Sections
Article 1 Social Security for Public Officers and Employees 38-701 – 38-706
Article 2 Arizona State Retirement System 38-711 – 38-794
Article 2.1 Long-Term Disability Program 38-797 – 38-797.15
Article 3 Elected Officials’ Retirement Plan 38-801 – 38-823
Article 3.1 Elected Officials’ Defined Contribution Retirement System 38-831 – 38-834
Article 3.2 Elected Officials’ Defined Contribution Retirement System Disability Program 38-840 – 38-840.13
Article 4 Public Safety Personnel Retirement System 38-841 – 38-863.01
Article 4.1 Public Safety Personnel Defined Contribution Retirement Plan 38-865 – 38-868.01
Article 4.2 Public Safety Personnel Defined Contribution Retirement Plan Disability Program 38-870 – 38-870.08
Article 5 Deferred Compensation Plans 38-871 – 38-874
Article 5.1 Public Safety Personnel Retirement System Deferred Compensation Plan 38-875 – 38-878
Article 6 Corrections Officer Retirement Plan 38-881 – 38-914
Article 7 Transfers to Another Retirement System or Plan 38-921 – 38-924
Article 7.1 Arizona Employers’ Pension Prefunding 38-931 – 38-940
Article 8 Defined Contribution Plans 38-951 – 38-954

Terms Used In Arizona Laws > Title 38 > Chapter 5

  • Accidental disability: means a physical or mental condition that the local board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's job classification and that was incurred in the performance of the employee's duty. See Arizona Laws 38-842
  • Accidental disability: means a physical or mental condition that the local board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's department and was incurred in the performance of the employee's duties. See Arizona Laws 38-881
  • Accumulated contributions: means the sum of all member contributions deducted from the member's salary pursuant to section 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 section 38-816. See Arizona Laws 38-801
  • Accumulated contributions: means , for each member, the sum of the amount of the member's aggregate contributions made to the fund and the amount, if any, attributable to the employee's contributions before the member's effective date under another public retirement system, other than the federal social security act, and transferred to the fund minus the benefits paid to or on behalf of the member. See Arizona Laws 38-842
  • Accumulated member contributions: means for each member the sum of the amount of all the member's contributions deducted from the member's salary and paid to the fund, plus member contributions transferred to the fund by another retirement plan covering public employees of this state, plus previously withdrawn accumulated member contributions that are repaid to the fund in accordance with this article, minus any benefits paid to or on behalf of a member. See Arizona Laws 38-881
  • Active member: means a member as defined in paragraph 23, subdivision (b) of this section who satisfies the eligibility criteria prescribed in section 38-727 and who is currently making member contributions as prescribed in section 38-736. See Arizona Laws 38-711
  • Actuarial equivalent: means equality in value of the aggregate amounts expected to be received under two different forms of payment, based on mortality and interest rate assumptions approved from time to time by the board. See Arizona Laws 38-711
  • Actuarial equivalent: means equality in present value of the aggregate amounts expected to be received under two different forms of payment, based on mortality and interest assumptions adopted by the board. See Arizona Laws 38-801
  • Actuarial equivalent: means equality in present value of the aggregate amounts expected to be received under two different forms of payment, based on mortality and interest assumptions adopted by the board. See Arizona Laws 38-842
  • Address: means a mailing address. See Arizona Laws 10-140
  • Alternate payee: means the spouse or former spouse of a participant as designated in a domestic relations order. See Arizona Laws 38-801
  • Alternate payee: means the spouse or former spouse of a participant as designated in a domestic relations order. See Arizona Laws 38-842
  • Alternate payee: means the spouse or former spouse of a participant as designated in a domestic relations order. See Arizona Laws 38-881
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuitant: means a person who is receiving a benefit pursuant to section 38-846. See Arizona Laws 38-842
  • Annuitant: means a person who is receiving a benefit pursuant to section 38-911. See Arizona Laws 38-881
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity account: means an account that is established for each member to record the deposit of member contributions, employer contributions and interest, dividends or other accumulations credited on behalf of the member. See Arizona Laws 38-831
  • Annuity account: means an account that is established for each participant to record the deposit of participant contributions, employer contributions and interest, dividends or other accumulations credited on behalf of the participant. See Arizona Laws 38-865
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • ASRS: means the Arizona state retirement system established by this article. See Arizona Laws 38-711
  • ASRS: means the Arizona state retirement system established by article 2 of this chapter. See Arizona Laws 38-797
  • Assets: means the resources of ASRS including all cash, investments or securities. See Arizona Laws 38-711
  • Assets: means the accumulated resources of the LTD program. See Arizona Laws 38-797
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Average monthly benefit compensation: means the result obtained by dividing the total compensation paid to an employee during a considered period by the number of months, including fractional months, in which such compensation was received. See Arizona Laws 38-842
  • Average monthly compensation: means :

