SB 1414 — retirement; reemployment; school resource officers

The employer shall pay the alternate contribution rate pursuant to section 38-843.05.

(d) Any pension payments received by the retired member, who retired on or after July 1, 2009, during the period of reemployment are considered overpayments pursuant to section 38-850, unless subsection B of this section applies.

If the board determines in the board's sole discretion, for a member who retired on or after July 1, 2009, that the retired member's reemployment during the six-month period and the failure of the employer or the local board to suspend the member's pension were not intentional to circumvent the requirements of this subsection, the pension payments received by the retired member after the retired member's reemployment are subject to repayment up to only the amount received between the date of the member's reemployment and the expiration of the six-month period.

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1414 2.

The retired member, who retired on or after July 1, 2009 and who is reemployed terminates employment, may be subsequently reemployed with the employer from which the member retired and resume receiving pension payments after a period of six months, less the period of time the retired member was not reemployed after retirement with the employer from which the member retired, if at least sixty days of the six months are consecutive.

3.

Paragraph 1, subdivisions (a), (b) and (d) of this subsection do not apply if any of the following occurs:

(a) The retired member becomes reemployed after sixty consecutive days from the member's retirement date as a result of participating in an open competitive new hire process except if the retired member is hired for the same position or if the retired member has a prearranged reemployment agreement with the employer.

(b) The retired member is hired as a fire inspector, or arson investigator OR SCHOOL RESOURCE OFFICER.

(c) The retired member who is receiving an accidental disability, ordinary disability, catastrophic disability or temporary disability pension accepts a job reassignment as an accommodation in accordance with the Americans with disabilities act of 1990 due to a disability that is directly related to the retired member being awarded an accidental disability, ordinary disability, catastrophic disability or temporary disability benefit.

If a personretired member is sentencedassigned voluntary duties acting as a categorylimited twoauthority repetitivepeace offenderofficer, pursuant to subsectionthe BArizona ofpeace thisofficer sectionstandards and iftraining atboard leastrules, twoemployee aggravatingcontributions circumstancesshall listednot inbe sectionmade 13-701,on subsectionthe Dretired applymember's oraccount, atand leastany twoservice mitigatingshall circumstancesnot listedbe incredited sectionduring 13-701, subsection E apply, the courtperiod may impose a mitigated or aggravated sentence pursuant to subsection I of thisreemployment. section.

The employer shall not pay the alternate contribution rate pursuant to section 38-843.05.

If aafter personsix ismonths sentencedafter asthe adate categoryof threeretirement repetitivea offenderretired pursuantmember tobecomes subsectionreemployed Cby ofthe thisemployer sectionfrom andwhich atthe leastmember tworetired aggravatingin circumstancesa listedposition inother sectionthan 13-701,the subsectionsame Dposition orfrom atwhich leastthe twomember mitigatingretired, circumstancesemployee listedcontributions inshall sectionnot 13-701,be subsectionmade Eon apply, the courtretired maymember's imposeaccount, aand mitigatedany orservice aggravatedshall sentencenot pursuantbe tocredited subsectionduring Jthe period of thisreemployment. section.

-The 1employer -shall S.B.pay the alternate contribution rate pursuant to section 38-843.05.

1414 H.

AAt categoryany onetime repetitivefollowing offenderretirement, if the retired member becomes employed by an employer, other than the employer from which the member retired, in a position ordinarily filled by an employee of an eligible group, employee contributions shall not be sentencedmade withinon the followingretired ranges:member's account, and any service shall not be credited during the period of reemployment.

FelonyThe Mitigatedemployer Minimumshall Presumptivepay Maximumthe Aggravatedalternate Classcontribution 2rate 3pursuant yearsto 4section years38-843.05. 5 years 10 years 12.5 years Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years Class 5 .5 years .75 years 1.5 years 2 years 2.5 years Class 6 .25 years .5 years 1 year 1.5 years 2 years I.

A- category3 two- repetitiveS.B. offender shall be sentenced within the following ranges:

Felony1414 MitigatedI. Minimum Presumptive Maximum Aggravated Class 2 4.5 years 6 years 9.25 years 18.5 years 23 years Class 3 3.25 years 4.5 years 6.5 years 13 years 16.25 years Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years Class 5 1 year 1.5 years 2.25 years 3 years 3.75 years Class 6 .75 years 1 year 1.75 years 2.25 years 2.75 years J.

