38-846.04. Reinstatement of credited service; effect of prior law
242 words·~1 min read·
/az/title-38/38-846-04A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A member who received a severance refund on termination of employment as provided in section 38-846.02, who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-849 or a member who redeems prior service pursuant to statute is subject to the benefits and duties in effect at the following times for the specified situations:
1. At the time of the member's reemployment if the member is reemployed by an employer other than the same employer.
2. At the time of the member's reemployment if the member is reemployed by the same employer at least ninety days after the date of termination.
3. At the time of the member's most recent termination if the member is reemployed by the same employer in any capacity within ninety days after the date of termination.
B. Subsection A of this section does not apply if a court of competent jurisdiction orders reinstatement of benefits and duties under a prior law.
C. If a member was initially employed on or after July 1, 2017, regardless of whether the member received a severance refund or redeposits the amount withdrawn with interest, the member shall return to the system as irrevocably elected pursuant to section 38-842.01.
D. A member who transfers credited service from one employer to another employer pursuant to section 38-853 retains the benefits and duties in effect at the time of the member's transfer.