§ 24-11-203 — Arkansas Fire and Police Pension Review Board

(a) The purpose of this section, which creates and establishes the Arkansas Fire and Police Pension Review Board, is to establish a state pension review board for all municipal firemen's relief and pension funds and policemen's pension and relief funds established under §§ 14-52-106 , 24-11-401 - 24-11-403 , 24-11-405 - 24-11-413 , 24-11-416 , 24-11-417 , 24-11-422 , 24-11-423 , 24-11-425 , 24-11-428 - 24-11-430 , 24-11-801 - 24-11-807 , 24-11-809 , 24-11-813 - 24-11-815 , and 24-11-818 - 24-11-820 , which shall oversee all requests for benefit increases and review the annual financial reports and annual actuarial valuations required by this subchapter. (b) (1) The Arkansas Fire and Police Pension Review Board shall be composed of nine (9) persons as follows: (A) Two (2) firefighters, an active member, retired member, or a deferred retirement option plan participant, one (1) of whom shall be appointed by the Governor after consulting the Arkansas State Firefighters Association and the other after consulting the Arkansas Professional Fire Fighters Association and subject to confirmation by the Senate; (B) Two (2) police officers, an active member, retired member, or a deferred retirement option plan participant, to be appointed by the Governor after consulting the Arkansas Municipal Police Association and the Fraternal Order of Police and subject to confirmation by the Senate; (C) Three (3) persons to be appointed by the Governor after consulting the Arkansas Municipal League and subject to confirmation by the Senate; (D) One (1) person who is not a member, retirant, or beneficiary of the Arkansas Local Police and Fire Retirement System and who is not a current or former member of the governing body of any political subdivision, to be appointed by the Governor from a list of persons submitted to the Governor by the Joint Committee on Public Retirement and Social Security Programs; and (E) The Secretary of the Department of Finance and Administration or the secretary's designee. (2) The Arkansas Fire and Police Pension Review Board shall elect one (1) of its members as chair. (c) Members of the Arkansas Fire and Police Pension Review Board who are appointed as employee members must be active members, retired firefighters or police officers, or deferred retirement option plan participants of local firemen's relief and pension funds and policemen's pension and relief funds established under §§ 14-52-106 , 24-11-401 - 24-11-403 , 24-11-405 - 24-11-413 , 24-11-416 , 24-11-417 , 24-11-422 , 24-11-423 , 24-11-425 , 24-11-428 - 24-11-430 , 24-11-801 - 24-11-807 , 24-11-809 , 24-11-813 - 24-11-815 , and 24-11-818 - 24-11-820 . (d) (1) Members of the Arkansas Fire and Police Pension Review Board who are appointed as employer members shall be elected or appointed officials of municipalities or fire protection districts with established firemen's relief and pension funds or policemen's pension and relief funds. (2) However, employer members shall not be from the same municipality or fire protection district. (e) (1) The normal term of office shall be four (4) years from January 1 next following the appointment. (2) Each member of the Arkansas Fire and Police Pension Review Board shall continue to serve until a successor has been appointed and has qualified. (f) (1) In the event any employee member of the Arkansas Fire and Police Pension Review Board ceases to be an active or retired member or a deferred retirement option plan participant of a local pension fund, or any employer member of the Arkansas Fire and Police Pension Review Board ceases to be an appointed or elected official of an employer or becomes a member of a local pension fund, or if the citizen member of the Arkansas Fire and Police Pension Review Board becomes a member of a local pension fund or an elected or appointed official of an employer, or if any board member fails to attend three (3) consecutive meetings of the board, unless in each case excused for cause by the remaining board members attending the meeting or meetings, the member shall be considered as having resigned from the board, and the board shall declare by resolution the office of that member vacated. (2) If a vacancy occurs in the office of a member, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (3) From the time a vacancy in the office of a member occurs and the board has begun the steps to see that the vacancy will be filled and before the time the vacancy is filled, the members in office may elect a person by majority vote to fill temporarily the vacancy for the interim period, but in no event for