    (a) For a member whose membership in ASRS commenced before January 1, 1984 and who left the member's contributions on deposit or reinstated forfeited credited service pursuant to section 38-742 for a period of employment that commenced before January 1, 1984, the higher of either:

    (i) The monthly average of compensation that is calculated pursuant to subdivision (b) of this paragraph. See Arizona Laws 38-711

  • Average monthly salary: means :

    (a) For an employee who becomes a member of the plan:

    (i) Before January 1, 2012, one-thirty-sixth of the aggregate amount of salary that is paid a member by a participating employer during a period of thirty-six consecutive months of service in which the member received the highest salary within the last one hundred twenty months of service. See Arizona Laws 38-881

  • 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. See Arizona Laws 38-801
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • base salary: means the amount of compensation each employee is regularly paid for personal services rendered to an employer before the addition of any extra monies, including overtime pay, shift differential pay, holiday pay, longevity pay, fringe benefit pay and similar extra payments. See Arizona Laws 38-842
  • base salary: means the amount of compensation each member is regularly paid for personal services rendered to an employer before the addition of any extra monies, including overtime pay, shift differential pay, holiday pay, fringe benefit pay and similar extra payments. See Arizona Laws 38-881
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means an individual who is being paid or who has entitlement to the future payment of a pension on account of a reason other than the individual's membership in the retirement plan. See Arizona Laws 38-881
  • Board: means the ASRS board established in section 38-713. See Arizona Laws 38-711
  • Board: means the ASRS board established pursuant to section 38-713. See Arizona Laws 38-797
  • Board: means the board of trustees of the system. See Arizona Laws 38-801
  • Board: means the board of trustees of the public safety personnel retirement system established by section 38-848. See Arizona Laws 38-831
  • Board: means the board of trustees established pursuant to section 38-848. See Arizona Laws 38-840
  • Board: means the board of trustees of the system, who are the persons appointed to invest and operate the fund. See Arizona Laws 38-842
  • Board: means the board of trustees of the public safety personnel retirement system established by section 38-848. See Arizona Laws 38-865
  • Board: means the board of trustees established by section 38-848. See Arizona Laws 38-870
  • Board: means the board of trustees of the public safety personnel retirement system established by section 38-848. See Arizona Laws 38-875
  • Board: means the board of trustees of the public safety personnel retirement system. See Arizona Laws 38-881
  • Board: means the Arizona state retirement system board established by section 38-713 or the board of trustees established by section 38-848. See Arizona Laws 38-951
  • Board of directors: means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated and includes the governing body or bodies of a water users' association if the articles of incorporation of such water users' association provide for a governing body or bodies denominated other than as a board of directors. See Arizona Laws 10-140
  • Catastrophic disability: means a physical and not a psychological condition that the local board determines prevents the employee from totally and permanently engaging in any gainful employment and that results from a physical injury incurred in the performance of the employee's duty. See Arizona Laws 38-842
  • Certificate of disclosure: means the certificate of disclosure described in section 10-202. See Arizona Laws 10-140
  • Certified peace officer: means a peace officer certified by the Arizona peace officer standards and training board. See Arizona Laws 38-842
  • Claimant: means any member or beneficiary who files an application for benefits pursuant to this article. See Arizona Laws 38-842
  • Claimant: means a member, beneficiary or estate that files an application for benefits with the retirement plan. See Arizona Laws 38-881
  • Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • commission: means any office, board or commission of the state, or any political subdivision thereof, the salary or compensation of the incumbent or members of which is paid from a fund raised by taxation or by public revenue. See Arizona Laws 38-101
  • Commissioner of social security: includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the social security act with respect to coverage under the act of employees of states and their political subdivisions. See Arizona Laws 38-701
  • 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

