Ariz. Admin. Code § R6-3-1808 - Payment on Account of Retirement
A. Pension Defined. Pension, as used in
A.R.S. §§
23-791
and
23-624,
does not include survivor's benefit payments or other periodic payment which
bears no direct relationship to the level of prior remuneration or the length
of past employment of the claimant.
B. Weekly Deduction.
1. The Department shall determine the amount
of pension attributed to a week by dividing the pension recipient's monthly
pension by 4.333 and rounding the result to the lowest dollar.
2. When the recipient contributed at least
45% of the amount for the pension, the Department shall determine the
deductible amount by multiplying the weekly pension by .45 and rounding the
result to the lowest dollar.
C. Effective Date. The effective date of a
reduction in benefits required by A.R.S. §
23-791(A)
begins with the 1st week in which either of
the following occurs:
1. The recipient
receives a pension payment; or
2.
The recipient receives a determination or official notification from the
pension source that provides the effective date and the amount of the pension
payment and the payment will be made for the week in question.
D. Retroactive Payments.
1. An overpayment shall not result from
retroactive pension payments for weeks prior to receipt of official
notification, nor shall an overpayment result from any retroactive
recomputation of the pension payment, unless the recipient fails to disclose
the recomputation.
2. The
Department shall not pay retroactive benefits previously denied due to the
claimant's receipt of a pension payment that was made in error and must be
repaid.
E. Lump-sum
Payments. The Department shall:
1. Allocate a
pension received in 1 lump-sum payment to the week in which the payment is
received;
2. Treat a yearly
lump-sum pension payment as a periodic payment and allocate the payment over 52
weeks;
3. Disregard a lump-sum or
yearly lump-sum payment that is rolled over into a non-taxable retirement plan
in accordance with provisions of the Internal Revenue Code; and
4. Disregard a lump-sum payment or other type
payoff made because of a separation occurring before the time the recipient
meets the length of service terms and age requirement established by the
pension plan even if the payment includes pension funds.
Notes
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