RULE 8-20CONTRACT BUYOUTS OR OTHER COURT-ORDERED PAYMENTSA.C.A. § 24-7-735
I.SERVICE CREDIT ACCRUALA. For contract buyouts and settlements or court ordered payments to a member, service credit is only allowed to accrue for actual on-site work for the covered employer by the member. However, if the member is not subject to either a contract buyout or court ordered payment, salary paid to the member as a regular employee, as if the member were providing services, shall be credited for salary and service purposes if the member is on call to the employer; however, such on call credit may not be stacked with salary at another ATRS employer.B. In order to accrue service credit during a period of time that is redressed in a contract buyout or other court-ordered payment of salary, or salary and benefits, the member shall perform on-site work for the covered employer. II.ADJUSTMENT OF BENEFITATRS shall not adjust a benefit or benefit calculation for a member until the covered employer or benefit participant provides a certified copy of the court-order payment or settlement to ATRS, or if a contract buyout, a certified copy of the contract buyout.
Adopted: July 1, 2011 (Emergency)
Adopted: August 8, 2011
Effective: November 11, 2011
Approved by Board:July 26, 2013
Amended: October 9, 2013
Effective: November 8, 2013
AGE AND SERVICE (VOLUNTARY) RETIREMENT
A.C.A. § 24-7-502, A.C.A. §§ 24-7-701 -707, and A.C.A. § 24-7-202 (unless otherwise noted)
REGULATIONS
1.RETIREMENT ELIGIBILITYIf eligible, any active or inactive member who attains age 60 and has five (5) or more years of actual and reciprocal service credit may voluntarily retire upon written application filed with the System. In order to be eligible, a member must comply with the following requirements:
A. Satisfy the credited service requirements under one of the System's retirement statutes, A.C.A. §§ 24-7-701 -707,B. Be credited with all required employer and member contributions in the member's deposit account with no amounts owed to the System,C. Pay all amounts owed to the System for underpayments or purchase service accounts; andD. Terminate employment with all participating employers or have reached age 65 or older. 2.BENEFITSA. Benefits Formula The retirement benefits payable shall be the total number of contributory years of credited service multiplied by 2.15% of the final average salary, plus the total number of noncontributory years of credited service multiplied by 1.39% of the final average salary.
If an employer reports additional salary for a member, but the result does not increase or decrease the annual benefits by $25.00 or more, the contributions will be transferred from the member's deposit account to the employer accumulation account without making any change in the member's benefit. If the additional salary does increase or decrease the retiree's annual benefit by $25.00, the retirement benefits will be recalculated, and necessary changes will be made in the member's benefit.
B. Effective Date of Retirement Benefits (A.C.A. § 24-7-701) If a member meets all eligibility requirements for retirement and is approved for retirement, annuity benefits shall be effective the month proposed by the member. If the member does not file an application at least one calendar month prior to the proposed effective retirement date, then that proposed retirement effective date cannot be used, and the member's effective retirement date shall be the following month.
If a member has signed an employment contract for the fiscal year and has been paid in full without providing service for the full period of the employment contract, the member's retirement effective date shall not be prior to July 1 of the subsequent fiscal year.
C. Compound Cost of Living Adjustment (A.C.A. § 24-7-727)i. In the years that the Board elects to compound the COLA, the simple COLA shall not be payable. In a year the Board elects not to compound the COLA, the simple COLA under A.C.A. § 24-7-713 shall be given.D. Last Benefit Payment Upon Death Benefits are payable through the month in which the retirant's death occurs.
RULES
1. A member age 65 or older may apply for retirement benefits without terminating employment and may begin drawing benefits with no effect on the member's retirement benefit.2. In addition to a complete retirement application, the following documents are mandatory documents and shall be submitted to ATRS within six months of the effective date of retirement unless an extension is granted by ATRS: A. Member elects a straight life annuity: 1. Proof of member's birthdate from a birth certificate or other authenticating documents.2. Proof of member's tax payer identification number from a Social Security card or other authenticating documents.B. Member elects Option A or Option B benefit with Spouse as the beneficiary: 1. Proof of member's birthdate from a birth certificate or other authenticating documents.2. Proof of member's tax payer identification number from a Social Security card or other authenticating documents.3. Proof of spouse's birthdate from a birth certificate or other authenticating documents.4. Proof of spouse's tax payer identification number from a Social Security card or other authenticating documents.5. Proof of marriage between the member and spouse from a marriage license or equivalent, marriage license recording document, or other legally acceptable proof of the existence of the marriage.C. Member elects Option A or Option B benefit with incompetent child as the beneficiary: 1. Proof of member's birthdate from a birth certificate or other authenticating documents.2. Proof of member's tax payer identification number from a Social Security card or other authenticating documents.3. Adequate proof of the existence of a guardianship of the member's child due to incapacity that preexists the member's official retirement date. Authenticating documents may include the order appointing guardianship of the person, letters of guardianship or other adequate proof of the existence of the guardianship due to the incapacity of the member's child.4. Proof of child's tax payer identification number from a Social Security card or other authenticating documents.D. Member elects Option C annuity: 1. Proof of member's birthdate from a birth certificate or other authenticating documents.2. Proof of member's tax payer identification number from a Social Security card or other authenticating documents. The failure to submit a complete retirement application and any mandatory documents within a six-month period from the member's effective retirement date plus any extension granted by ATRS shall result in the retirement application being voided and of no effect. This rule on required documents applies to all retirement applications including retirement based upon age retirement, service retirement, early retirement, and disability retirement.