  • Compensation: means , for the purpose of computing retirement benefits, base salary, overtime pay, shift differential pay, military differential wage pay, compensatory time used by an employee in lieu of overtime not otherwise paid by an employer and holiday pay paid to an employee by the employer for the employee's performance of services in an eligible group on a regular monthly, semimonthly or biweekly payroll basis and longevity pay paid to an employee at least every six months for which contributions are made to the system pursuant to section 38-843, subsection D. See Arizona Laws 38-842
  • Contingent annuitant: means the person named by a member to receive retirement income payable following a member's death after retirement as provided in section 38-760. See Arizona Laws 38-711
  • Court: means the superior court of this state. See Arizona Laws 10-140
  • Credited service: means , subject to section 38-739, the number of years standing to the member's credit on the books of ASRS during which the member made the required contributions. See Arizona Laws 38-711
  • 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 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 that is being funded pursuant to a joinder agreement pursuant to section 38-815 or service that was redeemed pursuant to section 38-816. See Arizona Laws 38-801
  • Credited service: means the member's total period of service before the member's effective date of participation, plus those compensated periods of the member's service thereafter for which the member made contributions to the fund. See Arizona Laws 38-842
  • Credited service: means credited service transferred to the retirement plan from another retirement system or plan for public employees of this state, plus those compensated periods of service as a member of the retirement plan for which member contributions are on deposit in the fund. See Arizona Laws 38-881
  • Cure period: means the ninety-day period in which a participant or alternate payee may submit an amended domestic relations order and request a determination, calculated from the time the plan issues a determination finding that a previously submitted domestic relations order did not qualify as a plan approved domestic relations order. See Arizona Laws 38-801
  • Cure period: means the ninety-day period in which a participant or alternate payee may submit an amended domestic relations order and request a determination, calculated from the time the system issues a determination finding that a previously submitted domestic relations order did not qualify as a plan approved domestic relations order. See Arizona Laws 38-842
  • Cure period: means the ninety-day period in which a participant or alternate payee may submit an amended domestic relations order and request a determination, calculated from the time the plan issues a determination finding that a previously submitted domestic relations order did not qualify as a plan approved domestic relations order. See Arizona Laws 38-881
  • Decedent: A deceased person.
  • Deferred compensation plan: means an eligible deferred compensation plan as defined in section 457(b) of the internal revenue code. See Arizona Laws 38-875
  • Defined contribution plan: means the public safety personnel defined contribution retirement plan established pursuant to this article. See Arizona Laws 38-865
  • Defined contribution system: means the elected officials' defined contribution retirement system established pursuant to this article. See Arizona Laws 38-831
  • Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
  • Dependent: A person dependent for support upon another.
  • Depository: means a bank in which the monies of the LTD program are deposited and collateralized as provided by law. See Arizona Laws 38-797
  • Depository: means a bank in which the monies of the EODC disability program are deposited and collateralized as provided by law. See Arizona Laws 38-840
  • Depository: means a bank in which all monies of the system are deposited and held and from which all expenditures for benefits, expenses and investments are disbursed. See Arizona Laws 38-842
  • Designated position: means :

    (a) For a county:

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

  • Determination: means a written document that indicates to a participant and alternate payee whether a domestic relations order qualifies as a plan approved domestic relations order. See Arizona Laws 38-801
  • Determination: means a written document that indicates to a participant and alternate payee whether a domestic relations order qualifies as a plan approved domestic relations order. See Arizona Laws 38-842
  • Determination: means a written document that indicates to a participant and alternate payee whether a domestic relations order qualifies as a plan approved domestic relations order. See Arizona Laws 38-881
  • Determination period: means the ninety-day period in which the plan must review a domestic relations order that is submitted by a participant or alternate payee to determine whether the domestic relations order qualifies as a plan approved domestic relations order, calculated from the time the plan mails a notice of receipt to the participant and alternate payee. See Arizona Laws 38-801
  • Determination period: means the ninety-day period in which the system must review a domestic relations order that is submitted by a participant or alternate payee to determine whether the domestic relations order qualifies as a plan approved domestic relations order, calculated from the time the system mails a notice of receipt to the participant and alternate payee. See Arizona Laws 38-842
  • Determination period: means the ninety-day period in which the plan must review a domestic relations order that is submitted by a participant or alternate payee to determine whether the domestic relations order qualifies as a plan approved domestic relations order, calculated from the time the plan mails a notice of receipt to the participant and alternate payee. See Arizona Laws 38-881
  • Direct rollover: means a payment by the plan to an eligible retirement plan that is specified by the distributee. See Arizona Laws 38-801
  • Direct rollover: means a payment by the system to an eligible retirement plan that is specified by the distributee. See Arizona Laws 38-842
  • Direct rollover: means a payment by the plan to an eligible retirement plan that is specified by the distributee. See Arizona Laws 38-881
  • Dissolved: means the status of a corporation on either:

    (a) Effectiveness of articles of dissolution pursuant to section 10-1403, subsection B or section 10-1421, subsection B. See Arizona Laws 10-140

  • Distributee: means a member, a member's surviving spouse or a member's spouse or former spouse who is the alternate payee under a plan approved domestic relations order. See Arizona Laws 38-801
  • Distributee: means a member, a member's surviving spouse or a member's spouse or former spouse who is the alternate payee under a plan approved domestic relations order. See Arizona Laws 38-842
  • Distributee: means a member, a member's surviving spouse or a member's spouse or former spouse who is the alternate payee under a plan approved domestic relations order. See Arizona Laws 38-881
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Arizona Laws 10-140
  • domestic corporation: means a corporation for profit that is not a foreign corporation and that is incorporated under or subject to chapters 1 through 17 of this title. See Arizona Laws 10-140
  • Domestic relations order: means an order of a court of this state that is made pursuant to the domestic relations laws of this state and that creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive a portion of the benefits payable to a participant. See Arizona Laws 38-801
  • Domestic relations order: means an order of a court of this state that is made pursuant to the domestic relations laws of this state and that creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive a portion of the benefits payable to a participant. See Arizona Laws 38-842
  • Domestic relations order: means an order of a court of this state that is made pursuant to the domestic relations laws of this state and that creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive a portion of the benefits payable to a participant. See Arizona Laws 38-881
  • Early retirement: means retirement before a member's normal retirement date after five years of total credited service and attainment of age fifty. See Arizona Laws 38-711
  • Effective date: means July 1, 1970, except with respect to employers and members whose contributions to ASRS commence thereafter, the effective date of their membership in ASRS is as specified in the applicable joinder agreement. See Arizona Laws 38-711
  • 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. See Arizona Laws 38-801
  • Effective date of participation: means July 1, 1968, except with respect to employers and their covered employees whose contributions to the fund commence thereafter, the effective date of their participation in the system is as specified in the applicable joinder agreement. See Arizona Laws 38-842
  • Elected official: means :

    (a) Every elected official of this state who was a member of the plan on December 31, 2013. See Arizona Laws 38-801

  • Elected official: means :

    (a) Every elected official of this state who was elected or appointed on or after January 1, 2014 and who was not an active, an inactive, a disabled or a retired member of the plan on December 31, 2013. See Arizona Laws 38-831

  • Eligible child: means an unmarried child of a deceased active or retired member who meets one of the following qualifications:

    (a) Is under eighteen years of age. See Arizona Laws 38-801

  • Eligible child: means an unmarried child of a deceased member or retired member who meets one of the following qualifications:

    (a) Is under eighteen years of age. See Arizona Laws 38-842

  • Eligible child: means an unmarried child of a deceased active or retired member who meets one of the following qualifications:

    (a) Is under eighteen years of age. See Arizona Laws 38-881

  • Eligible group: means any of the following:

    (a) The Arizona state retirement system established by article 2 of this chapter. See Arizona Laws 38-951

  • Eligible groups: means only the following who are regularly assigned to hazardous duty:

    (a) Municipal police officers who are certified peace officers. See Arizona Laws 38-842

  • Eligible retirement plan: means any of the following that accepts a distributee's eligible rollover distribution:

    (a) An individual retirement account described in section 408(a) of the internal revenue code. See Arizona Laws 38-801

  • Eligible retirement plan: means any of the following that accepts a distributee's eligible rollover distribution:

    (a) An individual retirement account described in section 408(a) of the internal revenue code. See Arizona Laws 38-842

  • Eligible retirement plan: means any of the following that accepts a distributee's eligible rollover distribution:

    (a) An individual retirement account described in section 408(a) of the internal revenue code. See Arizona Laws 38-881

  • Eligible rollover distribution: means a payment to a distributee, but does not include any of the following:

    (a) Any distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's beneficiary or for a specified period of ten years or more. See Arizona Laws 38-801

  • Eligible rollover distribution: means a payment to a distributee, but does not include any of the following:

    (a) Any distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's beneficiary or for a specified period of ten years or more. See Arizona Laws 38-842

  • Eligible rollover distribution: means a payment to a distributee, but does not include any of the following:

    (a) Any distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's beneficiary or for a specified period of ten years or more. See Arizona Laws 38-881

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any person in the employ of this state or a political subdivision of this state and includes an elective or appointive officer of this state or an eligible political subdivision of this state. See Arizona Laws 38-701
  • Employee: means any person who is employed by a participating employer and who is a member of an eligible group but does not include any persons compensated on a contractual or fee basis. See Arizona Laws 38-842
  • Employee: means a person employed by a participating employer in a designated position. See Arizona Laws 38-881
  • Employer: means :

    (a) This state. See Arizona Laws 38-711

  • Employer: means a department, agency or political subdivision of this state that makes employer contributions to the plan pursuant to section 38-810 on behalf of an elected official who participates in the plan. See Arizona Laws 38-801
  • Employer: means a department or political subdivision of this state that makes employer contributions to the defined contribution system on behalf of a member. See Arizona Laws 38-831
  • Employer: means any entity that participates as an employer in a retirement system or plan that is administered by the board. See Arizona Laws 38-875
  • 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
  • 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. See Arizona Laws 38-951
  • Employer contributions: means all amounts paid into ASRS by an employer on behalf of a member. See Arizona Laws 38-711
  • Employer contributions: means all amounts paid into the LTD program by an employer. See Arizona Laws 38-797
  • Employer contributions: means all amounts paid into the EODC disability program by an employer. See Arizona Laws 38-840
  • Employers: means :

    (a) Cities contributing to the fire fighters' relief and pension fund as provided in sections 9-951 through 9-971 or statutes amended thereby and antecedent thereto, as of June 30, 1968 on behalf of their full-time paid firefighters. See Arizona Laws 38-842

  • Employment: means any service performed by an employee in the employ of this state or a political subdivision of this state, for the employer, except service that in the absence of an agreement entered into under this article would constitute "employment" as defined in the social security act, or service that under the social security act may not be included in an agreement between this state and the commissioner of social security entered into under this article. See Arizona Laws 38-701
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Executed by the corporation: means executed by manual or facsimile signature on behalf of the corporation by a duly authorized officer or, if the corporation is in the hands of a receiver or trustee, by the receiver or trustee. See Arizona Laws 10-140
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fiduciary: A trustee, executor, or administrator.
  • Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:

    (a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140

  • Fiscal year: means the period from July 1 of any year to June 30 of the following year. See Arizona Laws 38-711
  • fiscal year: means the period beginning on July 1 of any year and ending on June 30 of the next succeeding year. See Arizona Laws 38-801
  • fiscal year: means the period beginning on July 1 of any year and ending on June 30 of the next succeeding year. See Arizona Laws 38-842
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • fiscal year: means the period beginning on July 1 of any year and ending on June 30 of the next succeeding year. See Arizona Laws 38-881
  • Foreign corporation: means a corporation for profit that is incorporated under a law other than the law of this state. See Arizona Laws 10-140
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the elected officials' retirement plan fund. See Arizona Laws 38-801
  • Fund: means the public safety personnel retirement fund, which is the fund established to receive and invest contributions accumulated under the system and from which benefits are paid. See Arizona Laws 38-842
  • Fund: means the corrections officer retirement plan fund. See Arizona Laws 38-881
  • Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inactive member: means a member who previously made contributions to ASRS and who satisfies each of the following:

    (a) Has not retired. See Arizona Laws 38-711

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Individual: includes the estate of an incompetent or deceased individual. See Arizona Laws 10-140
  • Insolvent: means inability of a corporation to pay its debts as they become due in the usual course of its business. See Arizona Laws 10-140
  • Interest: means the assumed actuarial investment earnings rate approved by the board. See Arizona Laws 38-711
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal revenue code: means the United States internal revenue code of 1986, as amended. See Arizona Laws 38-711
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment manager: means the persons, companies, banks, insurance company investment funds, mutual fund companies, management or any combinations of those entities that are appointed by ASRS and that have responsibility and authority for investment of the monies of ASRS. See Arizona Laws 38-711
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile detention officer: means a juvenile detention officer responsible for the direct custodial supervision of juveniles who are detained in a county juvenile detention center. See Arizona Laws 38-881
  • Known place of business: means the known place of business required to be maintained pursuant to section 10-501. See Arizona Laws 10-140
  • leased employee: means an individual who:

