Arizona Laws 38-791. Assurances and liabilities
A. Nothing contained in this article shall be construed as:
Terms Used In Arizona Laws 38-791
- ASRS: means the Arizona state retirement system established by this article. See Arizona Laws 38-711
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assets: means the resources of ASRS including all cash, investments or securities. See Arizona Laws 38-711
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Board: means the ASRS board established in section 38-713. See Arizona Laws 38-711
- Compensation: means :
(a) For members whose membership began on or before December 31, 2019, the gross amount paid to a member by an employer as salary or wages, including amounts that are subject to deferred compensation or tax shelter agreements, for services rendered to or for an employer, or that would have been paid to the member except for the member's election or a legal requirement that all or part of the gross amount be used for other purposes, but does not include amounts paid in excess of compensation limits established in section 38-746. See Arizona Laws 38-711
- Contract: A legal written agreement that becomes binding when signed.
- Employer: means :
(a) This state. See Arizona Laws 38-711
- Employer contributions: means all amounts paid into ASRS by an employer on behalf of a member. See Arizona Laws 38-711
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Interest: means the assumed actuarial investment earnings rate approved by the board. See Arizona Laws 38-711
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
1. A contract of employment between an employer and any employee.
2. A right of any employee to continue in the employment of an employer.
3. A limitation of the rights of an employer to discharge any of its employees, with or without cause.
B. A member does not have any right to, or interest in, any ASRS assets on termination of the member’s employment or otherwise, except as provided from time to time by ASRS, and then only to the extent of the benefits payable to the member out of ASRS assets. All payments of benefits shall be made solely out of ASRS assets and neither the employers, the board nor any member of the board is liable for payment of benefits in any manner.
C. Payment of compensation less contributions as provided in this article fully discharges any claim or demand for the service rendered by a member during the period covered by the payment, except with respect to benefits provided under this article.
D. Benefits, employee contributions or employer contributions, including interest, earnings and all other credits, payable under this article 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 a person entitled to the benefit, contribution, earning or credit, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, garnish, execute or levy or otherwise dispose of any benefit, contribution, earning or credit under this article is void. ASRS is not in any manner liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to any benefit, contribution, earning or credit under this article.
E. Neither the employers, the board nor any member of the board guarantees the fund established by section 38-712 in any manner against loss or depreciation, and they are not liable for any act or failure to act that is made in good faith pursuant to this article. The employers are not responsible for any act or failure to act of the board or any member of the board. Neither the board nor any member of the board is responsible for any act or failure to act of any employer.
F. This section does not exempt 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.