There is a newer version of the Arizona Revised Statutes
2011 Arizona Revised Statutes
Title 38 Public Officers and Employees
Chapter 1 GENERAL PROVISIONSArticle 1 DefinitionsChapter 2 QUALIFICATION AND TENUREArticle 1 QualificationsArticle 2 Nomination and Confirmation of Appointive OfficersArticle 3 Commission of OfficeArticle 4 Oath of Office- 38-231 Officers and employees required to take loyalty oath; form; classification; definition
- 38-232 Time of oath
- 38-233 Filing oaths of record
- 38-234 Usurpation of office; classification
- 38-251 State officers and employees blanket bond; amount; approval
- 38-253 Approval of bond; filing
- 38-254 Bond premiums as public charge
- 38-255 Recording of bond; copies
- 38-256 Form of official bonds
- 38-257 Justification of sureties; officers ineligible as sureties
- 38-258 Limitation of liability by sureties
- 38-259 Extent of liability
- 38-260 Beneficiaries of bond
- 38-261 Successive recoveries
- 38-262 Defects in form, approval or filing of bond
- 38-263 Additional bond; failure to file
- 38-264 Additional bond; terms
- 38-265 Liability on original and additional bonds
- 38-266 Judgment on original and additional bonds; contribution of sureties
- 38-267 Discharge of sureties
- 38-268 Bonds of persons appointed to fill vacancies
- 38-269 Withdrawal of surety; effect on remaining sureties
- 38-270 Supplemental bond upon withdrawal of surety; exception
- 38-271 Effect of withdrawal on liability of surety
- 38-272 Affidavit of plaintiff in action to recover on bond that defendant owns real property; notice to recorder
- 38-273 Recording notice of ownership of real property; lien of judgment
- 38-291 Vacancy defined
- 38-292 Notice of vacancy in office
- 38-293 Effect of conviction of officer
- 38-294 Resignations
- 38-295 Term of office; discharge of official duties after expiration of term; appointment to fill unexpired term
- 38-296 Limitation upon filing for election by incumbent of elective office
- 38-296.01 Limitation on running for multiple offices
- 38-297 Temporary vacancy resulting from military service; appointive officers and employees
- 38-298 Restoration to position following military service
- 38-299 Effect of expiration of term prior to separation from military service
- 38-300 Temporary vacancy resulting from military service; elective office
- 38-311 Officers subject to impeachment
- 38-312 Articles of impeachment
- 38-313 Impeachment hearing; service on accused
- 38-314 Court of impeachment; organization
- 38-315 Witness fees; execution of process
- 38-316 Absence of senator from hearing
- 38-317 Compensation of impeachment personnel
- 38-318 Expenses of impeachment proceedings
- 38-319 Vacancy in board of managers
- 38-320 Appearance of accused; plea
- 38-321 Judgment
- 38-322 Performance of official duties by accused
- 38-341 Accusation by grand jury
- 38-342 Service on accused; appearance and plea
- 38-343 Trial; judgment
- 38-344 Procedure upon accusation of county attorney
- 38-345 Right of appeal; suspension from office pending appeal
- 38-361 Powers and duties of successor in office
- 38-362 Delivery of property and records to successor
- 38-363 Withholding or destruction of records or property of office by former officer; classification
- 38-364 Summary proceedings to obtain property and records of office
- 38-381 Declaration of policy
- 38-382 Definitions
- 38-383 Unavailability of governor; appointment of temporary successor
- 38-384 Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor
- 38-385 Convening legislating bodies in event of an attack
- 38-386 Quorum and vote requirements of state and local legislating bodies
- 38-411 Record of fees; inspection of fee book
- 38-412 Posting schedule of fees
- 38-413 Charging excessive fees; classification
- 38-414 Collection of fees; failure to report amount collected; classification
- 38-421 Stealing, destroying, altering or secreting public record; classification
- 38-422 Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification
- 38-423 Making or giving false certificate; classification
- 38-424 Use of tape recorders or other recording devices; exception
- 38-431 Definitions
- 38-431.01 Meetings shall be open to the public
- 38-431.02 Notice of meetings
- 38-431.03 Executive sessions