    (i) Is not otherwise an employee of an employer. See Arizona Laws 38-711

  • Leave of absence: means any unpaid leave authorized by the employer, including leaves authorized for sickness or disability or to pursue education or training. See Arizona Laws 38-711
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Life annuity: means equal monthly installments payable during the member's lifetime after retirement. See Arizona Laws 38-711
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local board: means the retirement board of the employer, who are the persons appointed to administer the system as it applies to their members in the system. See Arizona Laws 38-842
  • Local board: means the retirement board of the employer that consists of persons appointed or elected to administer the plan as it applies to the employer's members in the plan. See Arizona Laws 38-881
  • LTD program: means the long-term disability program established by this article. See Arizona Laws 38-797
  • Member: means an elected official under the defined contribution system. See Arizona Laws 38-831
  • Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
  • Member contributions: means all amounts paid to ASRS by a member. See Arizona Laws 38-711
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Monthly compensation: means the amount determined by taking the six pay periods immediately before the date of the member's disability in the fiscal year in which the member develops a disability, disregarding the highest two and lowest two compensation amount pay periods and deriving the mean of the two remaining pay periods. See Arizona Laws 38-797
  • Normal costs: means the sum of the individual normal costs for all active members for each fiscal year. See Arizona Laws 38-711
  • Normal retirement age: means the age at which a member reaches the member's normal retirement date. See Arizona Laws 38-711
  • Normal retirement date: means the earliest of the following:

    (a) For a member whose membership commenced before July 1, 2011:

    (i) A member's sixty-fifth birthday. See Arizona Laws 38-711

  • Normal retirement date: means :

    (a) For an employee who becomes a member of the system before January 1, 2012, the first day of the calendar month immediately following the employee's completion of twenty years of service or the employee's sixty-second birthday and the employee's completion of fifteen years of service. See Arizona Laws 38-842

  • Normal retirement date: means :

    (a) For an employee who becomes a member of the plan before January 1, 2012, the first day of the calendar month immediately following the employee's completion of twenty years of service or, in the case of a dispatcher, twenty-five years of service, the employee's sixty-second birthday and completion of ten years of service or the month in which the sum of the employee's age and years of credited service equals eighty. See Arizona Laws 38-881

  • Notice of receipt: means a written document that is issued by the plan to a participant and alternate payee and that states that the plan has received a domestic relations order and a request for a determination that the domestic relations order is a plan approved domestic relations order. See Arizona Laws 38-801
  • Notice of receipt: means a written document that is issued by the system to a participant and alternate payee and that states that the system has received a domestic relations order and a request for a determination that the domestic relations order is a plan approved domestic relations order. See Arizona Laws 38-842
  • Notice of receipt: means a written document that is issued by the plan to a participant and alternate payee and that states that the plan has received a domestic relations order and a request for a determination that the domestic relations order is a plan approved domestic relations order. See Arizona Laws 38-881
  • Ordinary disability: means a physical condition that the local board determines will prevent an employee totally and permanently from performing a reasonable range of duties within the employee's department or a mental condition that the local board determines will prevent an employee totally and permanently from engaging in any substantial gainful activity. See Arizona Laws 38-842
  • Ordinary disability: means a physical condition that the local board determines will totally and permanently prevent an employee from performing a reasonable range of duties within the employee's department or a mental condition that the local board determines will totally and permanently prevent an employee from engaging in any substantial gainful activity. See Arizona Laws 38-881
  • Participant: means a member who is subject to a domestic relations order. See Arizona Laws 38-801
  • Participant: means a member who is subject to a domestic relations order. See Arizona Laws 38-842
  • Participant: means :

    (a) A member as defined in section 38-842, paragraph 31, subdivision (a), excluding subdivision (a), item (vi), who is one of the following:

    (i) An employee who is hired on or after July 1, 2017, who makes the irrevocable election to participate solely in the defined contribution plan established pursuant to this article and who was not an active, an inactive or a retired member of the system or a member of the system with a disability on June 30, 2017. See Arizona Laws 38-865

