A. Except as provided in subsection B of this section, an employee who is hired on or after July 1, 2018, who is a member as defined in section 38-881, paragraph 27, subdivision (a) and who was not an active, an inactive or a retired member of the plan or a member of the plan with a disability on June 30, 2018 shall participate in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter.  For an employee who is hired on or after September 1, 2019, the employee’s participation in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter begins ninety days after the date the employee is hired.

Terms Used In Arizona Laws 38-881.01

  • Board: means the board of trustees of the public safety personnel retirement system. See Arizona Laws 38-881
  • Designated position: means :

    (a) For a county:

    (i) A county detention officer. See Arizona Laws 38-881

  • Employee: means a person employed by a participating employer in a designated position. See Arizona Laws 38-881
  • Employer: means an agency or department of this state or a political subdivision of this state that has one or more employees in a designated position. See Arizona Laws 38-881
  • Pension: means a series of monthly payments by the retirement plan but does not include an annuity that is payable pursuant to section 38-911. See Arizona Laws 38-881
  • plan: means the corrections officer retirement plan established by this article. See Arizona Laws 38-881
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • retired: means termination of employment after a member has fulfilled all requirements for a pension or, for an employee who becomes a member of the plan on or after January 1, 2012, attains the age and service requirements for a normal retirement date. See Arizona Laws 38-881
  • Retired member: means an individual who terminates employment and who is receiving a pension pursuant to either section 38-885 or 38-886. See Arizona Laws 38-881
  • Total and permanent disability: means a physical or mental condition that is not an accidental disability, that the local board finds totally and permanently prevents a member from engaging in any gainful employment and that is the direct and proximate result of the member's performance of the member's duty as an employee of a participating employer. See Arizona Laws 38-881

B. An employee who is hired on or after July 1, 2018, who is in a designated position as defined in section 38-881, paragraph 13, subdivision (g) and who was not an active, an inactive or a retired member of the plan or a member of the plan with a disability on June 30, 2018 is eligible to participate in the corrections officer retirement plan or the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter, depending on the employee’s election under this section. During the first sixty days of an employee’s employment and before the employee makes a decision regarding the individual’s retirement plan, the board shall provide each probation and surveillance officer who is hired on or after July 1, 2018 interactive, objective educational training, counseling and participant-specific plan information about both the corrections officer retirement plan and the public safety personnel defined contribution retirement plan options. The employee’s participation in either the plan or the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter begins ninety days after the date the employee is hired. Unless the elections made under this section are made before the ninetieth day after the date of employment, the employee is automatically enrolled in the plan for the remainder of the employee’s employment with any employer under the plan.  Any election made under this section is irrevocable and is the employee’s election for the remainder of the employee’s employment with any employer under the plan, regardless of whether the employee’s employment is continuous. The employee may make one of the following irrevocable elections:

1. To participate solely in the corrections officer retirement plan.

2. To participate solely in the public safety personnel defined contribution retirement plan established pursuant to article 4.1 of this chapter.

C. If an employee specified in subsection B of this section in the employee’s first ninety days of employment is determined to be eligible for an accidental or total and permanent disability pension pursuant to section 38-886, the employee shall be automatically enrolled in the corrections officer retirement plan for the remainder of the employee’s employment with any employer under the plan commencing on the employee’s date of disability and shall receive an accidental or total and permanent disability pension as prescribed in this article.

D. If an employee specified in subsection B of this section in the employee’s first ninety days of employment is killed in the line of duty or dies from injuries suffered in the line of duty, the employee shall be considered as having been enrolled in the corrections officer retirement plan and the surviving spouse of the deceased employee is eligible for survivor benefits as prescribed in this article.