38-711

38-711. Definitions

In this article, unless the context otherwise requires:

1. "Active member" means a member as defined in paragraph 23, subdivision (b) of
this section who satisfies the eligibility criteria prescribed in section 38-727 and who
is currently making member contributions as prescribed in section 38-736.

2. "Actuarial equivalent" means equality in value of the aggregate amounts expected
to be received under two different forms of payment, based on mortality and interest rate
assumptions approved from time to time by the board.

3. "ASRS" means the Arizona state retirement system established by this article.

4. "Assets" means the resources of ASRS including all cash, investments or
securities.

5. "Average monthly compensation" means:

(a) For a member whose membership in ASRS commenced before January 1, 1984 and who
left the member's contributions on deposit or reinstated forfeited credited service
pursuant to section 38-742 for a period of employment that commenced before January 1,
1984, the higher of either:

(i) The monthly average of compensation that is calculated pursuant to subdivision
(b) of this paragraph.

(ii) The monthly average of compensation on which contributions were remitted
during a period of sixty consecutive months during which the member receives the highest
compensation within the last one hundred twenty months of credited service. Any month for
which no contributions are reported to ASRS or that falls within a period of nonpaid or
partially paid leave of absence or sabbatical leave shall be excluded from the
computation. The sixty consecutive months may entirely precede, may be both before and
after or may be completely after any excluded months. If the member was employed for less
than sixty consecutive months, the average monthly compensation is based on the total
consecutive months worked. Payments for accumulated vacation or annual leave, sick leave,
compensatory time or other forms of termination pay which, before August 12, 2005,
constitute compensation for members whose membership in ASRS commenced before January 1,
1984, do not cease to be included as compensation if paid in the form of nonelective
employer contributions under a 26 United States Code section 403(b) plan if all payments
of employer and employee contributions are made at the time of termination.
Contributions shall be made to ASRS on these amounts pursuant to sections 38-735, 38-736
and 38-737.

(b) For a member whose membership in ASRS commenced on or after January 1, 1984 but
before July 1, 2011, the monthly average of compensation on which contributions were
remitted during a period of thirty-six consecutive months during which a member receives
the highest compensation within the last one hundred twenty months of credited service.
Any month for which no contributions are reported to ASRS or that falls within a period
of nonpaid or partially paid leave of absence or sabbatical leave shall be excluded from
the computation. The thirty-six consecutive months may entirely precede, may be both
before and after or may be completely after any excluded months. If the member was
employed for less than thirty-six consecutive months, the average monthly compensation
shall be based on the total consecutive months worked.

(c) For a member whose membership in ASRS commenced on or after July 1, 2011, the
monthly average of compensation on which contributions were remitted during a period of
sixty consecutive months during which a member receives the highest compensation within
the last one hundred twenty months of credited service. Any month for which no
contributions are reported to ASRS or that falls within a period of nonpaid or partially
paid leave of absence or sabbatical leave shall be excluded from the computation. The
sixty consecutive months may entirely precede, may be both before and after or may be
completely after any excluded months. If the member was employed for less than sixty
consecutive months, the average monthly compensation shall be based on the total
consecutive months worked.

6. "Board" means the ASRS board established in section 38-713.

7. "Compensation" means the gross amount paid to a member by an employer as salary
or wages, including amounts that are subject to deferred compensation or tax shelter
agreements, for services rendered to or for an employer, or that would have been paid to
the member except for the member's election or a legal requirement that all or part of
the gross amount be used for other purposes, but does not include amounts paid in excess
of compensation limits established in section 38-746. Compensation includes amounts paid
as salary or wages to a member by a second employer if the member meets the requirements
prescribed in paragraph 23, subdivision (b) of this section with that second
employer. Compensation, as provided in paragraph 5, subdivision (b) or (c) of this
section, does not include:

(a) Lump sum payments, on termination of employment, for accumulated vacation or
annual leave, sick leave, compensatory time or any other form of termination pay whether
the payments are made in one payment or by installments over a period of time.

(b) Damages, costs, attorney fees, interest or other penalties paid pursuant to a
court order or a compromise settlement or agreement to satisfy a grievance or claim even
though the amount of the payment is based in whole or in part on previous salary or wage
levels, except that, if the court order or compromise settlement or agreement directs
salary or wages to be paid for a specific period of time, the payment is compensation for
that specific period of time. If the amount directed to be paid is less than the actual
salary or wages that would have been paid for the period if service had been performed,
the contributions for the period shall be based on the amount of compensation that would
have been paid if the service had been performed.

(d) Merit awards pursuant to section 38-613 and performance bonuses paid to
assistant attorneys general pursuant to section 41-192.

(e) Amounts that are paid as salary or wages to a member for which employer
contributions have not been paid.

8. "Contingent annuitant" means the person named by a member to receive retirement
income payable following a member's death after retirement as provided in section 38-760.

9. "Credited service" means, subject to section 38-739, the number of years
standing to the member's credit on the books of ASRS during which the member made the
required contributions.