- 38-431.04 Writ of mandamus
- 38-431.05 Meeting held in violation of article; business transacted null and void; ratification
- 38-431.06 Investigations; written investigative demands
- 38-431.07 Violations; enforcement; removal from office; in camera review
- 38-431.08 Exceptions; limitation
- 38-431.09 Declaration of public policy
- 38-441 Discharge of duties of another office; attestation
- 38-442 Persons acting as public officers without qualifying; classification; effect of acts
- 38-443 Nonfeasance in public office; classification
- 38-444 Asking or receiving illegal gratuity or reward; classification
- 38-445 Using pass or obtaining special rates for transportation; classification; exception
- 38-446 Acts based on written opinions; immunity
- 38-447 Violation of prohibition against acquisition of certain interests by public officers; classification
- 38-448 State employees; access to internet pornography prohibited; cause for dismissal; definitions
- 38-449 Display of POW/MIA flag
- 38-461 Appointment and recording of appointment
- 38-462 Powers and duties of deputies
- 38-463 Liability of officer on bond for acts of deputies and assistants; bond of deputies and assistants; approval
- 38-464 Authorization for payment of salary; limitation
- 38-465 Purchase of appointment to office; classification
- 38-466 Sale of appointment to office; classification
- 38-491 Eligibility; age limit
- 38-492 Preferences
- 38-493 Effect of article
- 38-494 Violations; classification
- 38-501 Application of article
- 38-502 Definitions
- 38-503 Conflict of interest; exemptions; employment prohibition
- 38-504 Prohibited acts
- 38-505 Additional income prohibited for services
- 38-506 Remedies
- 38-507 Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee
- 38-508 Authority of public officers and employees to act
- 38-509 Filing of disclosures
- 38-510 Penalties
- 38-511 Cancellation of political subdivision and state contracts; definition
- 38-531 Definitions
- 38-532 Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty
- 38-533 Exemptions
- 38-534 Appropriate independent personnel boards
- 38-538 Designation of state and political subdivision motor vehicles; definition
- 38-538.01 State and political subdivision vehicles; patterns and insignias; violation; classification
- 38-538.02 Use of state motor vehicles; personal vehicle reimbursement
- 38-538.03 Exemptions
- 38-538.04 Violation; classification
- 38-541 Definitions
- 38-542 Duty to file financial disclosure statement; contents; exceptions
- 38-543 Duty to file financial disclosure statement by candidate for public office
- 38-544 Violation; classification
- 38-545 Local public officers financial disclosure
- 38-601 Effect of payment of legal salary
- 38-602 Limitation on action for salary; waiver of right to additional salary
- 38-606 Suspension of salary pending determination of contested title to office; exception
- 38-607 Recovery of payment to disqualified persons
- 38-608 Compensation or time off for legal holidays
- 38-609 Retention of salary of subordinate; classification
- 38-610 Leave of absence for certain federal training; definition
- 38-610.01 Leave of absence and compensation for officers and employees during active military service
- 38-610.02 Leave of absence and compensation for national disaster medical system employment
- 38-611 Compensation of certain state officers and employees
- 38-612 Administration of payroll salary deductions
- 38-613 State employee suggestion program awards; fund
- 38-614 Merit awards; county employees; merit award system board; special merit award fund
- 38-615 Payment for accumulated sick leave; requirements; limit; definition
- 38-616 Retiree accumulated sick leave fund; administration; contribution
- 38-617 County safety incentive awards
- 38-618 Performance based incentives program
- 38-619 Performance based incentives program oversight committee; definition
- 38-621 Persons eligible to receive travel expenses
- 38-622 Authorization for travel; claims
- 38-623 Means of travel; rates
- 38-624 Lodging expenses; meal and incidental expense reimbursement and long‑term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration
- 38-625 Receipts for transportation
- 38-626 Out‑of‑state travel; approval; exemptions
