§ 24-7-202 - Definitions.
24-7-202. Definitions.
As used in this act:
(1) "Accumulated contributions" means the total of all amounts contributed by a member credited to the member's deposit account, together with regular interest;
(2) "Active member" means any member rendering service to an employer that is covered by the Arkansas Teacher Retirement System;
(3) "Actual service" means service rendered in a position covered by the Arkansas Teacher Retirement System and does not include purchased or free credited service or reciprocal service;
(4) "Actuarial equivalent" means a benefit of equal reserve value;
(5) "Annuity" means an amount payable to a retirant each fiscal year by the Arkansas Teacher Retirement System in equal monthly installments;
(6) "Beneficiary" means any person who is receiving or is designated by a member to receive an Arkansas Teacher Retirement System benefit;
(7) "Benefit program" means a schedule of benefits or benefit formulas from which the amounts of Arkansas Teacher Retirement System benefits can be determined;
(8) "Board" means the Board of Trustees of the Arkansas Teacher Retirement System;
(9) "Child of a member" means either a natural child of the member or a child who has been made a child of the member by applicable court action before the death of the member;
(10) "Credited service" means service which is creditable as service by the Arkansas Teacher Retirement System;
(11) "Deferred member" means an inactive member who is eligible to receive benefits under 24-7-707;
(12) "Employee" means any person employed by an employer covered by the Arkansas Teacher Retirement System;
(13) "Employer" means any public school, public educational agency, or other eligible employer participating in the Arkansas Teacher Retirement System;
(14) "Employment with a school" means, beginning July 1, 1993:
(A) Employment with any of the following institutions or agencies:
(i) Arkansas School for the Blind;
(ii) Arkansas School for the Deaf;
(iii) Arkansas Activities Association;
(iv) State Board of Education;
(v) Regional education service cooperatives; and
(vi) Arkansas Teacher Retirement System;
(B) Employment in a position with any of the following organizations:
(i) The Arkansas Educational Television Commission; and
(ii) Area vocational-technical schools, except those employees of area vocational schools and the Department of Career Education who have elected to participate in an alternate retirement plan established by 24-7-901 and 24-7-903 -- 24-7-908;
(C) Employment by the Arkansas Rehabilitation Services of the Department of Career Education except those employees who have elected to participate in the Arkansas Public Employees' Retirement System;
(D) (i) Employment in a position with an educationally related agency if the employee is or has been a member of the Arkansas Teacher Retirement System for a minimum of five (5) years and elects to become or remain a member of the Arkansas Teacher Retirement System. The employment shall be related to:
(a) Training public school employees or school board members;
(b) Teaching public school students; or
(c) Adult education programs.
(ii) The employment shall not be related in any manner to private schools.
(iii) Each educationally related agency shall be:
(a) Approved according to rules and regulations established by the board;
(b) Considered an employer under subdivision (13) of this section; and
(c) Responsible for all required employer contributions;
(E) (i) Employment in an enterprise privatized by a public school district.
(ii) If a public school district should privatize any of its services, any individual who is or was employed by the school district in one (1) of those services and who is or has been a member of the Arkansas Teacher Retirement System may elect to remain a member if:
(a) The board determines pursuant to rules adopted by the board that the participation of these employees in the Arkansas Teacher Retirement System will not in any way impair any legal status of the Arkansas Teacher Retirement System, including without limitation its status as a governmental plan pursuant to the Internal Revenue Code and the Employee Retirement Income Security Act of 1974, or have a substantial adverse impact on the actuarial soundness of the Arkansas Teacher Retirement System; and
(b) The private provider assumes all responsibility for the required employer contributions and any fees for obtaining Internal Revenue rulings or Employee Retirement Income Security Act of 1974 opinions; and
(F) (i) Employment in positions with an educational nonprofit corporation licensed and regulated by the Division of Developmental Disabilities Services of the Department of Human Services, if:
(a) The nonprofit corporation has elected to participate in the Arkansas Teacher Retirement System; and
(b) The board determines pursuant to rules adopted by the board that the participation of the educational nonprofit corporation will not in any way impair any legal status of the Arkansas Teacher Retirement System, including without limitation its status as a governmental plan pursuant to the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974, or have a substantial adverse impact on the actuarial soundness of the Arkansas Teacher Retirement System.