Amended: June 15, 2004
February 7, 2006
April 26, 2007
June 16, 2009 (Emergency)
October 5, 2009 (Permanent)
July 1, 2011 (Emergency)
Adopted: August 8, 2011
Effective: November 11, 2011
Approved by Board: July 26, 2013
Amended: October 9, 2013
Effective: November 8, 2013
RULE 10-2EMPLOYMENT OF AN ATRS RETIREE BY A PARTICIPATING EMPLOYER
A.C.A. § 24-7-202, A.C.A. § 24-7-502, and A.C.A. § 24-7-708
I.DEFINITIONSA.Salary is defined by A.C.A. § 24-7-202(27), provided that non-mandatory compensation that is taxable by the IRS is not salary for ATRS purposes.B.Normal retirement age means sixty-five (65) years of age.C.Participating employer means an employer who participates in the Arkansas Teacher Retirement System whose employees are eligible for membership under A.C.A. § 24-7-501 or other applicable law.D.Retiree means a member receiving an ATRS retirement annuity.E.Retiresmeans that a member ceases to be active and is eligible to receive an ATRS annuity. II.REGULATIONSA. Upon acceptance of employment with a participating employer, the retiree and employer must report to ATRS the employment of the retiree on the forms and reports as required by the System.B. Employers will report all retirees who are employed by a participating employer on the retirement reports filed by employers.C. Effective July 1, 2009, no earnings limitation shall apply to retirees who become employed with participating employers.D. When a retiree becomes employed by a participating employer the retiree shall not accrue additional service credit, and no member contributions shall be withheld or paid to ATRS. E For the return to work rules applicable to disability retirees receiving benefits under A.C.A. § 24-7-704, see Policy No. 9-4 (Disability Retirement).Amended: June 15, 2004
July 18, 2005
October 4, 2005
December 6, 2005
June 19, 2007
February 11, 2008
June 16, 2009 (Emergency)
October 5, 2009 (Permanent)
Approved by Board:July 26, 2013
Amended: October 9, 2013
Effective: November 8, 2013
RULE 12-1PROTECTION OF "QUALIFIED TRUST" STATUS OF ATRS UNDER INTERNAL REVENUE CODE § 401(a)A.C.A. § 24-7-202(16) Act 71 of 2005
DEFINITION
Internal Revenue Codeor Code, as used in these policies, rules, and regulations, means the federal Internal Revenue Code of 1986, as amended, as it existed on January 1, 2013.
RULES (A.C.A. § 24-7-210)
1. The Executive Director of the Arkansas Teacher Retirement System is authorized and directed to operate ATRS and interpret any provisions of A.C.A. §§ 24-7-101et seq. and these policies, rules, and regulations consistent with the requirements under the federal Internal Revenue Code and applicable United States Treasury regulations necessary to permit ATRS to be operated as a "qualified trust" under section 401(a) of the Code.2. Policies, rules, and regulations promulgated by the Board shall be consistent with these directions.3. Any policies, rules, or regulations found to be in conflict with an applicable provision of the Code are void.4. The Board may modify or eliminate an ATRS Rule by resolution at any Board meeting if a Code requirement becomes unnecessary, immaterial, or obsolete to the maintenance of ATRS qualified trust status, for the purposes under Act 109 of 2013. Adopted: July 18, 2005
Approved by Board:July 26, 2013
Amended: October 9, 2013
Effective: November 8, 2013
RULE 15-1 BENEFIT RESTORATION PLAN AND TRUSTA.C.A. § 24-7-305
I.ESTABLISHMENT OF PLAN AND TRUSTA. Establishment Of Plan and Trust. The Arkansas Teacher Retirement System Benefit Restoration Plan and Trust ("this Plan") is established effective upon final adoption by the Board pursuant to authority granted by Ark. Code Ann. § 24-7-305.B. Purpose. i. The purpose of this Plan is solely to restore the part of a Participant's Retirement Benefit that would otherwise have been payable by the Arkansas Teacher Retirement System ("ATRS") except for the limitations of Code Section 415(b). This Plan is intended to be a "qualified governmental excess benefit arrangement" within the meaning of Code Section 415(m)(3) and must be interpreted and construed consistently with that intent. This Plan is deemed a portion of the Employers' qualified plan solely to the extent required under, and within the meaning of, Code Section 415(m)(3) and Ark. Code Ann. § 24-7-305.ii. This Plan is an "exempt governmental deferred compensation plan" described in Code Section 3121(v)(3). Code Sections 83, 402(b), 457(a) and 457(f)(1) do not apply to this Plan. ATRS will not hold any assets or income under this Plan in trust for the exclusive benefit of participants or their beneficiaries. II.DEFINITIONS AND CONSTRUCTIONSA. Definitions. Definitions are exclusive to this plan unless stated otherwise. When a word or phrase is capitalized herein, it has the same meaning as defined below: i.Actuary means the actuary selected by the Board from time to time.ii.Administrator means ATRS and includes any person with whom ATRS contracts to provide services to the Plan.iii.ATRS means the Arkansas Teacher Retirement System.iv.Beneficiary means an individual receiving joint and survivor benefits from ATRS.v.Benefit Restoration means the benefit determined in accordance with Section 4.01 of this Plan.vi.Board means the Board of Trustees of ATRS.vii.Code means the Internal Revenue Code as is defined under Ark. Code Ann. § 24-7-202.viii.Employer means any public school, other educational agency, or other eligible employer participating in ATRS as provided under Ark. Code Ann. § 24-7-202(13).ix.Participant means a Retiree or Beneficiary who is entitled to benefits under this Plan.x.Plan means the Arkansas Teacher Retirement System Benefit