§ 24-7-1308. Termination of participation in Teacher Deferred Retirement Option Plan — Distribution options

(a)

1. (1) The member’s participation in the Teacher Deferred Retirement Option Plan shall cease when the member files an application for voluntary retirement with the Arkansas Teacher Retirement System under § 24-7-701 and is granted a monthly retirement benefit by the system.

2. (2) The system shall cancel a plan participant’s retirement benefits, and the plan participant forfeits any retirement benefits, including plan account benefits, if the participant:

   1. (A) Fails to meet the termination of employment requirement of § 24-7-701; and

   2. (B) Has not reached normal retirement age.

3. (3) A plan participant becomes eligible again for retirement benefits, including plan account benefits, when the termination requirements are met.

(b)

1. (1) When the member’s participation in the plan ceases, the member may elect to:

   1. (A) Receive the balance in the plan account as a lump sum;

   2. (B) Annuitize the plan account as a monthly benefit paid under the annuity option selected by the member; or

   3. (C) Receive a part of the balance in the plan account as a lump sum and annuitize the remaining balance.

2. (2) A member who selects the option under subdivision (b)(1)(C) of this section may receive his or her account distribution as follows:

   1. (A) Seventy-five percent (75%) in a lump-sum payment and twenty-five percent (25%) annuitized;

   2. (B) Fifty percent (50%) in a lump-sum payment and the remaining fifty percent (50%) annuitized; or

   3. (C) Twenty-five percent (25%) in a lump-sum payment and seventy-five percent (75%) annuitized.

3. (3) The Board of Trustees of the Arkansas Teacher Retirement System shall:

   1. (A) Determine factors to be used for the conversion of plan balances to monthly amounts;

   2. (B) Set requirements for the member’s election under this subsection; and

   3. (C) Modify the options under subdivision (b)(1) of this section by rule as necessary.

(c) When the member’s participation in the plan ceases, the board shall cause the member’s plan benefit to be paid directly to the member in the form of regular monthly amounts in the same amount and manner as would have been the case if the member had retired on the plan date and had made the same election under § 24-7-706 that was made on or before the plan date.

(d)

1. (1) A member who fails to meet the termination requirements and receives retirement benefits shall repay any benefits received before becoming eligible again for voluntary retirement.

2. (2) If the member becomes eligible to receive the plan account distribution before the system collects it back from the member, the system may charge interest on the distribution for the time the member was ineligible to receive the distribution.

(e) The system may offset, adjust, or otherwise collect any benefits overpaid to a member under this subchapter.