Bill Text: AZ HB2036 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: ASRS; temporary personnel service
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-05 - House WM Committee action: Do Pass, voting: (8-0-0-1-0-0) [HB2036 Detail]
Download: Arizona-2025-HB2036-Introduced.html
PREFILED JAN 08 2025
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REFERENCE TITLE: ASRS; temporary personnel service |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2036 |
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Introduced by Representative Livingston
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An Act
amending section 38-745, 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 38-745, Arizona Revised Statutes, is amended to read:
38-745. Credit for military service; temporary personnel service
A. An active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 may purchase credited service in ASRS for active military service if all of the following apply:
1. The member was honorably separated from the military service.
2. The member submits a copy of the member's military service record (DD-214) or its equivalent with the member's application for military service credit.
3. If a member's membership date is on or after July 1, 2010, the member must have at least five years of credited service in ASRS.
4. Except as provided by 10 United States Code section 12736, the member is not yet eligible for a military retirement benefit.
B. For a member whose membership date is on or after July 20, 2011, the member may purchase not more than sixty months of credited service pursuant to subsection A of this section.
C. The cost to purchase military service credit is an amount equal to the present value of the additional benefit that is derived from the purchased credited service using the actuarial assumptions that are approved by the board.
D. An active member of ASRS who is called to active military service or who is appointed as temporary personnel by a federal agency may receive credited service for not more than sixty months of active military service or temporary personnel service, except as provided by the uniformed services employment and reemployment rights act (38 United States Code section 4312(c)) and the civilian reservist emergency workforce act of 2021 (P.L. 117-178; 136 Stat. 2110; 42 United States Code section 5149(d)). The member's employer shall make employer contributions and member contributions for the member if the member meets the following requirements:
1. Was an active member of ASRS on the day before the member began active military service or temporary personnel service.
2. Is a member of the Arizona national guard, or is a member of the reserves of any military establishment of the United States or is appointed as temporary personnel by a federal agency.
3. Volunteers or is ordered into active military service of the United States as part of a military call-up or is appointed as temporary personnel by a federal agency.
4. One of the following occurs:
(a) Is honorably separated from active military service or is released from temporary personnel service by a federal agency and returns to employment for the same employer from which the member left for active military service or temporary personnel service within ninety days after the date active military service or temporary personnel service is terminated.
(b) Is hospitalized as a result of military service or temporary personnel service and returns to employment for the same employer from which the member left for active military service or temporary personnel service within ninety days after release from service related service-related hospitalization.
(c) Develops a disability as a result of or during the military service or temporary personnel service and is unable to return to the same employer.
(d) Dies as a result of or during the military service or temporary personnel service.
E. Contributions made pursuant to subsection D of this section shall be for the period of time beginning on the date the member began active military service or temporary personnel service and ending on the later of one of the following dates:
1. The date the member returns to employment or the date the member should have returned to employment pursuant to 20 Code of Federal Regulations section 1002.115, whichever date is earlier.
2. The date the member is released from service related service-related hospitalization or two years after initiation of service related service-related hospitalization, whichever date is earlier.
3. One year after the date of disability.
4. The date the member dies as a result of or during active military service or temporary personnel service.
F. Notwithstanding any other law, on payment of the contributions made pursuant to subsection D of this section, the member shall be credited with service for retirement purposes for the period of time of active military service or temporary personnel service of not more than sixty months.
G. The employer shall make contributions pursuant to subsection D of this section as follows:
1. Contributions shall be based on the compensation that a member would have received but for the period that the member was ordered into active military service or temporary personnel service.
2. If the employer cannot reasonably determine a member's rate of compensation for the period that the member was ordered into active military service or temporary personnel service, the employer shall make contributions based on the member's average rate of compensation during the twelve-month period immediately preceding the period of active military service or temporary personnel service.
3. If a member has been employed less than twelve months before being ordered into active military service or temporary personnel service, the employer shall make contributions based on the employment period immediately preceding the period of active military service or temporary personnel service.
4. Employer contributions shall be made in a lump sum and without penalty when the member returns to employment, when it is determined that the member is unable to return to employment because of a disability as a result of or that occurred during military service or temporary personnel service or on receipt of the member's death certificate. If a member suffers a service related service-related death, the employer shall make the employer and member contributions up to and including the date of the member's death. Death benefits shall be calculated as prescribed by law.
H. In computing the length of total credited service of a member for the purpose of determining retirement benefits or eligibility, the period of military service or temporary personnel service, as prescribed by this section, shall be included.
I. Notwithstanding any other law, the member is not required to reimburse the member's employer or ASRS for any contribution made pursuant to subsection D of this section.
J. In addition to, but not in duplication of, the provisions of subsection D of this section, contributions, benefits and credited service provided pursuant to this section shall be provided in accordance with section 414(u) of the internal revenue code.
K. A member who does not currently perform services for an employer by reason of qualified military service, as that term is defined in section 414(u) of the internal revenue code, or temporary personnel service and who is receiving differential wage payments, as that term is defined in section 3401(h)(2) of the internal revenue code, shall not be considered as having a severance from employment for all purposes under ASRS during the period the differential wages are being paid by the employer to the employee.
