38-804

38-804. Membership; termination; reinstatement
of credited service

A. All elected officials are members of the plan, except that a state elected
official who is subject to term limits may elect not to participate in the plan. The
state elected official who is subject to term limits shall make the election in writing
and file the election with the board within thirty days after the state elected official
assumes office. The election is effective on the first day of the state elected
official's eligibility for that term of office. The election not to participate is
specific for that term of office. If a state elected official who is subject to term
limits fails to make an election as provided in this subsection, the state elected
official is deemed to have elected to participate in the plan. The election not to
participate in the plan is irrevocable and constitutes a waiver of all benefits provided
by the plan for the state elected official's entire term, except for any benefits accrued
by the state elected official in the plan for periods of participation prior to being
elected to an office subject to term limits or any benefits expressly provided by
law. The state elected official who elects not to participate in the plan shall
participate in the Arizona state retirement system unless the state elected official
makes an irrevocable election not to participate in the Arizona state retirement system
as provided in section 38-727.

B. If a member ceases to hold office for any reason other than death or retirement,
within twenty days after filing a completed application with the board, the member is
entitled to receive the following amounts, less any benefit payments the member has
received and any amount the member may owe to the plan:

1. If the member has less than five years of credited service with the plan, the
member may withdraw the member's accumulated contributions from the plan.

2. If the member has five or more years of credited service with the plan, the
member may withdraw the member's accumulated contributions plus an amount equal to the
amount determined as follows:

(a) 5.0 to 5.9 years of credited service, twenty-five per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(b) 6.0 to 6.9 years of credited service, forty per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(c) 7.0 to 7.9 years of credited service, fifty-five per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(d) 8.0 to 8.9 years of credited service, seventy per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(e) 9.0 to 9.9 years of credited service, eighty-five per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

(f) 10.0 or more years of credited service, one hundred per cent of all member
contributions deducted from the member's salary pursuant to section 38-810, subsection A.

C. If a member has more than ten years of credited service with the plan, leaves
the monies prescribed in subsection B of this section on account with the plan for more
than thirty days after termination of employment and after that time period requests a
refund of those monies, the member is entitled to receive the amount prescribed in
subsection B of this section plus interest at a rate determined by the board for each
year computed from and after the member's termination of employment.

D. If the amount prescribed in subsection B or C of this section includes monies
that are an eligible rollover distribution and the member elects to have the distribution
paid directly to an eligible retirement plan or individual retirement account or annuity
and specifies the eligible retirement plan or individual retirement account or annuity to
which the distribution is to be paid, the distribution shall be made in the form of a
direct trustee-to-trustee transfer to the specified eligible retirement plan. The
distribution shall be made in the form and at the time prescribed by the board. A member
who receives the amount prescribed in subsection B or C of this section from the plan or
who elects a transfer pursuant to this subsection forfeits the member's credited service,
and all rights to benefits under the plan and membership in the plan terminate.

E. In no case shall more than twelve months of credited service be credited on
account of all service rendered by a member in any one year.

F. If an elected official who has terminated the member's membership in the plan
pursuant to subsection B of this section is subsequently elected or otherwise becomes
eligible for membership in the plan pursuant to subsection A of this section, credited
service only accrues from the date of the member's most recent eligibility as an elected
official.

G. Notwithstanding subsection F of this section, if an elected official files a
written election form with the board within ninety days after the day of the member's
reemployment as an elected official and repays the amount previously withdrawn pursuant
to subsection B or C of this section within one year after the date of the member's
reemployment as an elected official, with interest on that amount at the rate of nine per
cent for each year, compounded each year from the date of withdrawal to the date of
repayment, credited service shall be restored. Credited service shall not be restored
until complete repayment is made to the fund.

H. If a retired member subsequently becomes an elected official, contributions
shall not be made by the retired member or the retired member's employer and credited
service shall not accrue while the retired member is holding office.

I. In addition to subsection H of this section, if a retired member subsequently
becomes, by reason of election or reelection, an elected official of the same office from
which the member retired within a time period following the member's retirement that is
less than one full term for that office, the member shall not receive a pension. If the
elected official ceases to hold the same office, the elected official is entitled to
receive the same pension the elected official was receiving when the elected official's
pension was discontinued pursuant to this subsection. Nothing in this subsection
prohibits a retired judge called by the supreme court to active duties of a judge
pursuant to section 38-813 from receiving retirement benefits.