under the plan shall be included as regular compensation or salary for the purpose of computing the retirement and pension benefits earned by any employee participating in the plan. C. If the Arizona state retirement system establishes a supplemental defined contribution plan and an employer member of the Arizona state retirement system elects to participate in the supplemental defined contribution plan, any employee member of the employer may participate in the supplemental defined contribution plan D. If an employee elects to participate in a plan pursuant to this subsection, the employee shall contribute an amount equal to at least one per cent of the employee's grass salary. An election to participate in a plan is irrevocable and shall be for a period of at least one year. An employee may annually increase or decrease the employee contributions in increments of one per cent up to the maximum allowed by law. An employee is not required to contribute under this subsection in order to qualify for an employer match under subsection E. The employer match may accrue from any program established by the employer. Page 27 E. An employer may elect to match the contributions made by the employee pursuant to subsection D or any other program established by the employer under the internal revenue code, including any plan established under internal revenue code section 401(a), 403(b) or 457, at a rate determined by the employer. The rate of the employer match shall be determined at the beginning of that employer's budget cycle and shall terminate at the end of that budget cycle. Added by Laws 2001, Ch. 280, § 9 and Ch. 380, § 15. 38-954. V -ctina A. Employee contributions and earnings on employee contributions are immediately vested. B. Employer matching contributions. if any, and the earnings on employer matching contributions are vested and the employee is entitled to receive employer matching contributions and earnings on those contributions as follows: 1. (t the employee has less than one year of credited service in an eligible rou z g p, ero per cent. 2. If the employee has at least one year but less than two years of credited service in an eligible group, twenty per cent. 3. If the employee has at least two years but less than three years of credited service in an eligible group, forty per cent. 4. If the employee has at least three years but less than four years of credited service in an eligible group, sixty per cent. 5. If the employee has at least four years but less than five years of credited service in an ® eligible group, eighty per cent. 6. If the employee has at least five years of credited service in an eligible group, one hundred per cent. ' C. All nonvested employer contributions and earnings on those contributions may be used to , pay for the administrative costs of the plan. Added by Laws 2001, Ch. 280, § 9 and Ch. 380, § 15. Laws 2001, Ch. 280, § 10 and Ch. 380, §16 provides: Sec. 10. T _rmination of the tax Anfnr~nr7 ~.,.,.~:F...,., This act terminates the pilot program option for legislative employees and state elected officials to elect to participate in a tax deferred annuity and deferred compensation program pursuant to title 38, chapter 5, article 5, Arizona Revised Statutes, in lieu of participation in the Arizona state retirement system pursuant to title 38, chapter 5, article 2. Arizona Revised Statutes. All legislative employees and state elected officials who elected on or before the effective date of this act to participate in a deferred tax annuity and deferred compensation program in lieu of participation in the Arizona state retirement system shall continue to participate in that option pursuant to the irrevocable election made by the employee or state elected official and the employer shall continue to pay an amount equal to five per cent of the employee's or state elected official's base salary directly to the program in lieu of employer contributions to a public retirement system. Laws 2001, Ch. 280, § 11 and Ch. 380, § 17provides: Sec. 11. IQ.rmination of th . d find ontrib rtion r tir m nt I n o io - ilot gram Page 28 This act terminates the pilot program option for certain exempt state officers or employees and state elected officials who are subject to term limits to elect to participate in a defined contribution retirement plan option in lieu of participation in their respective state defined benefit retirement plans. All exempt state officers or employees and state elected officials who are subject to term limits and who elected on or before the effective date of this act to participate in the defined contribution retirement plan option established by Laws 1999, chapter 329. section 6 shall continue to participate in that option pursuant to the irrevocable election made by the exempt state officer or employee or state elected official who is subject to term limits and the employer shall continue to contribute to each participating state elected official's or exempt state officers or employee's account an amount equal to two and sixty-six hundredths per cent of the state elected official's or exempt state officer's or employee's gross salary. 41-3006.02. ElECted Officials' R _tirPr+~+ont Plan; P ~hli afPty P rannnPl R tirPmnnt gyGt~m. Corr _ _t~ona Offi _Pr R _tir _m _nt Plan; termination Iuly 1, 2006 A. The Public Safety Personnel Retirement System Fund Manager terminates on July 1, 2006. B. Title 38, Chapter 5, Article 3 is repealed on January 1, 2007. C. Title 38, Chapter 5, Article 4 is repealed on January 1, 2007. D. Title 38, Chapter 5, Article 6 is repealed on January 1, 2007. Added Laws 1996, Ch. 18, § 2. Constitution of Arizona, Article XXIX PUBLIC RETIREMENT SYSTEMS Section 1. • A. Public retirement systems shall be funded with contributions and investment earnings using actuarial methods and assumptions that are consistent with generally accepted actuarial methods. B. The assets of public retirement systems, including investment ~amings and contributions, are separate and independent trust funds and shall be invested, administered and distributed as determined by law solely in the interests of the members and beneficiaries of the public retirement systems. C. Membership in a public retirement system is a contractual relationship that is subject to Article II, Section 25, and public retirement system benefits shall not be diminished or impaired. Laws 2001, Ch. 282, §§ 2 and 3, provides: SeC. 2. Elected officials' r _tir m nt nlan• tax eq ~i ben fit in rPagp A member of the elected officials' retirement plan established by title 38, chapter 5, article 3, Arizona Revised Statutes, who was employed before September 15, 1989 by an employer participating in the elected officials' retirement plan and who retires on or after November 1, 2000 but before November 1, 2001 is entitled to receive a tax equity benefit allowance consisting of a permanent increase of two per cent of the member's base benefit retroactive to the day of retirement. The cost of the benefit increase prescribed in this section is payable from the assets of the elected officials' retirement plan and shall be added to the unfunded liability of the elected officials' retirement plan. Sec. 3. Delayed r~,nea1 Sections 1 and 2 of this act, relating to tax equity benefit increases, are repealed from and after December 31, 2001. U Page 29