38-797. Definitions In this article, unless the context otherwise requires: 1. " ASRS" means the Arizona state retirement system established by article 2 of this chapter. 2. " Assets" means the accumulated resources of the LTD program. 3. " Board" means the ASRS board established pursuant to section 38-713. 4. " Compensation" has the same […]
38-797.01. LTD program A. A long-term disability program is established. B. The program is known as the LTD program.
38-797.02. LTD trust fund A. The LTD trust fund is established for the purpose of paying benefits under and costs of administering the LTD program. B. The LTD trust fund consists of all monies paid into it in accordance with this article, whether in the form of cash, securities or other assets, and all monies […]
38-797.03. ASRS board; personnel; duties; hearing or review; executive session A. The board shall administer the LTD program. ASRS officers, contractors and personnel shall perform the duties prescribed by this article. B. The board may determine the rights, benefits or obligations of any person under this article and afford any person dissatisfied with a determination […]
38-797.04. Eligibility All members are subject to this article and shall participate in the LTD program.
38-797.05. Employer and member contributions A. Beginning July 1, 2011, employers shall contribute the percentage of the compensation of all of the members under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all benefits under and costs of administering the LTD program. […]
38-797.06. Contribution rate; annual report A. The board shall select an actuary to determine required employer contributions on an annual basis. The actuary shall be a fellow of the society of actuaries. B. Employer contributions shall be a percentage of compensation of all employees of the employers who meet the eligibility requirements of article 2 […]
38-797.07. LTD program benefits; limitations; definitions A. The LTD program is subject to the following limitations: 1. Except as provided in paragraph 9 of this subsection, monthly LTD program benefits shall not exceed two-thirds of a member’s monthly compensation, reduced by: (a) For a member whose disability commences before July 1, 2008, sixty-four percent of […]
38-797.08. Errors; benefit recomputation If any change or error in the records results in any member receiving from the LTD program more or less than the member would have been entitled to receive if the records had been correct, the board shall correct the error and shall adjust the payments in a manner so that […]
38-797.10. Assurances and liabilities A. Nothing contained in this article shall be construed as: 1. A contract of employment between an employer and any employee. 2. A right of any member to continue in the employment of an employer. 3. A limitation of the rights of an employer to discharge any of its employees, with […]
38-797.11. Exemptions from execution, attachment and taxation; exception A. The benefits, the employer and member contributions and the securities in the LTD trust fund established by section 38-797.02 are not subject to execution or attachment and are nonassignable except as specifically provided in this article or article 2 of this chapter. The employer and member […]
38-797.12. Violation; classification A person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the LTD program with an intent to defraud the LTD program is guilty of a class 6 felony.
38-797.13. Reservation to legislature The right to modify, amend or repeal this article, or any provisions of this article, is reserved to the legislature.
38-797.14. Liquidation of LTD program If the legislature determines that the LTD program is no longer to be operated for the purposes set forth in this article, any monies remaining in the LTD trust after paying all liabilities of the trust or after making adequate provision for paying those liabilities revert to the general funds […]
38-797.15. Interest paid to members and employers ASRS may not pay interest on any amount paid to a member, an alternate payee or an employer pursuant to this article unless specifically authorized by this article.
