Classification of members

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Except as otherwise specifically provided in this subchapter, all employees of the State of Arkansas or any of its political subdivisions who are members or become members of a state retirement system shall be members of the retirement system indicated in this section as follows:

  1. (1) All eligible employees of the Arkansas Department of Transportation shall be members of the Arkansas State Highway Employees' Retirement System;

  2. (2) All eligible employees of the Division of Arkansas State Police shall be members of the State Police Retirement System;

  3. (3) The following persons shall be members of the Arkansas Teacher Retirement System:

    1. (A) Any person employed by a school for the purpose of giving instruction and whose employment requires state certification;

    2. (B) Any other person employed by a school in a regular or special position;

    3. (C) Any person employed by any of the following organizations or agencies:

      1. (i) Arkansas School for the Blind;

      2. (ii) Arkansas School for the Deaf;

      3. (iii) Arkansas Activities Association;

      4. (iv) A local school board;

      5. (v) State Board of Education;

      6. (vi) Regional education service cooperatives; and

      7. (vii) Arkansas Teacher Retirement System;

    4. (D) Any person employed in a position requiring professional training or certification with an area vocational-technical school or employed by the Arkansas Educational Television Commission, except that employees of area vocational-technical schools and the Division of Career and Technical Education, the Adult Education Section, and the Office of Skills Development, who have elected to participate in an alternate retirement plan established by §§ 24-7-901 and 24-7-903 — 24-7-908 shall be active members of the alternate retirement plan; and

    5. (E)

      1. (i) Any person employed in a position requiring professional training or certification with Arkansas Rehabilitation Services, the Division of State Services for the Blind, or the Division of Youth Services except those employees who have elected coverage under § 24-4-101 et seq.

      2. (ii) Membership of employees of Arkansas Rehabilitation Services and the Division of State Services for the Blind shall be subject to the following conditions:

        1. (a) Those employees who were employed before January 1, 1985, and who were members of the Arkansas Teacher Retirement System on that date shall continue to be members of the Arkansas Teacher Retirement System, except that in the event the time limit for those employees to change to the noncontributory plan of the Arkansas Public Employees' Retirement System under § 24-4-522 is extended beyond January 1, 1985, those employees shall have the maximum time allowed by law to elect to make the change;

        2. (b) Those employees who were employed before January 1, 1985, and who are members of the noncontributory plan of the Arkansas Public Employees' Retirement System on that date shall continue to be members of the Arkansas Public Employees' Retirement System; and

        3. (c) Persons whose initial employment by either Arkansas Rehabilitation Services or the Division of State Services for the Blind is on or after January 1, 1985, shall be members of the noncontributory plan of the Arkansas Public Employees' Retirement System; and

  4. (4) All eligible employees of the State of Arkansas or any of its political subdivisions except those who are members of another legally established state retirement plan shall be members of the Arkansas Public Employees' Retirement System.


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