Restoration Plan and Trust established pursuant to Ark. Code Ann. § 24-7-305.xi.Plan Year means the twelve calendar month period ending on December 31 of each year.xii.Retiree means a member of ATRS who is receiving a Retirement Benefit from ATRS.xiii.Retirement Administrator means ATRS.xiv.Retirement Benefit means the amount of retirement income payable to a Retiree of ATRS, or the benefit payable to a Beneficiary, without regard to any limitations on that retirement income or benefit under Code Section 415(b).xv.Retirement Fund means the trust fund established pursuant to Act 266 of 1937, approved March 17, 1937.xvi.State means the State of Arkansas.xvii.Trust Fund means the trust fund established pursuant to Section 6.1, below, which fund constitutes a valid trust under the law of the State.xviii.Trustees mean the members of the Board.B. Construction. i. Words used in this Plan in the masculine gender include the feminine gender where appropriate, and words used in this Plan in the singular or plural include the plural or singular where appropriate.ii. Whenever any actuarial present value or actuarial equivalency is to be determined under the Plan to establish a benefit, it will be based on reasonable actuarial assumptions approved by the Board in its sole discretion, and will be determined in a uniform manner for all similarly situated Participants.III.PARTICIPATIONAll Retirees and Beneficiaries of ATRS are eligible to participate in this Plan if their Retirement Benefits from ATRS for a Plan Year are or have been since January 1, 2013, limited by Code Section 415(b). The Board determines for each Plan Year which Retirees and Beneficiaries are eligible to participate in the Plan. Participation in the Plan begins each Plan Year once a Retiree or Beneficiary has a Benefit Restoration in that Plan Year. Participation in the Plan ends for any portion of a Plan Year in which the Retirement Benefit of a Retiree or Beneficiary is not limited by Code Section 415(b) or when all benefit obligations under the Plan to the Retiree or Beneficiary have been satisfied.
IV.PAYMENT OF BENEFITSA. Benefit Amount. A Participant in the Plan will receive a benefit equal to the amount of retirement income that would have been payable to, or with respect to, a Participant by ATRS that could not be paid because of the application of the limitations on his retirement income under Code Section 415(b). A Benefit Restoration under the Plan will be paid only if and to the extent the Participant is receiving Retirement Benefits from the Retirement Fund.B. Time for Payment: Form of Benefit. The Benefit Restoration will be paid at the same time and in the same manner as the Retirement Benefit payable under ATRS, and the timing of the Benefit Restoration must take into account the existence of monthly deductions from the Retirement Benefit. No election is provided at any time to the Participant, directly or indirectly, to defer compensation under this Plan.C. Vesting. A Participant's right to a Restoration Benefit shall be vested as of the Participant's vesting under the Retirement Fund. Additionally, each member in the Retirement Fund receiving a Retirement Benefit under the Retirement Fund on the date of adoption of this Plan shall be vested. A Beneficiary's right to a Restoration Benefit shall be vested as of the date of the Participant's death. Notwithstanding the foregoing, if the Retirement Fund is terminated and Employers are making no further contributions to the Retirement Fund, no further Restoration Benefits shall be payable after the date that the Employers' contributions to the Retirement Fund cease unless the Employers establish another plan to serve the same purpose or to make other arrangements to pay benefit amounts that would have been payable had the Plan continued to receive Employers' Contributions to fully fund the plan.V.CONTRIBUTIONS AND FUNDINGA. Funding. The Plan is, and will remain, unfunded and the rights, if any, of any person to any benefits under the Plan are limited to those specified in the Plan. The Plan constitutes a mere unsecured promise by the Employers to make benefit payments in the future.B. Contributions. i. The Executive Director, using authority delegated by the Board will determine the amount necessary to pay the Benefit Restoration under the Plan for each Plan Year. The Retirement Administrator will provide an estimate of the Benefit Restoration on or before March 1 of each year, provided however, in 2013, the Plan Administrator will provide an estimate of the Benefit Restoration within ten (10) days of the effective date of this rule. The required contribution will be the aggregate of the Benefit Restorations payable to all Participants for the Plan Year and an amount determined by the Executive Director, through delegation, to be a necessary and reasonable expense of administering the Plan. The Employers will contribute the amount determined to be necessary to pay the Benefit Restoration of the Participants and administrative expenses of the Plan, and these payments will be made before the Employers' deposits are credited to the Retirement Fund. The Employers' required contribution will be due at the same time as contributions to the Retirement Fund. Under no circumstances will the Employers' contributions to fund the Benefit Restorations be credited to the Retirement Fund. Any contributions not used to pay the Benefit Restoration for a current Plan Year, together with any income accruing to the Trust Fund, will be used to pay the administrative expenses of the Plan for the Plan Year. Any contributions not used to pay the Benefit Restoration