- 38-626.01 Authorization for certain out‑of‑state travel by state employees
- 38-627 Use of state equipment out of state
- 38-641 Definitions
- 38-642 Fire fighter and peace officer cancer insurance policy program
- 38-643 Fire fighter and peace officer cancer insurance policy program account
- 38-644 Eligibility
- 38-645 Coverage
- 38-651 Expenditure of monies for health and accident insurance; definition
- 38-651.01 Group health and accident coverage for retired public employees and elected officials and their dependents
- 38-651.02 Expenditure of funds for group life and group accidental death and dismemberment insurance; group life coverage for former elected officials
- 38-651.03 Expenditure of funds for disability income insurance
- 38-651.04 Procurement of insurance; combining of coverages
- 38-651.05 Flexible or cafeteria employee benefit plan; fund; exception
- 38-652 Experience rating dividends and unused claim reserves; deposit; trust account; investment of monies; disposition of trust account funds; audit; report
- 38-653 Rules and regulations
- 38-654 Special employee health insurance trust fund; purpose; investment of monies; use of monies; exemption from lapsing; annual report
- 38-656 Optional inclusion of city, town, county, special taxing district, authority, public entity and community college district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition
- 38-657 Long‑term care insurance
- 38-658 Report to joint legislative budget committee
- 38-701 Definitions
- 38-702 Federal‑state agreement
- 38-703 Plans for coverage of employees of eligible political subdivisions; payroll audits
- 38-704 Rule making powers of state agency
- 38-705 Studies and reports by state agency
- 38-706 Referenda and certification
- 38-711 Definitions
- 38-712 ASRS purpose; trust fund
- 38-713 ASRS board; qualifications; term; compensation
- 38-714 Powers and duties of ASRS and board
- 38-715 Director; powers and duties
- 38-717 Liability insurance and immunity for the board
- 38-718 Investment management; qualifications; term; removal; general powers and duties; confidentiality of proprietary information
- 38-719 Investment of monies; limitations
- 38-720 ASRS depository
- 38-721 Administration account
- 38-722 Abandoned monies; disposition
- 38-727 Eligibility; options
- 38-729 Political subdivision plans
- 38-730 Charter city or ASRS retirement service credits; transfers
- 38-735 Payment of contributions; recovery of delinquent payments
- 38-736 Member contributions
- 38-737 Employer contributions
- 38-738 Adjustment and refund
- 38-739 Credited service
- 38-740 Return of contributions
- 38-741 Reemployment of inactive member
- 38-742 Reinstatement
- 38-743 Public service credit
- 38-744 Leave of absence; credit for leave without pay
- 38-745 Credit for military service
- 38-746 Compensation limitation; adjustments
- 38-747 Purchase of credited service; payment; limitations; definitions
- 38-748 Employer payment for ineligible persons; definitions
- 38-749 Employer termination incentive program; employer payment of actuarial cost; definition
- 38-750 Transfers out of the system
- 38-755 Information as to member's status; spousal notification
- 38-756 Outreach education program
- 38-757 Normal retirement
- 38-758 Early retirement
- 38-759 Late retirement
- 38-760 Optional forms of retirement benefits
- 38-761 Level income alternative
- 38-762 Survivor benefits before retirement; definitions
- 38-763 Survivor benefits after retirement
- 38-764 Commencement of retirement; payment of retirement benefits; lump sum payments
- 38-765 Errors; benefit recomputation
- 38-766 Retired members; return to work; suspension of benefits; exceptions; maximum benefit
- 38-766.01 Retired members; return to work
- 38-766.02 Retired members; return to work; employer contribution payments; definitions
- 38-767 Benefit increases
- 38-768 Minimum retirement benefit
- 38-769 Maximum retirement benefits; termination; definitions
- 38-770 Eligible rollover distribution; definitions
- 38-771 Benefit options for transferred defined contribution program members; definitions
- 38-771.01 Alternative benefits for transferred defined contribution program members; definitions
- 38-772 Prior service under defined contribution program administered by ASRS; definitions
