Arizona Revised Statutes
Ariz. Rev. Stat. § 38-741 (2026)
Reemployment of inactive member
✓ current as of May 2026
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A. ASRS shall return to active status an inactive member who terminates employment with an employer without terminating membership in ASRS and who later is reemployed by the same or another employer.
B. On retirement, ASRS shall disburse benefits derived from service for all employers that employed the member.
C. Retirement benefits attributable to service before membership in ASRS, if any, shall be paid only by the employer from which the retiring member obtained entitlement to the benefits as provided in section 38-729.
Notes of Decisions
Cited in 8
cases, 1956–1992 · leading case: Carpenter v. Carpenter, 722 P.2d 230 (Ariz. 1986).
Carpenter v. Carpenter, 722 P.2d 230 (Ariz. 1986). “§§ 38-748, -749; see generally A.R.S. §§ 38-741, -781.37. Neither the property settlement nor their dissolution decree mentions John's accumulated state retirement fund benefits; neither contains any provision purporting to dispose of community assets not specifically described.”
McClead v. Pima Cnty., 849 P.2d 1378 (Ariz. Ct. App. 1992). “ASRPS is a comprehensive plan and system regulated by the Employment Retirement System Act and Plan, A.R.S. §§ 38-741 to -781.38, for the benefit of employees and officers of the state, state instrumen-talities, and state political subdivisions.”
City of Tempe v. Arizona Bd. of Regents, 461 P.2d 503 (Ariz. Ct. App. 1969). “A political subdivision may not tax its sovereign without the consent of the sovereign: “That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance, in conferring on one…”
City of Phoenix v. Collar, Williams & White Eng'g, Inc., 472 P.2d 479 (Ariz. Ct. App. 1970). “5, as amended; A.R.S. § 38-741, subsec. 8, as amended; A.”
Schade v. Arizona State Ret. Sys., 510 P.2d 42 (Ariz. 1973). “The benefits provided for beneficiaries under the State Employees’ Retirement System, § 38-741 et seq., A.R.S., are in the nature of proceeds of an annuity or life insurance contract.”
Finch v. State Dep't of Pub. Welfare, 295 P.2d 846 (Ariz. 1956). “1939, Section 38-741 et seq., A.R.S.1956. If the authority existed then the Board’s action was lawful and the writ should be quashed; if not, it was illegal and a peremptory writ should issue.”
Rehurek v. Welcome, 549 P.2d 1052 (Ariz. Ct. App. 1976). “01(23) State Retirement Plan, both adopted in 1975 and which are general statutes covering state employees provide: “ ‘Normal retirement date’ means the first day of the calendar month immediately following an employee’s sixty-fifth birthday.”
Kelley v. Tims, 440 P.2d 39 (Ariz. Ct. App. 1968). “The State Employees Retirement System is found in A.R.S. § 38-741 thru A.R.S. § .38-764. As amended in 1964 § 38-745 provides, in part: “A.”
— Ariz. Rev. Stat. § 38-741(13) — 1 case
Rehurek v. Welcome, 549 P.2d 1052 (Ariz. Ct. App. 1976). “01(23) State Retirement Plan, both adopted in 1975 and which are general statutes covering state employees provide: “ ‘Normal retirement date’ means the first day of the calendar month immediately following an employee’s sixty-fifth birthday.”
— Ariz. Rev. Stat. § 38-741(9) — 1 case
City of Tempe v. Arizona Bd. of Regents, 461 P.2d 503 (Ariz. Ct. App. 1969). “A political subdivision may not tax its sovereign without the consent of the sovereign: “That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance, in conferring on one…”
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