38-755. Member's account information; beneficiary designation; spousal consent; confidentiality; exception

436 words·~2 min read·/az/title-38/38-755

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. ASRS shall make information concerning a member's account accessible to the member in written or electronic form. This information shall include the member's current account balance, contact information, beneficiary election, estimated retirement date and estimated benefit amount.

B. The member may change the member's beneficiary at any time in a manner established by ASRS.

C. A member who is married shall name and maintain the member's current spouse as a beneficiary to receive at least fifty percent of the member's account, unless naming or maintaining the current spouse as a beneficiary violates another law, an existing contract or a court order. The member's current spouse may consent to a waiver of this requirement pursuant to section 38-776.

D. Except as provided in subsection F of this section, in order to protect a member's identity from fraud, abuse, theft or civil or criminal activity, information about a member is not subject to inspection pursuant to title 39, chapter 1, article 2, except that the following information about a member is subject to inspection:

1. The member's name.

2. Whether the member is an active member as defined in section 38-711, an inactive member as defined in section 38-711 or a retired member as defined in section 38-711.

3. The member's current or most recent employer.

4. For a retired member, the average monthly compensation, as defined in section 38-711, used to calculate the member's retirement benefit.

5. The credited service as defined in section 38-711 on account for an active or inactive member or the credited service used to calculate the retirement benefit for a retired member.

6. The gross pension amount actually paid to a retired member.

7. The most recent retirement date.

8. The current account balance for an active or inactive member.

9. The gross long-term disability program benefit actually paid to a member with a disability pursuant to article 2.1 of this chapter.

10. The amount paid to purchase credited service pursuant to section 38-743, 38-744 or 38-745.

11. The amount of credited service purchased pursuant to section 38-743, 38-744 or 38-745.

E. ASRS shall not permit any unredacted record to be inspected that contains a member's social security number, bank account information, address, telephone number, email address, medical records, health insurance information, beneficiary or survivor information or disability information or any information that is protected by any federal or state law.

F. ASRS may provide the value of the member's benefit to a member's current or former spouse on receipt of proof of service of a petition for annulment, dissolution of marriage or legal separation for the purposes of section 38-773.