Arizona Laws 38-846.04. Reinstatement of credited service; effect of prior law
A. A member who received a severance refund on termination of employment as provided in Section 38-846.02, who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-849 or a member who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the following times for the specified situations:
Terms Used In Arizona Laws 38-846.04
- Credited service: means the member's total period of service before the member's effective date of participation, plus those compensated periods of the member's service thereafter for which the member made contributions to the fund. See Arizona Laws 38-842
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service: means the last period of continuous employment of an employee by the employers before the employee's retirement, except that if such period includes employment during which the employee would not have qualified as a member had the system then been effective, such as employment as a volunteer firefighter, then only twenty-five percent of such noncovered employment shall be considered as service. See Arizona Laws 38-842
- Statute: A law passed by a legislature.
- System: means the public safety personnel retirement system established by this article. See Arizona Laws 38-842
1. At the time of the member’s reemployment if the member is reemployed by an employer other than the same employer.
2. At the time of the member’s reemployment if the member is reemployed by the same employer at least ninety days after the date of termination.
3. At the time of the member’s most recent termination if the member is reemployed by the same employer in any capacity within ninety days after the date of termination.
B. Subsection A of this section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.
C. If a member was initially employed on or after July 1, 2017, regardless of whether the member received a severance refund or redeposits the amount withdrawn with interest, the member shall return to the system as irrevocably elected pursuant to Section 38-842.01.
D. A member who transfers credited service from one employer to another employer pursuant to section 38-853 retains the benefits and duties in effect at the time of the member’s transfer.