Arizona 57th Legislature - First Regular Session Status: Passed Senate 1 R cosponsors

SB 1034 — ASRS; return to work; prosecutors

Last action — House Second Reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

123 added · 144 removed

Plain-language change summary

The amended version of SB 1034 specifies that retirees must have truly separated from their employer for at least six months before being eligible to return to work as prosecutors while still receiving their retirement benefits. This change clarifies the conditions under which retirees can rejoin the workforce, ensuring that the return to work is substantive and not just a quick transition. Additionally, the amendment emphasizes that any decision to return to work under these terms is final and must be documented with the employer. These updates are important as they aim to balance the needs of retired employees with the integrity of the retirement system.

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Bill Number:
Senate Engrossed ASRS;
S.B.
return to work;
1034 Kavanagh Floor Amendment Reference to:
prosecutors State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1034 AN ACT AMENDING SECTIONS 38-766.01 AND 38-766.02, ARIZONA REVISED STATUTES;
printed bill Amendment drafted by:
RELATING TO THE ARIZONA STATE RETIREMENT SYSTEM.
Leg Council FLOOR AMENDMENT EXPLANATION • Removes the specification that a retired Arizona State Retirement System member’s authority to return to work as a state, county, city or town prosecutor after six months of retirement is at the member’s election.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
Amendment explanation prepared by Molly Graver 03/03/2025 Fifty-seventh Legislature Kavanagh First Regular Session S.B.
1034 Be it enacted by the Legislature of the State of Arizona:
1034 KAVANAGH FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.
1034 (Reference to printed bill) Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
NOTWITHSTANDING SECTION 38-766 AND SUBSECTION A OF THIS SECTION, [AT A RETIRED MEMBER'S ELECTION,] A RETIRED MEMBER WHO TERMINATED DIRECT EMPLOYMENT WITH AN EMPLOYER AT LEAST SIX MONTHS AFTER THE DATE OF RETIREMENT BEFORE RETURNING TO WORK MAY RETURN TO WORK AS A PROSECUTOR FOR THIS STATE, A COUNTY OR A CITY OR TOWN AND STILL BE ELIGIBLE TO RECEIVE RETIREMENT BENEFITS.
NOTWITHSTANDING SECTION 38-766 AND SUBSECTION A OF THIS SECTION, A RETIRED MEMBER WHO TERMINATED DIRECT EMPLOYMENT WITH AN EMPLOYER AT LEAST SIX MONTHS AFTER THE DATE OF RETIREMENT BEFORE RETURNING TO WORK MAY RETURN TO WORK AS A PROSECUTOR FOR THIS STATE, A COUNTY OR A CITY OR TOWN AND STILL BE ELIGIBLE TO RECEIVE RETIREMENT BENEFITS.
Senate Amendments to S.B.
D.
1034 D.
2.
- 1 - S.B.
1034 2.
-2- Senate Amendments to S.B.
2.
1034 2.
ASRS may recover delinquent payments due under this section, together with interest charges as provided in this section, by action in a court of competent jurisdiction against an employer liable for payments or, at the request of the director, ASRS may deduct the delinquent payments and interest charges from any other monies, including excise revenue taxes, payable to the employer by any department or agency of this state.
ASRS may recover delinquent payments due under this section, together with interest charges as provided in this section, by action in a court of competent jurisdiction against an employer liable for payments or, at the request of the director, ASRS may deduct the delinquent payments and - 2 - S.B.
1034 interest charges from any other monies, including excise revenue taxes, payable to the employer by any department or agency of this state.
-3- Senate Amendments to S.B.
2.
1034 2.
Enroll and engross to conform Amend title to conform JOHN KAVANAGH 1034FloorKAVANAGH.docx 02/26/2025 1:03 PM C:
- 3 -
MH -4-
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View plain text versions (3)

How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill expands the conditions under which retired members of the Arizona State Retirement System can return to work while still receiving retirement benefits, specifically allowing prosecutors to return to work after a shorter gap post-retirement.

  • Section 38-766.01

    C. → C. NOTWITHSTANDING SECTION 38-766 AND SUBSECTION A OF THIS SECTION, A RETIRED MEMBER WHO TERMINATED DIRECT EMPLOYMENT WITH AN EMPLOYER AT LEAST SIX MONTHS AFTER THE DATE OF RETIREMENT BEFORE RETURNING TO WORK MAY RETURN TO WORK AS A PROSECUTOR FOR THIS STATE, A COUNTY OR A CITY OR TOWN AND STILL BE ELIGIBLE TO RECEIVE RETIREMENT BENEFITS.

    Allows retired members to return to work as prosecutors after a six-month break and still receive retirement benefits.

  • Section 38-766.01

    A retired member may return to work as a state elected official who is subject to term limits and still be eligible to receive retirement benefits. → B. Notwithstanding section 38-766 and subsection A of this section, at a retired member's election, a retired member may return to work as a state elected official who is subject to term limits and still be eligible to receive retirement benefits.

    Clarifies the eligibility of retired members to return as state elected officials while receiving retirement benefits.

  • Section 38-766.01

    acknowledgment → ACKNOWLEDGMENT

    Corrects the wording of the required written acknowledgment to be filed by retired members upon returning to work.

  • Section 38-766.02

    E → F.

    Updates the subsection labels for consistency in the section.

Action History

  1. House Second Reading

  2. House First Reading.

  3. Transmit to House

  4. PASSED

  5. DPA

  6. DP

  7. Senate Second Reading

  8. Senate First Reading

  9. Prefiled.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 25 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 9103
Republican 16100
Total 25203
% of votes cast 83%7%0%10%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Yea
Catherine Miranda Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Eva Burch Democrat Not Voting
Eva Diaz Democrat Yea
Flavio Bravo Democrat Not Voting
Lauren Kuby Democrat Yea
Lela Alston Democrat Yea
Priya Sundareshan Democrat Yea
Rosanna Gabaldón Democrat Yea
Sally Ann Gonzales Democrat Not Voting
Theresa Hatathlie Democrat Yea
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1034?
SB 1034 is sponsored by John Kavanagh (Republican).
What is the current status of SB 1034?
This bill died with 57th Legislature - First Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1034?
Track SB 1034 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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