Arizona Revised Statutes
Ariz. Rev. Stat. § 38-901 (2026)
Transfers into or out of retirement plan
✓ current as of May 2026
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A. A member who changes employment or transfers or is assigned to a position in which the member is no longer eligible to be a member of this plan, because of a change in duties or otherwise, with the same or another employer of this state or a municipality of this state participating in a different retirement system or plan, is entitled to have all credited service transferred to the retirement system or plan applicable to the new position in accordance with article 7 of this chapter.
B. A member who begins employment with a participating employer in this plan and who has credited service from a different system or plan may transfer the prior service to this plan in accordance with article 7 of this chapter.
Notes of Decisions
Cited in 4
cases, 1974–1981 · leading case: McLeod v. Chilton, 643 P.2d 712 (Ariz. Ct. App. 1981).
McLeod v. Chilton, 643 P.2d 712 (Ariz. Ct. App. 1981). “His argument goes as follows: In 1968, former A.R.S. § 38-901 6 provided: In this chapter [the Merit System], unless the context otherwise requires: ****** 4.”
Dixon v. Osman, 528 P.2d 181 (Ariz. Ct. App. 1974). “1973) provides that the Auditor General and his employees are exempt from the provisions of the State Personnel Code, A.R.S. §§ 38-901 through 38-935 (Supp.1973), because the Auditor General is appointed by the Joint Legislative Budget Committee, A.”
Bennett ex rel. Arizona State Pers. Comm'n v. Beard, 556 P.2d 1137 (Ariz. Ct. App. 1976). “At the time the offer of employment was made and accepted, employees of the Arizona Highway Department were not covered by the Arizona Merit System (A.R.S. § 38-901, et seq. 2 ), since this act did not apply to them until January 1, 1969.”
Bennett Ex Rel., Ariz. State Pers. Com'n. v. Beard, 556 P.2d 1137 (Ariz. Ct. App. 1976). “At the time the offer of employment was made and accepted, employees of the Arizona Highway Department were not covered by the Arizona Merit System (A.R.S. § 38-901, et seq. [2] ), since this act did not apply to them until January 1, 1969.”
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