  • Participant: means a participant who is in the public safety personnel defined contribution retirement plan and who is a participant as defined in section 38-865, paragraph 7, subdivision (a), item (i) or subdivision (b). See Arizona Laws 38-870
  • Participant: means any individual who is employed by an employer and who is enrolled in one of the retirement systems or plans administered by the board. See Arizona Laws 38-875
  • Participant: means a member who is subject to a domestic relations order. See Arizona Laws 38-881
  • Participating employer: means an employer that the board has determined to have one or more employees in a designated position or a county, city, town or department of this state that has entered into a joinder agreement pursuant to section 38-902. See Arizona Laws 38-881
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Pension: means a series of monthly payments to a person who is entitled to receive benefits under the plan. See Arizona Laws 38-801
  • Pension: means a series of monthly amounts that are payable to a person who is entitled to receive benefits under the plan but does not include an annuity that is payable pursuant to section 38-846. See Arizona Laws 38-842
  • 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
  • Pensionable compensation: means the amount of the participant's annual compensation that does not exceed the limitation specified in section 38-843. See Arizona Laws 38-865
  • Person: includes an individual and entity. See Arizona Laws 10-140
  • Personal representative: means the personal representative of a deceased alternate payee. See Arizona Laws 38-801
  • Personal representative: means the personal representative of a deceased alternate payee. See Arizona Laws 38-842
  • Personal representative: means the personal representative of a deceased alternate payee. See Arizona Laws 38-881
  • Physician: means a physician who is licensed pursuant to title 32, chapter 13 or 17. See Arizona Laws 38-801
  • Physician: means a physician who is licensed pursuant to title 32, chapter 13 or 17. See Arizona Laws 38-842
  • Physician: means a physician who is licensed pursuant to title 32, chapter 13 or 17. See Arizona Laws 38-881
  • Plan: means the elected officials' retirement plan. See Arizona Laws 38-801
  • Plan: means the elected officials' retirement plan established by article 3 of this chapter. See Arizona Laws 38-831
  • plan: means the corrections officer retirement plan established by this article. See Arizona Laws 38-881
  • Plan: means a defined contribution plan authorized by this article. See Arizona Laws 38-951
  • Plan approved domestic relations order: means a domestic relations order that the plan approves as meeting all the requirements for a plan approved domestic relations order as otherwise prescribed in this article. See Arizona Laws 38-801
  • Plan approved domestic relations order: means a domestic relations order that the system approves as meeting all the requirements for a plan approved domestic relations order as otherwise prescribed in this article. See Arizona Laws 38-842
  • Plan approved domestic relations order: means a domestic relations order that the plan approves as meeting all the requirements for a plan approved domestic relations order as otherwise prescribed in this article. See Arizona Laws 38-881
  • Political subdivision: includes counties, incorporated cities or towns and school districts in this state, and any other political subdivision as defined in article XIII, section 7, Constitution of Arizona. See Arizona Laws 38-701
  • Political subdivision: means any political subdivision of this state and includes a political subdivision entity. See Arizona Laws 38-711
  • Political subdivision entity: means an entity:

    (a) That is located in this state. See Arizona Laws 38-711

  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located or in any other document executed by the corporation by an officer and delivered to the commission for filing. See Arizona Laws 10-140
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes a civil suit and a criminal, administrative and investigatory action. See Arizona Laws 10-140
  • program: means the elected officials' defined contribution retirement system disability program established by this article. See Arizona Laws 38-840
  • program: means the public safety personnel defined contribution retirement plan disability program established by this article. See Arizona Laws 38-870
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public officer: means the incumbent of any office, member of any board or commission, or his deputy or assistant exercising the powers and duties of the officer, other than clerks or mere employees of the officer. See Arizona Laws 38-101
  • Regularly assigned to hazardous duty: means regularly assigned to duties of the type normally expected of municipal police officers, municipal or state firefighters, eligible fire district firefighters, state highway patrol officers, county sheriffs and deputies, fish and game wardens, firefighters and police officers of a nonprofit corporation operating a public airport pursuant to sections 28-8423 and 28-8424, police officers who are appointed by the Arizona board of regents or a community college district governing board, state attorney general investigators who are certified peace officers, county attorney investigators who are certified peace officers, department of liquor licenses and control investigators who are certified peace officers, Arizona department of agriculture officers who are certified peace officers, Arizona state parks board rangers and managers who are certified peace officers, county park rangers who are certified peace officers, police officers who are certified peace officers and who are employed by an Indian reservation police agency or firefighters who are employed by an Indian reservation firefighting agency. See Arizona Laws 38-842
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • retired: means termination of employment after a member has fulfilled all requirements for a pension, for an employee who becomes a member of the system on or after January 1, 2012 and before July 1, 2017, attains the age and service requirements for a normal retirement date or for an employee who becomes a member of the system on or after July 1, 2017 attains the age and credited service requirements for a normal retirement date. See Arizona Laws 38-842
  • 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 a member who is receiving retirement benefits pursuant to this article. See Arizona Laws 38-711
  • Retired member: means a person who is being paid a pension based on the person's credited service as a member of the plan. See Arizona Laws 38-801
  • 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
  • Salary: means the base salary, shift differential pay, military differential wage pay and holiday pay paid a member for personal services rendered in a designated position to a participating employer on a regular monthly, semimonthly or biweekly payroll basis. See Arizona Laws 38-881
  • Secretary: means that officer designated as the secretary in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of secretary, irrespective of the name by which designated. See Arizona Laws 10-140
  • Segregated funds: means the amount of benefits that would currently be payable to an alternate payee pursuant to a domestic relations order under review by the plan, or a domestic relations order submitted to the plan that failed to qualify as a plan approved domestic relations order, if the domestic relations order were determined to be a plan approved domestic relations order. See Arizona Laws 38-801
  • Segregated funds: means the amount of benefits that would currently be payable to an alternate payee pursuant to a domestic relations order under review by the system, or a domestic relations order submitted to the system that failed to qualify as a plan approved domestic relations order, if the domestic relations order were determined to be a plan approved domestic relations order. See Arizona Laws 38-842
  • Segregated funds: means the amount of benefits that would currently be payable to an alternate payee pursuant to a domestic relations order under review by the plan, or a domestic relations order submitted to the plan that failed to qualify as a plan approved domestic relations order, if the domestic relations order were determined to be a plan approved domestic relations order. See Arizona Laws 38-881
  • Service: means the last period of continuous employment of an employee by the employers before the employee's retirement, except that if such period includes employment during which the employee would not have qualified as a member had the system then been effective, such as employment as a volunteer firefighter, then only twenty-five percent of such noncovered employment shall be considered as service. See Arizona Laws 38-842
  • Service: means employment rendered to a participating employer as an employee in a designated position. See Arizona Laws 38-881
  • Service year: means fiscal year, except that:

    (a) If the normal work year required of a member is less than the full fiscal year but is for a period of at least nine months, the service year is the normal work year. See Arizona Laws 38-711

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Arizona Laws 10-140
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
  • Social security act: means the federal social security act (42 United States Code chapter 7), including regulations and requirements issued pursuant to that act. See Arizona Laws 38-701
  • State: means this state, including any department, office, board, commission, agency, institution or other instrumentality of this state. See Arizona Laws 38-711
  • State: means the state of Arizona, including any department, office, board, commission, agency or other instrumentality of the state. See Arizona Laws 38-842
  • State agency: means the state agency that is designated by the governor to serve as the social security administrator for this state under the federal old age and survivors insurance system. See Arizona Laws 38-701
  • Statute: A law passed by a legislature.
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • System: means the public safety personnel retirement system. See Arizona Laws 38-801
  • System: means the public safety personnel retirement system established by article 4 of this chapter. See Arizona Laws 38-840
  • System: means the public safety personnel retirement system established by this article. See Arizona Laws 38-842
  • System: means the public safety personnel retirement system established by article 4 of this chapter. See Arizona Laws 38-865
  • Temporary disability: means a physical or mental condition that the local board finds totally and temporarily prevents an employee from performing a reasonable range of duties within the employee's department and that was incurred in the performance of the employee's duty. See Arizona Laws 38-842
  • 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
  • trustees: means individuals, designated in the articles of incorporation or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Arizona Laws 10-3140
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Venue: The geographical location in which a case is tried.
  • Vested: means that a member is eligible to receive a future retirement benefit. See Arizona Laws 38-711
  • Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote that is contingent on the happening of a condition or event that has not occurred at the time. See Arizona Laws 10-3140
  • written: includes blockchain technology as defined in section 44-7061. See Arizona Laws 10-140