§ 24-7-501 - Membership generally.
24-7-501. Membership generally.
(a) The membership of the Arkansas Teacher Retirement System shall include the following persons:
(1) All teachers who last began service on or after July 1, 1971, and whose service is not covered by another retirement plan similar in purpose to the Arkansas Teacher Retirement System, except social security; and
(2) (A) All nonteachers who begin nonteaching service on or after July 1, 1989, and whose nonteaching service is not covered by another retirement plan similar in purpose to the Arkansas Teacher Retirement System, except social security.
(B) (i) All nonteachers who began nonteaching service before July 1, 1989, whose nonteaching service is covered or coverable by the Arkansas Public Employees' Retirement System shall continue to be covered by the Arkansas Public Employees' Retirement System for all nonteaching service, both past and future, unless the nonteacher elects to have the nonteaching service after July 1, 2001, covered by the Arkansas Teacher Retirement System under subdivision (a)(2)(C) of this section.
(ii) These nonteachers who began service before July 1, 1989, shall be considered members of a closed system to be administered by the Arkansas Public Employees' Retirement System.
(iii) The employer contribution rate for this closed system shall be established at a rate necessary to fund all present and future liabilities until such time as there are no longer members, retirants, or deferred annuitants;
(C) (i) Beginning July 1, 2001, and each July 1 of each year thereafter, nonteachers who participate in the Arkansas Public Employees' Retirement System may elect to become members of the Arkansas Teacher Retirement System.
(ii) Service credit while a member of the Arkansas Public Employees' Retirement System cannot be established in the Arkansas Teacher Retirement System.
(iii) The election to withdraw from the Arkansas Public Employees' Retirement System and become a member of the Arkansas Teacher Retirement System shall be made by May 31, 2001, or by May 31 of each year thereafter, and notice of the election shall be made in writing and filed with the Arkansas Teacher Retirement System.
(iv) The election to participate in the Arkansas Teacher Retirement System shall be irrevocable.
(v) Nonteachers who elect coverage in the Arkansas Teacher Retirement System under the provisions of this section and who accumulate five (5) or more years of credited service in the Arkansas Teacher Retirement System will be eligible for benefits as provided in 24-7-713(b).
(b) (1) A person who has excluded himself or herself from membership before July 1, 1991, may rescind the exclusion by filing with the system a membership data form.
(2) The rescission shall be effective July 1 of the fiscal year in which it is exercised.
(3) At the direction of the person, the membership may be prospective only, or both prospective and retroactive.
(4) For the membership to be retroactive, the member must pay to the system both the member contributions and the employer contributions that would have been paid to the system had there been no exclusion, plus interest from the effective date of the excluded service to the date of payment in full.
(c) In any case of question as to the system membership status of any person, the Board of Trustees of the Arkansas Teacher Retirement System shall have the final power to decide the question.
(d) (1) Membership in the system shall be a condition of employment in accordance with subsections (a) and (b) of this section.
(2) Provided, however, individual members who are employed for less than thirty (30) days within a fiscal year shall not be eligible for any credit or benefit in the system, and any employee contributions made by the member during that period shall be refunded by the system.