for the current Plan Year that remain after paying administrative expenses of the Plan for the Plan Year will be used to fund administrative expenses or benefits of Participants in future Plan Years.ii. ATRS will account separately for the amounts the Executive Director, using the authority delegated by the Board, determines to be necessary to provide the Benefit Restoration under the Plan for each Participant. But, this separate accounting will not be deemed to set aside these amounts for the benefit of a Participant. Benefits under this Plan will be paid from the Trust Fund.iii. The consultants, independent auditors, attorneys, and actuaries performing services for ATRS may also perform services for this Plan; but, any fees attributable to services performed with respect to this Plan will be payable solely from the Trust Fund.VI.TRUST FUNDA. Establishment of Trust Fund. A "Benefit Restoration Trust Fund" (the "Trust Fund") is established pursuant to Ark. Code Ann. § 24-7-305, separate from the Retirement Fund, to hold Employers' Contributions to this Trust Fund. Contributions to this Trust Fund will be held separate and apart from the funds comprising the Retirement Fund and will not be commingled with assets of the Retirement Fund, and must be accounted for separately.B. Trust Fund Purpose. The Trust Fund is maintained solely to provide benefits under a qualified governmental excess benefit arrangement within the meaning of Code Section 415(m) and pay administrative expenses of this arrangement.C. Trust Fund Assets. All assets held by the Trust Fund to assist in meeting the Employers' obligations under the Plan, including all amounts of Employers' contributions made under the Plan, all property and rights acquired or purchased with these amounts and all income attributable to these amounts, will be held separate and apart from other funds of the Employers and will be used exclusively for the uses and purposes of Participants and general creditors as set forth in this Plan. Participants have no preferred claim on, or any beneficial interest in, any assets of the Trust Fund. Any rights created under the Plan are unsecured contractual rights of Participants against the Employers. Any assets held by the Trust Fund are subject to the claims of the Employers' general creditors under federal and state law in the event of insolvency.D. Grantor Trust. The Trust Fund is intended to be a grantor trust, of which the Employers are the grantors, within the meaning of subpart E, part I, subchapter J, chapter 1, subtitle A of the Code, and will be construed accordingly. This provision will not be construed to create an irrevocable trust of any kind.E. Trust Fund Income. Income accruing to the Trust Fund under the Plan constitutes income derived from the exercise of an essential governmental function upon which the Trust is exempt from tax under Code Section 115, as well as Code Section 415(m)(l).VII.ADMINISTRATIONA. Administrative Authority. The Board has the exclusive authority to control and manage the operation and administration of the Plan. The Board has the same rights, duties and responsibilities respecting the Plan as it has with respect to the Retirement Fund. The Administrator has the same duties and authority respecting the Plan as the Administrator has with respect to the Retirement Fund. i. The Board has the power and authority (including discretion with respect to the exercise of that power and authority) necessary, advisable, desirable or convenient to enable it: a. to establish procedures to administer the Plan not inconsistent with the Plan and the Code, and to amend or rescind these procedures;b. to determine, consistent with the Plan, applicable law, rules or regulations, all questions of law or fact that may arise as to eligibility for participation in the Plan and eligibility for distribution of benefits from the Plan, and the status of any person claiming benefits under the Plan;c. to make payments from the Trust Fund to Participants pursuant to Article IV of the Plan;d. contract with a third party to perform designated administrative services under this Plan;e. to construe and interpret the Plan as to administrative issues and to correct any defect, supply any omission or reconcile any inconsistency in the Plan with respect to same, subject to and consistent with the Code.ii. Any action by the Board that is not found to be an abuse of discretion will be final, conclusive and binding on all individuals affected thereby. The Board may take any such action in such manner and to such extent as the Board in its sole discretion may deem expedient, and the Board will be the sole and final judge of such expediency.iii. The Board may delegate any of its authority to the Administrator with respect to the Trust Fund. The Board has delegated certain authority as set forth herein, to the Executive Director.B. Advice. The Board may obtain assistance and advice with regard to its responsibilities under the Plan.C. Payment of Benefits. If in doubt concerning the correctness of their action in making a payment of a benefit, the Board may suspend payment until satisfied as to the correctness of the payment or the person to receive the payment.D. Delegation by Administrator. The Administrator will handle the day-to-day operation of the Plan and may delegate certain functions to a third party as required.VIII.PLAN AMENDMENTSThe Board, from time to time, may amend, suspend, or terminate any or all of the provisions of this Plan as may be necessary to comply with Code Section 415(m) and to maintain the Plan's or the Retirement Fund's qualified status under the Code.
