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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 227
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HOUSE BILL 2166 |
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AN ACT
Amending section 38‑766.02, 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 38-766.02, Arizona Revised Statutes, is amended to read:
38-766.02. Retired members; return to work; employer contribution payments; definitions
A. Notwithstanding section 38‑766.01, subsection E, beginning July 1, 2012, an employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work with an ASRS employer in any capacity in a position ordinarily filled by an employee of the employer or in a position that is similar in duties and responsibilities to that of a position ordinarily filled by an employee of the employer. This subsection applies to a retired member who has reached a normal retirement age or a retired member who retired under section 38‑758 if the retired member's retirement benefit has not been suspended pursuant to section 38‑766.
B. The ASRS actuary shall determine the alternate contribution rate in an annual valuation performed as of June 30. For the fiscal year beginning on July 1 of the following calendar year, the valuation shall determine the percentage to be applied to the compensation, gross salary or contract fee of a retired member who meets the requirements of this section.
C. The alternate contribution rate shall not be less than two percent in any fiscal year. The alternate contribution rate is equal to the lesser of:
1. The employer contribution rate established by the ASRS actuary pursuant to section 38‑737 plus the employer contribution rate established by the ASRS actuary pursuant to section 38‑797.06.
2. The total past service funding requirement rate established by the ASRS actuary pursuant to section 38‑737 plus the total past service funding requirement rate established by the ASRS actuary pursuant to section 38‑797.06.
D. ASRS shall determine the schedule and method of payment of the alternate contribution rate. Subject to section 38-738, subsection A, all contributions made by the employer and allocated to the fund established by section 38‑712 are irrevocable and shall be used as benefits under this article or to pay the expenses of ASRS. Payments made pursuant to this section by employers become delinquent after the due date prescribed in the board's rules and thereafter shall be increased by interest from and after that date until payment is received by ASRS. ASRS shall charge interest on the delinquent payments as prescribed in section 38‑711. ASRS may recover delinquent payments due under this section, together with interest charges as provided in this section, by action in a court of competent jurisdiction against an employer liable for payments or, at the request of the director, ASRS may deduct the delinquent payments and interest charges from any other monies, including excise revenue taxes, payable to the employer by any department or agency of this state.
E. An employer of a retired member shall submit any reports, data, paperwork or materials that are requested by ASRS and that are necessary to determine the compensation, gross salary or contract fee associated with a retired member who returns to work or to determine the function, utilization, efficacy or operation of the return to work program.
F. For the purposes of this section:
1. "Contract fee" means the gross amount paid to a retired member as an independent contractor minus an amount, not to exceed ten per cent percent, for an administrative fee.
2. "Gross salary" means the gross amount paid to a retired member by a leasing company as salary or wages, including amounts that are subject to deferred compensation or tax shelter agreements, for services rendered or that would have been paid to the retired member except for the member's election or a legal requirement that all or part of the gross amount be used for other purposes.
APPROVED BY THE GOVERNOR MAY 1, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 1, 2017.