Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/31/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 151
4
5 By: Senators M. Johnson, C. Tucker
6 By: Representatives Andrews, Rye
7
8 For An Act To Be Entitled
9 AN ACT TO THE AMEND LAW CONCERNING RETIREMENT
10 BENEFITS; TO PROHIBIT COLLECTION OF BENEFITS BY
11 MEMBERS, RETIRANTS, OR BENEFICIARIES OF RETIREMENT
12 SYSTEMS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES;
13 AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO AMEND LAW CONCERNING RETIREMENT
18 BENEFITS; AND TO PROHIBIT COLLECTION OF
19 BENEFITS BY MEMBERS, RETIRANTS, OR
20 BENEFICIARIES OF RETIREMENT SYSTEMS WHO
21 HAVE BEEN CONVICTED OF CERTAIN OFFENSES.
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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25 SECTION 1. Arkansas Code � 24-1-301, concerning the definitions used
26 in the forfeiture of retirement benefits, is amended to add additional
27 subdivisions to read as follows:
28 (3)(A) "Benefit" means a monthly payment made to a retirant or
29 the beneficiary of a member or retirant by a retirement system.
30 (B) "Benefit" does not include employee contributions to a
31 retirement system;
32 (4) "Member" means a person who is included in the membership of
33 a retirement system;
34 (5)(A) "Public office" means an office created by or under the
35 authority of the laws of the State of Arkansas or a subdivision thereof that
36 is filled by a person who is elected by the voters of the State of Arkansas.
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As Engrossed: S3/31/25 SB151
1 (B) "Public office" does not include an office created by
2 or under the authority of any federal law;
3 (6) "Public trust crime" means a crime prohibited under Arkansas
4 Constitution, Article 5, � 9; and
5 (7) "Retirant" means a member who retires with a benefit payable
6 from funds of a retirement system.
7
8 SECTION 2. Arkansas Code � 24-1-302 is amended to read as follows:
9 24-1-302. Forfeiture of benefits.
10 (a)(1) A member or retirant forfeits his or her right to benefit
11 payments under a retirement system if he or she pleads guilty or nolo
12 contendere to or is found guilty of a public trust crime while holding public
13 office in this state.
14 (2) A beneficiary forfeits his or her right to benefit payments
15 under a retirement system if he or she:
16 (A) Is convicted by a court of competent jurisdiction of
17 the unlawful killing of the member or retirant Pleads guilty or nolo
18 contendere to or is found guilty of the unlawful killing of a member or
19 retirant; or
20 (B) Pleads guilty or nolo contendere to the unlawful
21 killing of the member or retirant Pleads guilty or nolo contendere to or is
22 found guilty of a public trust crime while holding public office in this
23 state, unless he or she is participating in a retirement system defined under
24 � 24-1-301(2)(F);
25 (C) Is found liable by a court of competent jurisdiction
26 for the unlawful killing of the member or retirant by a preponderance of the
27 evidence in a civil action;
28 (D) Is acquitted by a court of competent jurisdiction for
29 the unlawful killing of the member or retirant by reason of insanity, mental
30 defect or disease, or any other mental incapacity; or
31 (E) Is found by a court of competent jurisdiction to lack
32 the capacity to understand or effectively assist in defending a criminal
33 proceeding against him or her for the unlawful killing of the member or
34 retirant.
35 (2)(3)(A) If a retirement system finds that a member, retirant,
36 or beneficiary has forfeited his or her right to benefit payments from the
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1 retirement system under subdivision (a)(1) subsection (a) of this section,
2 the retirement system shall treat the beneficiary as if he or she is
3 deceased:
4 (i) and shall not Not make benefit payments to the
5 member, retirant, or beneficiary.; and
6 (ii) Refund the employee contributions accumulated
7 with interest as defined by the retirement system that were made by the
8 member or retirant to the retirement system to:
9 (a) The member or retirant; or
10 (b) If deceased, the estate of the member or
11 retirant if the member or retirant does not have a contingent beneficiary who
12 may receive benefit payments under this section.
13 (B) If a retirant is already receiving benefits, then his
14 or her employee contributions, less benefits received by the retirant through
15 the retirement system, shall be refunded to him or her in full.
16 (4)(A) A retirement system may make the refund of employee
17 contributions accumulated with interest as defined by the retirement system
18 to a member or retirant by a:
19 (i) Lump-sum payment to the member or retirant; or
20 (ii) Series of monthly payments to the member or
21 retirant in amounts equal to the amount the individual paid in to the
22 retirement system with an interest rate as defined by the retirement system.
23 (B) A retirement system shall make the refund of employee
24 contributions to the estate of a member or retirant by a lump-sum payment to
25 the estate of the member or retirant.
26 (C) Payments made under subdivision (a)(4)(A) of this
27 section shall cease when the member or retirant is fully reimbursed for his
28 or her employee contributions paid in to the retirement system with an
29 interest rate as defined by the retirement system.
30 (b)(1) If a member, retirant, or beneficiary appeals his or her
31 conviction for an offense described under subdivision (a)(1) subdivision
32 (a)(1) or (a)(2) of this section, benefit payments shall not be paid to the
33 member, retirant, or beneficiary unless the appeal results in a reversal of
34 the conviction.
35 (2)(A) If the conviction of a member, retirant, or beneficiary
36 for an offense described under subdivision (a)(1) subdivision (a)(1) or
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As Engrossed: S3/31/25 SB151
1 (a)(2) of this section is reversed, the retirement system may make benefit
2 payments to the member, retirant, or beneficiary upon repayment of
3 accumulated contributions with interest to the system.
4 (B) If the conviction of a member, retirant, or
5 beneficiary for an offense described under subdivision (a)(1) subdivision
6 (a)(1) or (a)(2) of this section is affirmed, the retirement system shall not
7 make benefit payments to the member, retirant, or beneficiary.
8 (c) If a member or retirant does not have a contingent beneficiary who
9 may receive benefit payments under this section, the member or retirant's
10 contributions to the retirement system shall be refunded to the estate of the
11 member or retirant.
12
13 SECTION 3. DO NOT CODIFY. Legislative intent.
14 It is the intent of the General Assembly that this act not be construed
15 to apply retroactively to a vested member or retirant of a retirement system,
16 and shall only apply to a member whose rights have not yet vested in the
17 system as of the effective date of this act.
18
19 /s/M. Johnson
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4 03-31-2025 11:05:56 LJH110Every fact on this page links to its source, starting with the official bill record.