IX.NONASSIGNABILITY AND EXEMPTION FROM TAXATION AND EXECUTIONThe interests of Participants under this Plan are exempt from any state, county, municipal or local tax, and are not subject to execution, garnishment, attachment, or any other process of law whatsoever, and are unassignable and nontransferable.
X.MISCELLANEOUSA. Federal and State Taxes. The Board, the Employers, and the Administrator, if any, do not guarantee that any particular Federal or State income, payroll, or other tax consequence will occur because of participation in this Plan.B. Investment. The Board may hold the assets of the Plan uninvested as it deems advisable for making distributions under the Plan.C. Conflicts. In resolving any conflict between provisions of the Plan, and in resolving any other uncertainty as to the meaning or intention of any provision of the Plan, the prevailing interpretation will be the one that (i) causes the Plan to constitute a qualified governmental excess benefit arrangement under the provisions of Code Section 415(m) and the Trust Fund to be exempt from tax under Code Sections 115 and 415(m), (ii) causes the Plan and ATRS to comply with all applicable requirements of the Code, and (iii) causes the Plan and ATRS to comply with all applicable State laws.D. Limitation on Rights. Neither the establishment or maintenance of the Plan, nor any amendment to the Plan, nor any act or omission under the Plan (or resulting from the operation of the Plan) may be construed: i. as conferring upon any Participant or any other person a right or claim against the Board, Trustees, Employers, or Administrator, if any, except to the extent that the right or claim is specifically expressed and provided in the Plan;ii. as creating any responsibility or liability of the Employers for the validity or effect of the Plan;iii. as a contract between the Employers and any Participant or other person;iv. as being consideration for, or an inducement or condition of, employment of any Participant or other person, or as affecting or restricting in any manner or to any extent whatsoever the rights or obligations of the Employers or any Participant or other person to continue or terminate the employment relationship at any time; orv. as giving any Participant the right to be retained in any Employer's service or to interfere with any Employer's right to discharge any Participant or other person at any time.E. Erroneous Payments. Any benefit payment that should not have been made, according to the terms of the Plan and the benefits provided hereunder, may be recovered as provided by law.F. Release. Any payment to any Participant will, to the extent thereof, be in full satisfaction of the Participant's claim being paid thereby, and the Board may condition the payment on the delivery by the Participant of the duly executed receipt and release in a form determined by the Board.G. Liability. i. The Board, Trustees, or Administrator, if any, will not incur any liability in acting upon any paper or document or electronic transmission believed by the Board, Trustees, or Administrator to be genuine or to be executed or sent by an authorized person.ii. The Plan will hold harmless and indemnify the Board, the Trustees, and the Administrator, and the officers and employees thereof, from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act by that board member, trustee, officer or employee, provided that the board member, trustee, officer or employee at the time of the alleged negligence or act was acting in the discharge of his duties and within the scope of his employment and that the damages did not result from a willful and wrongful act of gross negligence of the board member, trustee, officer or employee, and provided further that the board member, trustee, officer or employee will, within five days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the Administrator's legal advisor.iii. The Board may obtain insurance to provide coverage for any liabilities that may arise as described by this Section.iv. This Plan does not directly or indirectly waive any sovereign immunity protection of the Board, the Trustees, the Administrator, and the officers and employees thereof.H. Governing Laws. The laws of Arkansas apply in determining the construction and validity of this Plan.I. Necessary Parties to Disputes. The only party necessary to any accounting, litigation or other proceedings relating to the Plan is the Administrator. The settlement or judgment in any case in which the Administrator is duly served will be binding upon all affected Participants in the Plan, their beneficiaries, estates and upon all persons claiming by, through or under them.J. Severability. If any provision of the Plan is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Plan will continue to be fully effective. Approved by Board: July 26, 2013
Adopted: October 9, 2013
Effective: November 8, 2013
RULE 16-1CASH AND SAVINGS HELP PROGRAM FOR MEMBERSA.C.A. § 24-7-505 & A. C. A. § 24-7-707(a)(1)
I. This plan is called the "Cash and Savings Help Program (CASH Program).II. AUTHORITYThis rule is promulgated under the authority granted in Act 606 of 2013.
