§ 38-841 Purpose; vested benefits
§ 38-842 Definitions
§ 38-842.01 Benefit election; eligibility; disability; death; employees hired on or after July 1, 2017
§ 38-842.02 Public safety employer risk pool
§ 38-843 Contributions
§ 38-843.01 Internal revenue code section 414(h) pickup of member contributions
§ 38-843.02 Internal revenue code qualification
§ 38-843.03 Statutory construction
§ 38-843.04 Compensation limitation; adjustments; definition
§ 38-843.05 Retired members; return to work; employer contributions
§ 38-843.06 Required distributions
§ 38-843.07 Adjustment and refund; termination of the system
§ 38-844 Requirements for retirement benefits and disability pensions
§ 38-844.01 Vested rights to benefits
§ 38-844.02 Deferred retirement option plan for employees hired before January 1, 2012; purpose
§ 38-844.03 Eligibility; participation
§ 38-844.04 Termination of deferred retirement option plan participation
§ 38-844.05 Deferred retirement option benefits and participation accounts
§ 38-844.06 Additional deferred retirement option plan provisions
§ 38-844.07 Designation of deferred retirement option plan beneficiaries
§ 38-844.08 Payment of deferred retirement option plan benefits
§ 38-844.09 Internal revenue code compliance
§ 38-845 Amount of retirement benefit
§ 38-845.01 Maximum annual pension; limitations; definition
§ 38-845.02 Payment of pension
§ 38-845.03 Early retirement
§ 38-846 Death benefits
§ 38-846.01 Deferred annuity; exception
§ 38-846.02 Termination of membership
§ 38-846.03 Reinstatement of surviving spouse’s pension
§ 38-846.04 Reinstatement of credited service; effect of prior law
§ 38-846.05
§ 38-847 Local boards
§ 38-847.01 Membership in retirement plan; eligibility
§ 38-848 Board of trustees; powers and duties; independent trust fund; administrator; agents and employees; advisory committee
§ 38-848.01 Qualified governmental excess benefit arrangement; definitions
§ 38-848.02 Board of trustees; report on employer and employee costs; posting funding ratio
§ 38-848.03 Appointed investment management
§ 38-848.04 Board fiduciary obligations and duties; enforcement; definitions
§ 38-849 Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired member or member with a disability; definition
§ 38-850 Assurances and liabilities; board of trustee discretion; overpayments; underpayments
§ 38-851 Participation of new employers
§ 38-852 Taxation of benefits; exemption of contributions and securities
§ 38-852.01 Benefits not to be reduced by social security payments
§ 38-853 Transfer of credited service
§ 38-853.01 Redemption of prior service; calculation
§ 38-853.02 Purchase of service; payment
§ 38-854 Guarantees from prior systems
§ 38-855 Transfer outside the public safety personnel retirement system
§ 38-856.05 Cost-of-living adjustment; members hired on or before June 30, 2017
§ 38-856.06 Cost-of-living adjustment; members hired on or after July 1, 2017; definition
§ 38-857 Group health and accident coverage for retired members; payment; forfeiture of interest
§ 38-858 Credit for military service
§ 38-859 Medical boards; purposes; composition; medical examinations
§ 38-860 Domestic relations orders; procedures; payments
§ 38-861 Future benefit increases; payment; cost calculation; definition
§ 38-862 Discount rate; service purchase; transfer of service credits
§ 38-863 Employer disclosure; funding ratio
§ 38-863.01 Pension funding policies; employers

Terms Used In Arizona Laws > Title 38 > Chapter 5 > Article 4

  • 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
  • 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
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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
  • Alternate payee: means the spouse or former spouse of a participant as designated in a domestic relations order. See Arizona Laws 38-842
  • 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
  • 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.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • 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
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • 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
  • 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 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
  • Direct rollover: means a payment by the system to an eligible retirement plan that is specified by the distributee. 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 38-842
  • 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 38-842
  • 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
  • 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 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 38-842

  • 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 38-842

  • 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 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
  • 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

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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
  • 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.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • 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

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Participant: means a member who is subject to a domestic relations order. See Arizona Laws 38-842
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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 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
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personal representative: means the personal representative of a deceased alternate payee. See Arizona Laws 38-842
  • Physician: means a physician who is licensed pursuant to title 32, chapter 13 or 17. See Arizona Laws 38-842
  • 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
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • 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
  • 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
  • State: means the state of Arizona, including any department, office, board, commission, agency or other instrumentality of the state. See Arizona Laws 38-842
  • 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 established by this article. See Arizona Laws 38-842
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing. See Arizona Laws 1-215