(ii) The employment shall be related to:
(a) Training public school employees or school board members;
(b) Teaching public school students; or
(c) Adult education programs.
(iii) The employment shall not be related in any manner to private schools.
(iv) Each educational nonprofit corporation shall be:
(a) Approved according to rules and regulations established by the board;
(b) Considered an employer under subdivision (13) of this section; and
(c) Responsible for all required employer contributions and any fees for obtaining Internal Revenue rulings or Employee Retirement Income Security Act of 1974 opinions;
(15) (A) (i) "Final average salary" means the average of the remuneration paid to a member by a participating employer during the fiscal year ending June 30 of not less than three (3) years nor more than five (5) years of credited service producing the highest annual average determined in accordance with the rules and regulations of the board as is actuarially appropriate for the Arkansas Teacher Retirement System.
(ii) Before reducing the time period used to determine final average salary, the board shall file relevant information concerning the actuarial appropriateness of the action with the Joint Interim Committee on Public Retirement and Social Security Programs, and the action shall be reviewed by the Joint Interim Committee on Public Retirement and Social Security Programs.
(B) If a member has less than the minimum of three (3) years of credited service, "final average salary" means the annual average of salaries paid to him or her during his or her total years of credited service, subject to the provisions of subdivision (27)(A) of this section;
(16) "Inactive member" means a formerly active member who is:
(A) No longer rendering service that is covered by the Arkansas Teacher Retirement System; and
(B) Not a retirant;
(17) "Interest" means the rate or rates per annum, compounded annually, as the board shall adopt from time to time, that will be charged for the purchase of service credit or to repay a refund, or repayment of benefits, but the rate shall equal no less than the Arkansas Teacher Retirement System's current assumed interest rate assumption;
(18) "Internal Revenue Code" means the federal Internal Revenue Code of 1986, as amended, as it existed on January 1, 2009;
(19) "Member" means any person included in the membership of the Arkansas Teacher Retirement System;
(20) "Nonteacher" means any member except a teacher;
(21) "Normal retirement age" means sixty-five (65) years of age;
(22) "Reciprocal service" means credited service rendered under a reciprocal system as defined by 24-2-401;
(23) "Regular interest" means the rate or rates per annum, compounded annually, which the board shall adopt from time to time, that will be used to compute interest on members' contributions;
(24) "Reserve" means the present value of all payments to be made on account of any Arkansas Teacher Retirement System benefit based upon such reasonable tables of experience and regular interest as the board shall adopt from time to time;
(25) "Retirant" means a member receiving an Arkansas Teacher Retirement System annuity;
(26) "Retires" means that a member ceases to be active and is eligible to receive retirement benefits from the Arkansas Teacher Retirement System;
(27) (A) (i) (a) "Salary" means the remuneration paid to a member employed in a position covered by the Arkansas Teacher Retirement System on which the employer withholds federal income tax.
(b) "Salary" includes an incentive bonus paid to an employee for the employee's certification by the National Board of Professional Teaching Standards under 6-17-413.
(ii) (a) However, compensation in excess of the limitations set forth in section 401(a)(17) of the Internal Revenue Code of 1986 shall be disregarded.
(b) The limitation on compensation for eligible employees shall not be less than the amount that was allowed to be taken into account under the Arkansas Teacher Retirement System as in effect on July 1, 1993. For this purpose, an eligible employee is an individual who was a member of the Arkansas Teacher Retirement System before the first plan year beginning after December 31, 1995.