III . PURPOSE and SCOPEA. The purpose of this Rule is to allow members an opportunity to receive a one-time lump sum cash payment in exchange for terminating their membership in ATRS. The benefit offering under this Rule shall be known as the "CASH Program". The one time lump sum cash payment shall be known as "CASH Program payment". The tender of the CASH Program payment by ATRS extinguishes any service credit or future retirement benefit from ATRS to the member that would have been based upon the member's service, and for all purposes "buys out" the membership, the retirement benefit rights, and all future rights in the system of the member.B. The opportunity for a CASH Program payment is available only under this Rule and only for a specific and temporary period of time to a specific category of members. The CASH Program payment is calculated under a formula that is unique to that category of members and is applicable for the offering period exclusively.C. ATRS is under no obligation to extend the offer or to make a future, similar offer. Terms, rules and rights for any CASH Program under a specific offering period do not apply to a subsequent CASH Program offering.D. This CASH Program is only applicable to ATRS members for their ATRS service. Reciprocal service shall not be eligible for the CASH Program nor shall the member combine reciprocal service with ATRS service in order to qualify for the CASH Program.E. The ATRS Board may target a CASH Program offering to a certain category of members within ATRS.F. A Cash Program payment may be made to a member by a check mailed to the member's address. A CASH Program payment may also be directly rolled over into a qualifying retirement plan under § 24-7-719, at the direction of the member. ATRS shall only roll over the CASH Program payment into one qualifying plan.G.i.The Board shall set the dates for any offering period. To qualify for the CASH Program payment in a specific offering period, the member shall deliver the CASH Program Election Form to ATRS before the end of the offering period.
ii. A CASH Program Election Form that is postmarked after the offering period deadline is invalid. If sent by facsimile, the date stamp shall be before the offering period deadline. If sent as an attachment to an e-mail, the email shall be sent before the offering period deadline.iii. The Board may re-offer a previously expired buyout plan or may extend the duration of a current offering through a resolution adopted by the Board at a meeting of the Board.H. While ATRS may make reasonable efforts to contact members eligible for the CASH Program, ATRS is under no duty to contact members, to verify the accuracy of the addresses, or to confirm receipt of the offer by the member, to confirm receipt of the election form by members, or to confirm receipt by ATRS of the CASH Program Election Form from members. IV.THE CASH PROGRAM ELECTION FORMA. To participate in the CASH Program, a member shall submit a CASH Program Election Form to ATRS during the offering period. The CASH Program Election Form shall be completed in its entirety by the member in order to be accepted as a valid CASH Program Election Form.B. The CASH Program Election Form shall include the following: i. A statement, signed by the member, that the member understands the purpose and scope of the CASH Program, and once ATRS tenders payment of CASH Program payment, the CASH Program Election Form may not be withdrawn.ii. A member who participates in the CASH Program plan shall receive a one-time lump sum payment from ATRS that cancels the member's interest in any retirement benefit and all future rights in ATRS effective upon tender of payment by ATRS.iii. The signature of the member ; andC. The CASH Program Election Form shall be made available to members using standard ATRS procedures.D. ATRS is not required to accept any CASH Program Election Form that is not received during the offering period in the manner prescribed in this Rule.E. ATRS is not responsible for the member's receipt of a CASH Program Election Form, regardless of the manner in which it is requested.F. The member is exclusively responsible for obtaining and submitting the CASH Program Election Form as required under this Rule.G. ATRS shall determine if the member is qualified to receive a CASH Program payment. Only qualifying members may receive the CASH Program payment and any erroneous delivery of a CASH Program Election Form by ATRS to a member does not establish a right to payment. THE 2013 CASH PROGRAM FOR INACTIVE, VESTED, EXCLUSIVELY NONCONTRIBUTORY MEMBERS
V.APPLICABLE TO VESTED, NONCONTRIBUTORY MEMBERS ONLYA. This offering is limited to vested, exclusively non-contributory members that are inactive. The CASH Program payment, once the CASH Program Election Form is properly submitted to ATRS, will be paid within a reasonable time or rolled out to another administrator at the direction of the member. The acceptance of a CASH Program payment by the member does not make the member a retiree.B. This offering is limited to members of ARTS who:i. Have vested, exclusively noncontributory service credited in ATRS; andii. Are currently inactive and have remained inactive for at least one (1) year after the last fiscal year that the member rendered actual service to a covered employer, but not retired, during the offering period set forth in the Rule, and whose membership in ATRS is exclusively noncontributory.VI.THE OFFERING PERIODThe offering period for this CASH Program opportunity begins upon the effective date of these Rules and ends June 30, 2014, unless extended by the Board through a properly adopted resolution.
