38-743. Public service credit
A. If an active member of ASRS or a member who is receiving benefits pursuant to section 38-797.07 was previously employed by the United States government, a state, territory, commonwealth, overseas possession or insular area of the United States or a political subdivision of a state, territory, commonwealth, overseas possession or insular area of the United States, excluding any time worked for a prison while the member was incarcerated, the member may receive credited service for this prior employment if the member pays into ASRS the amount prescribed in subsection B of this section. For a member whose membership date is on or after July 20, 2011, the member may receive not more than sixty months of credited service.
B. A member who elects to receive credit for service with the United States government, a state, territory, commonwealth, overseas possession or insular area of the United States or a political subdivision of a state, territory, commonwealth, overseas possession or insular area of the United States shall pay to ASRS an amount equal to the present value of the additional benefit that is derived from the purchased credited service using the actuarial assumptions that are approved by the board.
C. A member who previously was a member of another public employee retirement system and who receives or is eligible to receive retirement benefits from that system for any period of employment is ineligible to receive retirement benefits from ASRS for the same period.
D. If a member's membership date is on or after July 1, 2010, the member shall have at least five years of credited service in ASRS before electing to receive credit for service pursuant to this section.
Notes of Decisions
Pendergast v. Arizona State Ret. Sys., 323 P.3d 1186 (Ariz. Ct. App. 2014).
· cites it 23× “The Public Service Credit Purchase Program ¶ 4 The public service credit purchase program (“the Program”) is codified at AR.S. § 38-743. Established in 1987, the Program initially applied to teachers and school administrators who had been teachers or school administrators in…”
State Ex Rel. Smith v. Bohannan, 421 P.2d 877 (Ariz. 1966).
· cites it 4× “As a member of the State Retirement Board, it was respondent’s obligation to invest the funds of the state retirement system, A.R.S. § 38-743, and, in doing so, to pass upon the desirability of investments in order to insure the solvency of the retirement system.”
Arizona State Ret. Bd. v. Gibson, 411 P.2d 47 (Ariz. Ct. App. 1966).
· cites it 6× “Section 38-743, subsec. A recognizes the Board as an autonomous body with an official seal, with a capacity to transact business in its official name and among other things "in that name may sue and be sued.”
Kimball v. Shofstall, 494 P.2d 1357 (Ariz. Ct. App. 1972).
· cites it 2× “See A.R.S. § 38-743, subsec. A relating to the Arizona State Retirement System.”
Schade v. Arizona State Ret. Sys., 510 P.2d 42 (Ariz. 1973).
“” On 21 October 1969, the Arizona Retirement Board, pursuant to § 38-743 A.R.S., held a hearing to determine the rights of beneficiaries to the balance of this account.”
— Ariz. Rev. Stat. § 38-743(A) — 1 case
Pendergast v. Arizona State Ret. Sys., 323 P.3d 1186 (Ariz. Ct. App. 2014).
“The Public Service Credit Purchase Program ¶ 4 The public service credit purchase program (“the Program”) is codified at AR.S. § 38-743. Established in 1987, the Program initially applied to teachers and school administrators who had been teachers or school administrators in…”
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