AIf categorya threemember repetitivewho offenderretired under an accidental or ordinary disability becomes reemployed as an employee of an eligible group, section 38-844 applies and a determination shall be sentencedmade withinby the followinglocal ranges:board as to whether subsection E, F, G or H of this section applies.

FelonyJ. Mitigated Minimum Presumptive Maximum Aggravated Class 2 10.5 years 14 years 15.75 years 28 years 35 years Class 3 7.5 years 10 years 11.25 years 20 years 25 years Class 4 6 years 8 years 10 years 12 years 15 years Class 5 3 years 4 years 5 years 6 years 7.5 years Class 6 2.25 years 3 years 3.75 years 4.5 years 5.75 years K.

The aggravatedlocal orboard mitigated term imposed pursuant to subsection H, I or J of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13-701, subsection D, paragraph 11 shall bereview foundall toreemployment bedeterminations true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factualvoluntary findingsassignments andas reasonsdescribed in supportsubsection ofF these findings are set forth on the record at the time of sentencing.this section.

If the local board or the system is not provided the necessary information required by the system to make a reemployment determination, the local board and the system shall suspend pension payments until information is received and a determination is made regarding whether the reemployment meets the requirements of subsection E, F, G, H or I of this section.

K.

A person who defrauds the system or who takes, converts, steals or embezzles monies owned by or from the system and who fails or refuses to return the monies to the system on the board's written request is subject to civil suit by the system in the superior court in Maricopa county.

On entry of an order finding the person has defrauded the system or taken, converted, stolen or embezzled monies owned by or from the system, the court shall enter an order against that person and for the system awarding the system all of its costs and expenses of any kind, including attorney fees, that were necessary to successfully prosecute the action.

The court shall also grant the system a judicial lien on all of the nonexempt property of the person against whom judgment is entered pursuant to this subsection in an amount equal to all amounts awarded to the system, plus interest at the rate prescribed by section 44-1201, until all amounts owed are paid to the system.

ConvictionsNotwithstanding forany twoother orprovision moreof offensesthis committedarticle, onthe board may offset against any benefits otherwise payable by the samesystem occasionto shallan beactive countedor asretired onlymember oneor convictionsurvivor forany thecourt purposesordered ofamounts subsectionsawarded Bto the board and Csystem ofand thisassessed section.against the member or survivor.

ANotwithstanding personany whoother hasprovision beenof convictedthis inarticle, anya courtmember outsidewho theretires jurisdictionhaving met all of thisthe statequalifications offor anretirement offenseand thatwho wassubsequently punishablebecomes byan thatelected jurisdictionofficial, asby aelection felonyor appointment, is subjectnot toconsidered thisreemployed section.by the same employer.

A person who has been convicted as an adult of an offense punishable as a felony under the provisions of any prior code in this state or the jurisdiction in which the offense was committed is subject to this section.

A person who has been convicted of a felony weapons possession violation in any court - 2 - S.B.

1414 outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this section.

TheFor penaltiesthe prescribedpurposes byof this sectionsection, shall"same beposition" substitutedmeans fora theposition penaltiesin otherwisewhich authorizedthe bymember lawperforms ifsubstantially ansimilar allegationduties ofthat priorwere convictionperformed isand chargedexercises insubstantially thesimilar indictmentauthority orthat informationwas andexercised admittedby orthe foundretired bymember thebefore court.retirement.

The- release4 provisions- prescribed by this section shall not be substituted for any penalties required by the substantive offense or a provision of law that specifies a later release or completion of the sentence imposed before release.

The court shall allow the allegation of a prior conviction at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the person was in fact prejudiced by the untimely filing and states the reasons for these findings.

If the allegation of a prior conviction is filed, the state must make available to the person a copy of any material or information obtained concerning the prior conviction.

The charge of previous conviction shall not be read to the jury.

For the purposes of this subsection, "substantive offense" means the felony offense that the trier of fact found beyond a reasonable doubt the person committed.

Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.

O.

A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

P.

The court shall inform all of the parties before sentencing occurs of its intent to impose an aggravated or mitigated sentence pursuant to subsection H, I or J of this section.

If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.

Q.

The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.

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