VII.THE CASH PROGRAM FORMULAA. Final Average Salary is defined under A.C.A. § 24-7-202(15) and calculated using the formula set in A.C.A. § 24-7-736.B. The member's age shall be determined on the date the CASH Program Election Form is received by ATRS.C. The CASH Program Payment is calculated on the following formula: Step 1: (Final Average Salary) x (Years and partial years of Non-contributory Service) x (ATRS Non-contributory multiplier of .0139%) +($900.00 if the member has more than 10 years of Service) = Assumed Annual Benefit
Step 2: Assumed Annual Benefit ÷ 12 = Assumed Monthly Benefit Amount.
Step 3: Assumed Monthly Benefit Amount x Applicable Accrued Liability Factor for the Member as listed in the Accrued Liability Factor Table = Assumed Current Value.
Step 4: Assumed Current Value x 30% (.30) = CASH Program payment.
VIII.ACCRUED LIABILITY FACTOR TABLESample Attained Ages | Accrued Liability Factor | Sample Attained Ages | Accrued Liability Factor |
20 | 6.97 | 60 | 156.92 |
21 | 7.53 | 61 | 154.09 |
22 | 8.13 | 62 | 151.18 |
23 | 8.79 | 63 | 148.18 |
24 | 9.49 | 64 | 145.12 |
25 | 10.25 | 65 | 141.98 |
26 | 11.07 | 66 | 138.76 |
27 | 11.96 | 67 | 135.50 |
28 | 12.92 | 68 | 132.15 |
29 | 13.96 | 69 | 128.70 |
30 | 15.08 | 70 | 125.17 |
31 | 16.29 | 71 | 121.55 |
32 | 17.60 | 72 | 117.85 |
33 | 19.01 | 73 | 114.07 |
34 | 20.54 | 74 | 110.20 |
35 | 22.19 | 75 | 106.28 |
36 | 23.98 | 76 | 102.30 |
37 | 25.91 | 77 | 98.25 |
38 | 28.00 | 78 | 94.21 |
39 | 30.26 | 79 | 90.17 |
40 | 32.70 | 80 | 86.13 |
41 | 35.33 | 81 | 82.11 |
42 | 38.19 | 82 | 78.14 |
43 | 41.27 | 83 | 74.24 |
44 | 44.61 | 84 | 70.37 |
45 | 48.21 | 85 | 66.60 |
46 | 52.11 | 86 | 62.92 |
47 | 56.33 | 87 | 59.38 |
48 | 60.90 | 88 | 56.07 |
49 | 65.83 | 89 | 52.97 |
50 | 71.18 | 90 | 50.09 |
51 | 76.95 |
52 | 83.21 |
53 | 89.99 |
54 | 97.35 |
55 | 105.31 |
56 | 113.97 |
57 | 123.39 |
58 | 133.63 |
59 | 144.78 |
Approved by Board: July 26, 2013
Adopted: October 9, 2013
Effective: November 8, 2013
RULE 17-1MANIFEST INJUSTICE
I.BACKGROUND AND PURPOSE.The 89th General Assembly provided the ATRS Board the extraordinary remedy of waiving any rule, provision, or law that does not violate a federal law or rule in order to prevent a manifest injustice to a member, benefit participant, ATRS employer, or ATRS. Act 303 of 2013 grants that authority to the Board, and is codified at A.C.A. § 24-7-205 as follows:
(e)" The board or its designee may waive or modify the impact of a rule, provision, or law that does not violate federal law or jeopardize the tax-qualified status of the system to correct or prevent a manifest injustice (emphasis added) that would affect the system, benefit participant, or employer in a particular instance."The definition of manifest injustice can be found at Ark. Code. Ann 24-7-202(40)(A) as follows:
(40)" (A)"Manifest injustice" means an obvious unfairness that has a direct and observable unconscionable effect that will occur as a result of a technical error or error of judgment, when the error made by the system, a benefit participant, or employer, and the disparity of outcome to the parties, when taken together and supported by clear and convincing evidence, show a great harm to the integrity of the system as a whole, the benefit participant, or an employer, unless the system is afforded the discretion to resolve the matter in a fair manner.(B) In determining manifest injustice the system may consider:(i) The degree of fault of the system, benefit participant, or employer.(ii) An ambiguity in the interpretation of the circumstances, rule, or law;(iii) The cost to the system of correcting the error that is far outweighed by the benefit afforded to the system, benefit participant, or employer;(iv) Whether or not an expedited decision is in the public interest;(v) The fundamental fairness of a remedy in a particular situation; and(vi) Whether or not the status quo would result in an unconscionable outcome."II.GENERALThe process of declaring a manifest injustice is a rare and extraordinary remedy that shall not be used as a routine method of addressing error, oversight, or simple mistake. As an extraordinary remedy, manifest injustice shall be cautiously and carefully used to prevent unfairness, to preserve the integrity of ATRS, and to avoid or correct unduly harsh or unconscionable outcomes.
