Arkansas Code Annotated
Ark. Code Ann. § 24-8-902 (2026)
Additional funding for district court clerks
✓ current as of May 2026
- A local government that has established a municipal judge's retirement fund shall contribute an amount of money to the Arkansas Public Employees' Retirement System that shall represent the actuarially determined accrued liability for those court clerks and former court clerks who are covered by the municipal judge's retirement fund on December 31, 2004.
- The assets of the municipal judge's retirement fund equal to the benefit obligations for the court clerks under subsection (a) of this section shall be paid to the system on January 1, 2005.
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- If the municipal judge's retirement fund does not have sufficient funds available to pay the benefit obligations for the court clerks under subsection (a) of this section to the system, then the remaining amount of actuarially determined accrued liability shall be paid on or before December 31 each year for up to the next thirty (30) years based on a thirty-year amortization period.
- If the amount in the municipal judge's retirement fund is greater than the actuarially determined amount of the liabilities to be transferred to the system, that excess may be retained by the local government for the sole purpose of paying for the retirement benefits of district court clerks.
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The accrued benefit used to determine the accrued liability under this section shall be determined by:
- Calculating the benefit that the court clerk would be eligible to receive on December 31, 2004, as provided by law before January 1, 2005, if the court clerk was eligible to begin receiving benefits on January 1, 2005; and
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Multiplying the amount in subdivision (d)(1)(A) of this section by the number of years of eligible service and then dividing by the greater of:
- The number of years of service needed to be eligible to retire; or
- The current years of eligible service.
- The service years are to be determined under the law before January 1, 2005.
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The accrued benefit used to determine the accrued liability under this section shall be determined by:
History. Acts 2003, No. 1375, § 1; 2005, No. 1022, § 16; 2007, No. 177, § 13.
A.C.R.C. Notes. As enacted by Acts 2003, No. 1375, § 1, subsection (a) of this section began:
“If the Arkansas District Judge's Retirement System is created,”.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: Linda Bolding v. Arkansas Pub. Employees Ret. Sys. Arkansas Pub. Employees Ret. Sys. Bd. Candace Franks, in Her Off. & Individual Capacity Larry Walther, in His Off. & Individual Capacity David Hudson, in His Off. & Individual Capacity Steve Faris, in His Off. & Individual Capacity Daryl Bassett, in His Off. & Individual Capacity Gary Carnahan, in His Off. & Individual Capacity Joe Hurst, in His Off. & Individual Capacity Andrea Lea, in Her Off. & Individual Capacity Dennis Milligan, in His Off. & Individual Capacity & Duncan Baird, in His Off. & Individual Capacity, 2022 Ark. App. 275 (Ark. Ct. App. 2022).
Linda Bolding v. Arkansas Pub. Employees Ret. Sys. Arkansas Pub. Employees Ret. Sys. Bd. Candace Franks, in Her Off. & Individual Capacity Larry Walther, in His Off. & Individual Capacity David Hudson, in His Off. & Individual Capacity Steve Faris, in His Off. & Individual Capacity Daryl Bassett, in His Off. & Individual Capacity Gary Carnahan, in His Off. & Individual Capacity Joe Hurst, in His Off. & Individual Capacity Andrea Lea, in Her Off. & Individual Capacity Dennis Milligan, in His Off. & Individual Capacity & Duncan Baird, in His Off. & Individual Capacity, 2022 Ark. App. 275 (Ark. Ct. App. 2022). “According to Ark. Code Ann. § 24-8-902 (a) (Repl. 2014), a local government that has established a municipal judge’s retirement fund shall contribute an amount of money to 1 When Bolding filed her complaint in circuit court, she added individual board members as defendants;…”
— Ark. Code Ann. § 24-8-902(a) — 1 case
Linda Bolding v. Arkansas Pub. Employees Ret. Sys. Arkansas Pub. Employees Ret. Sys. Bd. Candace Franks, in Her Off. & Individual Capacity Larry Walther, in His Off. & Individual Capacity David Hudson, in His Off. & Individual Capacity Steve Faris, in His Off. & Individual Capacity Daryl Bassett, in His Off. & Individual Capacity Gary Carnahan, in His Off. & Individual Capacity Joe Hurst, in His Off. & Individual Capacity Andrea Lea, in Her Off. & Individual Capacity Dennis Milligan, in His Off. & Individual Capacity & Duncan Baird, in His Off. & Individual Capacity, 2022 Ark. App. 275 (Ark. Ct. App. 2022). “According to Ark. Code Ann. § 24-8-902 (a) (Repl. 2014), a local government that has established a municipal judge’s retirement fund shall contribute an amount of money to 1 When Bolding filed her complaint in circuit court, she added individual board members as defendants;…”
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