(c) However, compensation in excess of the limitations set forth in section 401(a)(17) of the Internal Revenue Code of 1986 shall be disregarded.
(iii) (a) (1) The applicable number of years used in computing final average salary for retirement benefits shall be set by the board.
(2) Only full service years shall be used in the calculation.
(3) The applicable number of highest salary years shall be ranked from lowest to highest remuneration.
(4) The lowest remuneration year in the ranking shall be the base year.
(5) The next highest ranked remuneration year shall be compared to the base year.
(6) The next highest year's value in the calculation of final average salary shall not exceed one hundred twenty percent (120%) of the base year, unless the difference in value between the next highest year and the base year is five thousand dollars ($5,000) or less.
(7) After comparison of the base year to the next highest year, any required reduction to the next highest year shall be made.
(8) The next highest year, with any required reduction, becomes the new base year to compare to the next succeeding highest remuneration year in the ranking until all years in the ranking have been compared to its base and reduced as necessary according to the formula.
(9) The total value of the base years shall then be averaged to determine final average salary.
(b) If full service years of service are not available for the number of applicable years of service required by board rule for the calculation of a member's final average salary for retirement benefits, the board may promulgate rules to establish a fair base year for a member's final average salary for purposes of comparison under subdivision (27)(A)(iii)(a) of this section.
(iv) If a member's salary includes remuneration paid other than in cash, the cash value of the remuneration is considered in the amount the employer is required to report for federal income tax purposes.
(B) (i) In determining salary, employer pick-up contributions, cafeteria plans as defined in 21-5-901, and employee contributions to qualified retirement plans, including without limitation qualified annuities and deferred compensation plans, shall be included.
(ii) However, a member may establish salary earned under a purchase service contract with a covered employer by paying employee and employer contributions plus interest.
(iii) Employment contracts purchased by a covered employee or won through litigation that results in either a consent agreement, judgment, or decree may be counted as salary upon payment of all required member and employer contributions, including interest, to the system.
(iv) A member who receives remuneration under a regular contract and a purchased contract or under both a regular contact and a contract won through litigation shall have the greater of two (2) amounts considered as salary for the purposes of determining the final average salary of the member.
(v) A retirement annuity may be based on service credit covered by the purchased contract.
(vi) A contributory employee's contributions and an employer's contributions are required on covered salary including contributions that are paid concurrently with other remuneration for another covered employer or used in calculating member benefits.
(C) A member who is receiving remuneration under both a regular contract and a purchased contract or under both a regular contract and a contract won through litigation, consent agreement, judgment, or decree shall have only the greater of the two (2) amounts considered as salary for Arkansas Teacher Retirement System purposes.
(D) A member's contributions if contributory and an employer's contributions are required on covered salary, including salary that is paid concurrently with other remuneration from another covered employer, even if the salary is not used in calculating member benefits.
(E) Retirement annuities may be based on service credit covered by the purchased contract.
(F) In case of any dispute concerning an employee's salary for Arkansas Teacher Retirement System purposes, the Arkansas Teacher Retirement System may settle the dispute;
(28) "School" means any public school under the control of school authorities of the state and supported wholly or partially by state moneys;
(29) "Service" means employment rendered as an employee;
(30) "Social security" means the federal social security old age, survivors', and disability insurance program;
(31) "State" means the State of Arkansas;
(32) "System" means the Arkansas Teacher Retirement System;
(33) (A) "Teacher" means, beginning July 1, 1989, any person employed by a school for the purpose of giving instructions and whose employment requires state licensure.
(B) In any case of a question as to who is a teacher, the board shall have the final power to decide the question;
(34) "T-DROP" means the Teacher Deferred Retirement Option Plan established by the Arkansas Teacher Retirement System;
(35) "T-DROP plan interest" means the rate per annum that the board shall adopt from time to time that will be used to compute interest paid on T-DROP mean balances at the end of each fiscal year; and
(36) "Trustee" means a member of the board.