III.DELEGATION TO ATRS EXECUTIVE DIRECTOR.A. The ATRS Executive Director is hereby given authority to implement a resolution of a manifest injustice once a determination is made that a manifest injustice exists using the review process set forth herein. The Executive Director may implement a resolution of a manifest injustice of up to $10,000 of direct financial impact to ATRS. The Executive Director is specifically prohibited from waiving any deadlines that may apply in the ATRS Rules or law. Any waiver of a deadline is exclusively a Board remedy and not a remedy available to the ATRS Executive Director. Provided however, if any resolution that has a direct financial impact of more than $5,000, then ATRS Executive Director shall provide the Chair of the ATRS Board of Trustees written notice about the manifest injustice determination and proposed resolution prior to implementing the resolution.B. The Executive Director is specifically prohibited from waiving any deadline that may apply in the ATRS Rules or law. A waiver of a deadline is exclusively a Board remedy and not a remedy available to the Executive Director.C. The Executive Director shall provide a report to the Board at least biannually that outlines the facts and circumstances of each manifest injustice referral, sets forth the findings and recommendations of the Manifest Injustice Committee, and sets forth and explains the resolution of the manifest injustice, if a manifest injustice is found. Members' names or other information that is not material to the findings shall not be required in the report to the Board.IV.MANIFEST INJUSTICE COMMITTEE.A. The ATRS General Counsel, Assistant Director of Fiscal Affairs, and Member Services Administrator shall act as a 3-person Manifest Injustice Committee (the "Committee") to review all manifest injustice referrals. i. The Committee will meet on a reasonable schedule or as needed to review any referral.ii. A majority vote of the Committee shall constitute a recommendation on the referral.iii. The Committee shall make an initial recommendation to the Executive Director based upon its review of the referral regarding whether or not a manifest injustice exists. If a manifest injustice exists, then the Committee shall propose a resolution of the manifest injustice to the Executive Director.B. If the Committee determines that no manifest injustice exists in a referral, then the Executive Director shall review the referral and the Committee's basis for the recommendation. The Executive Director may either accept the recommendation or return the referral to the Committee for further consideration.i. If the Executive Director accepts the recommendation from the Committee, the discretionary review is officially ended and the matter is to be considered officially closed.ii. If the referral is returned to the Committee, the Committee shall consider the matter again in light of any additional information provided by the Executive Director. If the Committee's recommendation remains that no manifest injustice exists, the matter shall be considered officially closed, unless referred to the Board.C. If the Committee determines that a manifest injustice does exist, then the Executive Director may implement the resolution suggested by the Committee or adopt an alternate resolution that falls within the Executive Director's delegated authority.D. If the Executive Director disagrees with the Committee's determination that a manifest injustice exists, then the Executive Director may return the referral for further consideration. If the Committee maintains the determination that a manifest injustice exists after the return of the referral, and the Executive Director continues to disagree, then the Executive Director may place the item on the Board agenda for the Board to consider and resolve, with input from both the Committee and Executive Director concerning the referral.E. If a member of the Committee has a conflict or otherwise cannot act on a manifest injustice referral due to absence, sickness, or work load, a Committee member may appoint a representative from their Staff for a committee meeting.F. A party may not administratively appeal a determination of a referral of manifest injustice, regardless of whether the determination occurs from the Executive Director's decision or through the Board's decision.V. The Executive Director may suspend an Executive Director Review if a manifest injustice determination might resolve the issue within the Executive Director review. The Executive Director review shall not be suspended absent the consent of the affected party/parties in the Executive Director review.VI.REFERRALS.A. A referral of a potential or alleged manifest injustice may be made to the Executive Director by any: ii. ATRS Staff member, including the Executive Director;iii. Benefit Participant;v. ATRS-covered Employer; or vi. Other interested party such as guardian or fiduciary.B. A referral shall be made to the Executive Director in order to create and preserve an appropriate record with ATRS.i. Each referral shall be given a number and a year designation. For example: "2013-MI-1, 2013-MI-2, 2013-MI-3" and so forth.ii. The Executive Director shall submit all referrals to the Committee.VII. The Committee or the Executive Director may request that a party to a manifest injustice referral provide information or input concerning the referral. A party is not required to provide information.VIII. A Board decision on a manifest injustice referral is a final discretionary decision and is not subject to further review. Approved by Board: July 26, 2013
Adopted: October 9, 2013
Effective: November 8, 2013
1 From July 1, 1991, until December 31, 1991, an active member of the Public Employees Retirement System who was an active member of the Teacher Retirement System prior to January 1, 1978, and who became a member of the Public Employees Retirement System within thirty (30) days of departure from the Teacher Retirement System may establish reciprocity between the two systems and purchase out-of-state service rendered prior to January 1, 1978, in accordance with the provisions and conditions contained in A.C.A § 24-7-601 and § 24-7-603. Effective July 1, 1993, for a ninety (90) day period, employees of the Arkansas Rehabilitation Services may transfer from the Public Employees Retirement System to the Teacher Retirement System under Act 574 of 1993. Any employee making the change will establish reciprocity between the two systems, and Act 793 of 1977 shall no longer apply.