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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 175
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HOUSE BILL 2339 |
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AN ACT
Amending sections 38‑703 and 38‑755, Arizona Revised Statutes; relating to the Arizona state retirement system.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-703, Arizona Revised Statutes, is amended to read:
38-703. Plans for coverage of employees of eligible political subdivisions; payroll audits
A. Each eligible political subdivision of this state may submit for approval by the state agency a plan for extending the benefits of title II of the social security act, in conformity with applicable provisions of the social security act, to employees of the eligible political subdivisions. The state agency shall approve each plan and any amendment of the plan if it finds that the plan or amendment of the plan is in conformity with requirements provided in rules of the state agency, except that a plan shall not be approved unless:
1. It is in conformity with the requirements of the social security act and with the agreement entered into under section 38‑702.
2. It provides that all services that constitute employment and that are performed in the employ of the eligible political subdivision by employees of the political subdivision are covered by the plan.
3. It provides for such methods of administration of the plan by the eligible political subdivisions that the state agency finds to be necessary for the proper and efficient administration of the plan.
4. It provides that the eligible political subdivision make reports, in the form and containing the information, the state agency from time to time requires, and comply with provisions the state agency or the commissioner of social security from time to time finds necessary to assure the correctness and verification of the reports.
B. The state agency shall not finally refuse to approve a plan submitted by an eligible political subdivision under subsection A of this section without reasonable notice and the opportunity for a hearing to the political subdivision affected by the refusal.
Sec. 2. Section 38-755, Arizona Revised Statutes, is amended to read:
38-755. Member's account information; beneficiary designation; spousal consent; confidentiality
A. Subject to rules prescribed by the board, on application of a member, the board shall furnish information concerning the member's status. In addition, the board shall furnish to each member an account, that may be electronic or online, showing the status of the member's account, including the name of the member's beneficiary as last listed with the board.
A. ASRS shall make information concerning a member's account accessible to the member in written or electronic form. This information shall include the member's current account balance, contact information, beneficiary election, estimated retirement date and estimated benefit amount.
B. The member may change the member's beneficiary at any time in a manner established by ASRS.
C. A member who is married shall name and maintain the member's current spouse as a beneficiary to receive at least fifty per cent percent of the member's account, unless naming or maintaining the current spouse as a beneficiary violates another law, an existing contract or a court order. The member's current spouse may consent to a waiver of this requirement pursuant to section 38‑776.
D. In order to protect a member's identity from fraud, abuse, theft or civil or criminal activity, information about a member is not subject to inspection pursuant to title 39, chapter 1, article 2, except that the following information about a member is subject to inspection:
1. The member's name.
2. Whether the member is an active member as defined in section 38‑711, an inactive member as defined in section 38‑711 or a retired member as defined in section 38‑711.
3. The member's current or most recent employer.
4. For a retired member, the average monthly compensation, as defined in section 38‑711, used to calculate the member's retirement benefit.
5. The credited service as defined in section 38‑711 on account for an active or inactive member or the credited service used to calculate the retirement benefit for a retired member.
6. The gross pension amount actually paid to a retired member.
7. The most recent retirement date.
8. The current account balance for an active or inactive member.
9. The gross long‑term disability program benefit actually paid to a member with a disability pursuant to article 2.1 of this chapter.
10. The amount paid to purchase credited service pursuant to section 38‑743, 38‑744 or 38‑745.
11. The amount of credited service purchased pursuant to section 38‑743, 38‑744 or 38‑745.
E. ASRS shall not permit any unredacted record to be inspected that contains a member's social security number, bank account information, address, telephone number, e-mail address, medical records, health insurance information, beneficiary or survivor information or disability information or any information that is protected by any federal or state law.
APPROVED BY THE GOVERNOR APRIL 1, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2015.