A. An
Eligible Member who meets the requirements under A.R.S. §
38-745
()D shall receive up to 60 months of Service Credit, not to exceed 5 years of
Service Credit for Military Call-up Service under A.R.S. §
38-745
( (D) through (K). In order to determine the amount of contributions the
Employer owes to purchase Service Credit for Military Call-up Service, the
Eligible Member's Employer shall provide to the ASRS a copy of the Eligible
Member's Military Service Record and a completed Military Call-up form that
includes the following:
1. The Eligible
Member's full name;
2. The Eligible
Member's Social Security number;
3.
The start date of Military Call-up Service;
4. The end date of Military Call-up Service;
5.
Whether the member received paid leave while on
Presidential Call-up;
6.
5. The date the
Eligible Member returned to work for the Employer;
7.
6. The salary for each
pay period in each fiscal year while the Eligible Member was on military
call-up, including any salary increases the Eligible Member would have received
had the Eligible Member not left work due to military call-up;
8. The ASRS employer's name and
address;
9.
7. The name of a
contact individual for the Employer, and that individual's business telephone
number;
10.
8. The contact individual's dated signature;
11.
9. If
applicable, the
a. dates that the
Eligible Member was hospitalized and released from the hospital as a result of
participating in a military call-up.
b.
The date that the member was hospitalized for one
year for injuries sustained as a result of participating in a Presidential
Call-up; and
10. If
applicable, the date the Eligible Member became disabled during or as a result
of participating in a military call-up;
11. If applicable, the date of the Eligible
Member's death during or as a result of participating in a military call-up;
and
12. Acknowledgement of the
following statements of understanding:
a. All
the dates and payroll information for the Military Call-up Service are
correct;
b. The Eligible Member:
i. Was honorably separated from Active Duty
and returned to the same Employer within 90 days of either discharge from
Active Duty or release from service-related hospitalization; or
ii. Was disabled and unable to return to
work; or
iii. Died during or as a
result of Active Duty.
c.
The Employer must pay both the employee and Employer contributions in a lump
sum upon the Eligible Member returning to employment, receipt of a declaration
of disability, or receipt of a death certificate. These contributions are based
on the salary the Eligible Member would have earned if the Eligible Member had
not volunteered or been ordered into Active Duty;
d. The Eligible Member may receive a maximum
of 60 months of Service Credit for Military Call-up Service pursuant to A.R.S.
§
38-745;
and
e. The contact individual has
the legal power to bind the Employer in transactions with the ASRS.
12. A copy of the member's death
certificate, if applicable.
B. An Employer shall make the request to
purchase Service Credit for Military Call-up Service within 30 days after the
earlier of the dates listed in A.R.S. §
38-745(E).
C. The ASRS calculates the amount the
Employer pays to purchase Military Call-up Service pursuant to A.R.S. §
38-745(G) by multiplying the Eligible Member's salary
per pay period at the time Active Duty commences, by the contribution rate in
effect for the period of Active Duty. Included in the calculation are any
salary increases the Eligible Member would have received if the Eligible Member
had not left work to participate in a military call-up.
D. The ASRS shall send the Employer a
statement of cost for purchase of the Service Credit for Military Call-up
Service based on the calculation in subsection (C). Within 90 days from the
date on the ASRS statement of cost, the Employer shall pay to the ASRS the
amount on the statement. If the Employer fails to make full payment within 90
days, interest shall accrue on the unpaid balance at the Assumed Actuarial
Investment Earnings Rate in effect on the date of the statement of cost as
specified in
R2-8-118(A) .
The ASRS may collect the unpaid balance plus interest pursuant to A.R.S. §
38-735(C).
E. If an Employer remits retirement or
long-term disability contributions on behalf of an Eligible Member while the
Eligible Member is on military call-up, the Employer shall reverse the
contributions after the ASRS receives the information in subsection
(A).
F. If an Employer remits
retirement contributions on behalf of an Eligible Member while the Eligible
Member is on military call-up, and the Eligible Member does not return to the
Employer after separation from active Military Service, the ASRS shall apply
the retirement contributions to the Eligible Member's credited
service.
Notes
Ariz. Admin. Code §
R2-8-510
New Section made by
final rulemaking at 11 A.A.R. 2640, effective June 30, 2005 (Supp. 05-2).
Amended by final rulemaking at 12 A.A.R. 4667, effective December 5, 2006
(Supp. 06-4). Amended by final rulemaking at
25
A.A.R. 303, effective 3/18/2019.