a period longer than one (1) year. (g) (1) The executive director and staff of the Arkansas Local Police and Fire Retirement System shall serve as executive director and staff for the Arkansas Fire and Police Pension Review Board. (2) (A) The Arkansas Fire and Police Pension Review Board or its designated members may meet in executive session with the Board of Trustees of the Arkansas Local Police and Fire Retirement System or its designated members for the purposes stated in and subject to the provisions of § 25-19-106(c) concerning the boards' executive director, staff, or persons being considered for any of those positions. (B) (i) When applicable, records created by or at the instruction of the Arkansas Fire and Police Pension Review Board concerning the boards' executive director or staff shall be considered personnel records or job evaluation or performance records for purposes of and subject to the provisions of § 25-19-105(b)(12) and § 25-19-105(c) . (ii) The records in subdivision (g)(2)(B)(i) of this section may be made available to the Arkansas Fire and Police Pension Review Board or its designated members and the boards' executive director. (h) (1) The board shall be responsible for reviewing and approving at least one (1) time annually all actions taken by the staff in regard to benefit increase requests and administration of the disclosure and reporting requirements under this subchapter. (2) All benefit increase determinations shall be made in compliance with the provisions of §§ 24-11-101 - 24-11-103 . (i) (1) The board shall have the power to make all rules necessary to enforce the laws governing funding standards and benefit levels for firemen's relief and pension fund and police pension and relief funds. Further, the board shall have the authority to make all rules necessary to assure continued tax qualification of each firemen's relief and pension fund and policemen's pension and relief fund that is subject to this subchapter. (2) All rules must be promulgated in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. In addition, all rules relating to continued tax qualification of such plans shall be specifically presented to the Joint Committee on Public Retirement and Social Security Programs, or the Legislative Council when the General Assembly is not in session, for review prior to final adoption. (j) (1) Expenses incurred by the board for performing annual actuarial valuations and for all other administrative services to local pension funds shall be paid from the revenues derived from premium taxes levied by the state on insurers for the support of fire and police retirement programs. (2) The board shall report its administrative and actuarial expenses budgeted for the current year to the Department of Finance and Administration by or on April 30 of each year. (3) The board shall establish a portion of the insurance tax revenues to use to meet its proper administrative expenses each year, but the board shall not be entitled to more than one percent (1%) of the insurance tax revenues. (4) Each member of the board may receive expense reimbursement and stipends under § 25-16-901 et seq. (k) (1) On or before June 15 of each fiscal year, the Arkansas Fire and Police Pension Review Board shall certify to the Chief Fiscal Officer of the State the amount of funding it recommends for disbursement in the ensuing fiscal year to underfunded municipal fire and police relief and pension plans as defined in § 24-11-217 . (2) After receiving the certification required under subdivision (k)(1) of this section, the Chief Fiscal Officer of the State shall immediately transfer on his or her books and the books of the Treasurer of State the lesser of the total amount recommended by the Arkansas Fire and Police Pension Review Board or the amount appropriated by the General Assembly for the ensuing fiscal year from the Revenue Holding Fund Account to the Firemen's and Police Officers' Pension and Relief Fund for distribution to the recommended underfunded plans.

Legislative History

Amended by Act 2023, No. 796,§ 60, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2898, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3561, eff. 7/1/2019. Amended by Act 2015, No. 1165,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1100,§ 59, eff. 7/22/2015. Amended by Act 2013, No. 41,§ 3, eff. 2/6/2013. Acts 1983, No. 381, §§ 1, 2; 1985, No. 383, § 2; 1985, No. 992, § 2; A.S.A. 1947, §§ 19-5706, 19-5707; Acts 1987, No. 142, § 1; 1995, No. 132, § 1; 1995, No. 1266, § 1; 1997, No. 250, § 234; 1999, No. 543, § 1; 1999, No. 670, § 1; 2001, No. 1542, § 1; 2005, No. 161, § 1; 2007, No. 73, § 1.