10. "Current annual compensation" means the greater of:

(a) Annualized compensation of the typical pay period amount immediately before the
date of a request to ASRS to purchase credited service pursuant to section 38-743, 38-744
or 38-745. The typical pay period amount shall be determined by taking the five pay
periods immediately before the date of a request, disregarding the highest and lowest
compensation amount pay periods and averaging the three remaining pay periods.

(b) Annualized compensation of the partial year, disregarding the first
compensation amount pay period, if the member has less than twelve months total credited
service on the date of a request to purchase credited service pursuant to section 38-743,
38-744 or 38-745.

(c) The sum of the twelve months of compensation immediately before the date of a
request to ASRS to purchase credited service pursuant to section 38-743, 38-744 or
38-745.

(d) The sum of the thirty-six months of compensation immediately before the date of
a request to ASRS to purchase credited service pursuant to section 38-743, 38-744 or
38-745 divided by three.

(e) If the member has retired one or more times from ASRS, the average monthly
compensation that was used for calculating the member's last pension benefit times
twelve.

11. "Early retirement" means retirement before a member's normal retirement date
after five years of total credited service and attainment of age fifty.

12. "Effective date" means July 1, 1970, except with respect to employers and
members whose contributions to ASRS commence thereafter, the effective date of their
membership in ASRS is as specified in the applicable joinder agreement.

13. "Employer" means:

(a) This state.

(b) Participating political subdivisions.

14. "Employer contributions" means all amounts paid into ASRS by an employer on
behalf of a member.

15. "Fiscal year" means the period from July 1 of any year to June 30 of the
following year.

16. "Inactive member" means a member who previously made contributions to ASRS and
who satisfies each of the following:

(a) Has not retired.

(b) Is not eligible for active membership in ASRS.

(d) Has not withdrawn contributions from ASRS.

17. "Interest" means the assumed actuarial investment earnings rate approved by the
board.

18. "Internal revenue code" means the United States internal revenue code of 1986,
as amended.

19. "Investment management" means the persons, companies, banks, insurance company
investment funds, mutual fund companies, management or any combinations of those entities
that are appointed by ASRS and that have responsibility and authority for investment of
the monies of ASRS.

20. "Late retirement" means retirement after normal retirement.

21. "Leave of absence" means any unpaid leave authorized by the employer, including
leaves authorized for sickness or disability or to pursue education or training.

22. "Life annuity" means equal monthly installments payable during the member's
lifetime after retirement.

23. "Member":

(a) Means any employee of an employer on the effective date.

(b) Means all employees of an employer who are eligible for membership pursuant to
section 38-727 and who are engaged to work at least twenty weeks in each fiscal year and
at least twenty hours each week.

(d) Means any person who is a former active member of ASRS and who has not
withdrawn contributions from ASRS pursuant to section 38-740.

(e) Does not include any employee of an employer who is otherwise eligible pursuant
to this article and who begins service in a limited appointment for not more than
eighteen months on or after July 1, 1979. If the employment exceeds eighteen months, the
employee shall be covered by ASRS as of the beginning of the nineteenth month of
employment. In order to be excluded under this subdivision, classifications of employees
designated by employers as limited appointments must be approved by the director.

(f) Does not include any leased employee. For the purposes of section 414(n) of the
internal revenue code, "leased employee" means an individual who:

(i) Is not otherwise an employee of an employer.

(ii) Pursuant to a leasing agreement between the employer and another person,
performs services for the employer on a substantially full-time basis for at least one
year.

(iii) Performs services under the primary direction or control of the employer.

24. "Member contributions" means all amounts paid to ASRS by a member.

25. "Normal costs" means the sum of the individual normal costs for all active
members for each fiscal year. The normal cost for an individual active member is the cost
that is assigned to the fiscal year using the projected unit credit method.

26. "Normal retirement age" means the age at which a member reaches the member's
normal retirement date.

27. "Normal retirement date" means the earliest of the following:

(a) A member's sixty-fifth birthday.

(b) A member's sixty-second birthday and completion of at least ten years of
credited service.

(c) For a member whose membership commenced before July 1, 2011, the first day that
the sum of a member's age and years of total credited service equals eighty. For a member
whose membership commenced on or after July 1, 2011, the first day that the sum of a
member's age and years of total credited service equals eighty-five.

28. "Political subdivision" means any political subdivision of this state and
includes a political subdivision entity.

29. "Political subdivision entity" means an entity:

(a) That is located in this state.

(b) That is created in whole or in part by political subdivisions, including
instrumentalities of political subdivisions.

(d) Whose primary purpose is the performance of a government related service.

30. "Retired member" means a member who is receiving retirement benefits pursuant to
this article.

31. "Service year" means fiscal year, except that:

(a) If the normal work year required of a member is less than the full fiscal year
but is for a period of at least nine months, the service year is the normal work year.

(b) For a salaried member employed on a contract basis under one contract, or two
or more consecutive contracts, for a total period of at least nine months, the service
year is the total period of the contract or consecutive contracts.

(c) In determining average monthly compensation pursuant to paragraph 5 of this
section, the service year is considered to be twelve months of compensation.

32. "State" means this state, including any department, office, board, commission,
agency, institution or other instrumentality of this state.

33. "Vested" means that a member is eligible to receive a future retirement benefit.