StrickenARKANSAS languageSENATE would94th beGeneral deletedAssembly from- andRegular underlinedSession, language2023 wouldAmendment beForm added______________________________________________________________________ toSubtitle presentof law.Senate Bill No.

State150 ofTO ArkansasAMEND AsTHE Engrossed:LAW CONCERNING RETIREMENT BENEFITS;

S2/14/23AND S3/28/23TO 94thPROHIBIT GeneralCOLLECTION AssemblyOF ABENEFITS BillBY RegularMEMBERS Session,AND 2023RETIRANTS SENATEOF BILLRETIREMENT 150SYSTEMS 5WHO By:ARE CONVICTED OF CERTAIN OFFENSES.

Senators______________________________________________________________________ M.Amendment No.

Johnson,1 C.to Senate Bill 150 Amend Senate Bill No.

Tucker150 By:as originally introduced:

RepresentativesPage G.1, line 11, delete "MEMBERS AND RETIRANTS" and substitute "MEMBERS, RETIRANTS, OR BENEFICIARIES" AND Page 1, delete the subtitle in its entirety and substitute:

Hodges,"TO Rye 8 For An Act To Be Entitled AN ACT TO AMEND THE LAW CONCERNING RETIREMENT BENEFITS;

AND TO PROHIBIT COLLECTION OF BENEFITS BY MEMBERS, RETIRANTS, OR BENEFICIARIES OF RETIREMENT SYSTEMS WHO ARE CONVICTED OF CERTAIN OFFENSES;OFFENSES." AND Page 1, delete SECTION 1 in its entirety and substitute the following:

AND"SECTION FOR1. OTHER PURPOSES.

Subtitle TO AMEND THE LAW CONCERNING RETIREMENT BENEFITS;

AND TO PROHIBIT COLLECTION OF BENEFITS BY MEMBERS, RETIRANTS, OR BENEFICIARIES OF RETIREMENT SYSTEMS WHO ARE CONVICTED OF CERTAIN OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.

(5)(A)(5) "Public office"trust crime" means ana officecrime createdprohibited by or under the authority of the laws of the State of Arkansas orConstitution, aArticle subdivision5, thereof§ that9; *LHR072* 03-28-2023 10:23:15 LHR072 As Engrossed:

S2/14/23and S3/28/23(6) SB150"Retirant" ismeans filled by a personmember who isretires electedwith bya thebenefit voterspayable offrom thefunds State of Arkansas.a retirement plan.

(B)*.LHR136* "PublicLHR136 office"- does02-13-2023 not14:15:06 includePage an1 office created by or under the authority of any3 federalSECTION law;2.

(6) "Public trust crime" means a crime prohibited under Arkansas Constitution, Article 5, § 9;

and (7) "Retirant" means a member who retires with a benefit payable from funds of a retirement plan.

9 SECTION 2.

(a)(1) A member or retirant forfeits his or her right to benefit payments under a retirement system if he or she pleads guilty or nolo contendere to or is found guilty of a public trust crime while holding public office in this state.

(B) Pleads guilty or nolo contendere to the unlawful killing of the member or retirant Pleads guilty or nolo contendere to or is found guilty of a public trust crime while holding public office in this state,state; unless he or she is participating in a retirement system defined under § 24-1-301(2)(F);

(C) Is found liable by a court of competent jurisdiction for the unlawful killing wrongful death of the member or retirant by a preponderance of the evidence in a civil action;.action;

(2)(3) If a retirement system finds that a member, retirant, or 03-28-2023beneficiary 10:23:15has LHR072forfeited Ashis Engrossed:or her right to benefit payments from the retirement system under subdivision (a)(1) subsection (a) of this section, the retirement system shall treat the beneficiary as if he or she is deceased:

S2/14/23 S3/28/23 SB150 beneficiary has forfeited his or her right to benefit payments from the retirement system under subdivision (a)(1) subsection (a) of this section, the retirement system shall treat the beneficiary as if he or she is deceased:

and (B) Refund theany employee contributionscontributions, accumulatedexcluding withinterest, interest as defined by the retirement system that were made by the member or retirant to the retirement system to the:

(C)(4)(A) IfA aretirement retirantsystem ismay alreadymake receivingthe benefits,refund thenof his or her employee contributions,contributions lessto benefitsa receivedmember byor the retirant throughby thea: retirement system, shall be refunded to him or her in full.

(4)(A) A retirement system may make the refund of employee contributions accumulated with interest as defined by the retirement system to a member or retirant by a:

or (ii) Series of monthly payments to the member or retirant in amounts equal to the amount the individualretirement paidsystem inwould have paid to the retirementmember systemor withretirant anhad interesthe rateor asshe definednot byforfeited thehis retirementor system.her benefits.

(B) A retirement system shall make the refund of employee contributions to the estate of a member or retirant by a lump-sum payment to the estate of the member or retirant.

(C)LHR136 Payments- made02-13-2023 under14:15Amendment subdivisionNo. (a)(4)(A) of this section shall cease when the member or retirant is fully reimbursed for his or her employee contributions paid in to the retirement system with an interest rate as defined by the retirement system.

(b)(1)1 Ifto aSenate member,Bill retirant,150 orPage beneficiary2 appealsof his3 or(C) herPayments convictionmade for an offense or a judgment described under subdivision (a)(1)(a)(4)(A) subdivision (a)(1) or (a)(2) of this section,section benefit payments shall notcease bewhen paidthe tomember theor member,retirant retirant,is orfully beneficiaryreimbursed unlessfor thehis appealor resultsher inemployee acontributions, reversalexcluding ofinterest, to the convictionretirement orsystem. judgment.

(2)(A)(b)(1) If thea member, retirant, or beneficiary appeals his or her conviction for an offense described under subdivision (a)(1) subsection (a) of athis section, benefit payments shall not be paid to the member, retirant, or beneficiary 03-28-2023unless 10:23:15the LHR072appeal Asresults Engrossed:in a reversal of the conviction.

S2/14/23(2)(A) S3/28/23If SB150the forconviction anof offensea member, retirant, or abeneficiary judgmentfor an offense described under subdivision (a)(1) subdivision (a)(1) or (a)(2) of this section is reversed, the retirement system may make benefit payments to the member, retirant, or beneficiarybeneficiary. upon repayment of accumulated contributions with interest to the system.

(B) If the conviction of a member, retirant, or beneficiary for an offense or a judgment described under subdivision (a)(1) subdivisionsubsection (a)(1)(a) or (a)(2) of this section is affirmed, the retirement system shall not make benefit payments to the member, retirant, or beneficiary.

(c) If a member or retirant does not have a contingent beneficiary who may receive benefit payments under this section, the member or retirant's contributions to the retirement system shall be refunded to the estate of the member or retirant.retirant." The Amendment was read the first time, rules suspended and read the second time and _______________________ By:

SECTIONSenator 3.M.

DOJohnson NOTLHR/LHR CODIFY.- 02-13-2023 14:15:06 _________________________ LHR136 Secretary LHR136 - 02-13-2023 14:15Amendment No.

Legislative1 intent.to Senate Bill 150 Page 3 of 3

It is the intent of the General Assembly that this act not be construed to apply retroactively to a member or retirant of a retirement system, and shall only apply to a member or retirant who begins making employee contributions following this act's enactment.