38-727

38-727. Eligibility; options

The following provisions apply to all employees hired on or after the effective
date:

1. All employees and officers of this state and all officers and employees of
political subdivisions establishing a retirement plan administered by the board pursuant
to this article who as a result of state service or service for the political subdivision
are included in agreements providing for their coverage under the federal old age and
survivors insurance system are subject to this article, except that membership is not
mandatory:

(a) On the part of any employee who is eligible and who elects to participate in
the optional retirement programs established by the Arizona board of regents pursuant to
the authority conferred by section 15-1628 or by a community college district board
pursuant to authority conferred by section 15-1451.

(b) For a state elected official who is subject to term limits, who is eligible for
participation in ASRS because the state elected official elected not to participate in
the elected officials' retirement plan as provided in section 38-804, subsection A and
who elects not to participate in ASRS as provided in paragraph 7 of this section.

(c) On the part of any employee or officer who is eligible to participate and who
participates in the elected officials' retirement plan pursuant to article 3 of this
chapter, the public safety personnel retirement system pursuant to article 4 of this
chapter or the corrections officer retirement plan pursuant to article 6 of this chapter.

2. All employees and officers of political subdivisions whose compensation is
provided wholly or in part from state monies and who are declared to be state employees
and officers by the legislature for retirement purposes are subject, on legislative
enactment, to this article and are members of ASRS.

3. Any member whose service terminates other than by death or withdrawal from
membership is deemed to be a member of ASRS until the member's death benefit is paid.

4. Employees and officers shall not become members of ASRS and, if they are members
immediately before becoming employed as provided by this section, shall have their
membership status suspended while they are employed by state departments paying the
salaries of their officers and employees wholly or in part from monies received from
sources other than appropriations from the state general fund for the period or periods
payment of the employer contributions is not made by or on behalf of the departments.

5. Notwithstanding other provisions of this section, a temporary employee of the
legislature whose projected term of employment is for not more than six months is
ineligible for membership in ASRS. If the employment continues beyond six successive
months, the employee may elect to either:

(a) Receive credit for service for the first six months of employment and establish
membership in ASRS as of the beginning of the current term of employment if, within
forty-five days after the first six months of employment, both the employer and the
employee contribute to ASRS the amount that would have been required to be contributed to
ASRS during the first six months of employment as if the employee had been a member of
ASRS during those six months.

(b) Establish membership in ASRS as of the day following the completion of six
months of employment.

6. A person who is employed in postgraduate training in an approved medical
residency training program of an employer or a postdoctoral scholar who is employed by a
university under the jurisdiction of the Arizona board of regents is ineligible for
membership in ASRS.

7. A state elected official who is subject to term limits and who is eligible for
participation in ASRS because the state elected official elected not to participate in
the elected officials' retirement plan as provided in section 38-804, subsection A may
elect not to participate in ASRS. The election not to participate is specific for that
term of office. The state elected official who is subject to term limits shall make the
election in writing and file the election with ASRS within thirty days after the elected
official's retirement plan mails the notice to the state elected official of the state
elected official's eligibility to participate in ASRS. The election is effective on the
first day of the state elected official's eligibility. If a state elected official who is
subject to term limits fails to make an election as provided in this paragraph, the state
elected official is deemed to have elected to participate in ASRS. The election not to
participate in ASRS is irrevocable and constitutes a waiver of all benefits provided by
ASRS for the state elected official's entire term, except for any benefits accrued by the
state elected official in ASRS for periods of participation prior to being elected to an
office subject to term limits or any benefits expressly provided by law.