- 38-773 Benefit payments to alternate payee under acceptable domestic relations order; termination of marriage; revocation of beneficiary designation; definitions
- 38-774 Excess benefit arrangement
- 38-775 Required distributions; definitions
- 38-781 Supplemental employee deferral plan; public employees; administration; immunity; definitions
- 38-782 Group health and accident coverage for retired public employees and elected officials and their dependents
- 38-783 Retired members; dependents; health insurance; premium payment; separate account; definitions
- 38-791 Assurances and liabilities
- 38-792 Exemptions from execution, attachment and taxation; exception
- 38-793 Violation; classification
- 38-794 Reservation to legislature
- 38-797 Definitions
- 38-797.01 LTD program
- 38-797.02 LTD trust fund
- 38-797.03 ASRS board; personnel; duties; hearing or review; executive session
- 38-797.04 Eligibility
- 38-797.05 Employer and member contributions
- 38-797.06 Contribution rate; annual report
- 38-797.07 LTD program benefits; limitations; definitions
- 38-797.08 Errors; benefit recomputation
- 38-797.09 Facility of payment
- 38-797.10 Assurances and liabilities
- 38-797.11 Exemptions from execution, attachment and taxation; exception
- 38-797.12 Violation; classification
- 38-797.13 Reservation to legislature
- 38-797.14 Liquidation of LTD program
- 38-801 Definitions
- 38-802 Elected officials' retirement plan and fund; administration
- 38-803 Powers and duties of the board
- 38-803.01 Qualified governmental excess benefit arrangement; definitions
- 38-804 Membership; termination
- 38-804.01 Reinstatement of credited service; effect of prior law
- 38-805 Normal retirement and early retirement pensions
- 38-806 Disability retirement pensions
- 38-807 Survivor pensions
- 38-808 Pension payments; computation of amounts; termination
- 38-809 Correction of pension payment errors; assignments prohibited; civil liability; restitution or payment of fine; violation; classification; offset of benefits
- 38-810 Contributions
- 38-810.01 Internal revenue code qualification
- 38-810.02 Statutory construction
- 38-810.03 Compensation limitation; adjustments
- 38-810.04 Retired member; return to work; employer contributions
- 38-811 Taxation of benefits; exemption of contributions and securities
- 38-812 Maximum annual pension; limitations; definition
- 38-813 Availability of retired judges for certain legal services; compensation
- 38-814 Termination of plan
- 38-815 Joinder agreement
- 38-816 Redemption of prior service
- 38-817 Group health and accident coverage for retired members; payment
- 38-818 Benefit increases
- 38-818.01 Future benefit increases for retirees and survivors; applicability
- 38-818.02 Ad hoc increase in retirement benefits; analysis by the joint legislative budget committee
- 38-818.03 Transfers to the excess investment earning account prohibited
- 38-819 Lump sum payment of benefit increases
- 38-820 Credit for military service
- 38-821 Charter city retirement system service credits; transfers
- 38-822 Domestic relations orders; procedures; payments
- 38-841 Purpose; vested benefits
- 38-842 Definitions
- 38-843 Contributions
- 38-843.01 Internal revenue code section 414(h) pickup of member contributions
- 38-843.02 Internal revenue code qualification
- 38-843.03 Statutory construction
- 38-843.04 Compensation limitation; adjustments
- 38-843.05 Retired members; return to work; employer contributions
- 38-844 Requirements for retirement benefits and disability pensions
- 38-844.01 Vested rights to benefits
- 38-844.02 Deferred retirement option plan for employees hired before January 1, 2012; purpose
- 38-844.03 Eligibility; participation
- 38-844.04 Termination of deferred retirement option plan participation
- 38-844.05 Deferred retirement option benefits and participation accounts
- 38-844.06 Additional deferred retirement option plan provisions
- 38-844.07 Designation of deferred retirement option plan beneficiaries
- 38-844.08 Payment of deferred retirement option plan benefits
- 38-844.09 Internal revenue code compliance
- 38-845 Amount of retirement benefit; purchase of firearm
- 38-845.01 Maximum annual pension; limitations; definition
- 38-845.02 Payment of pension
- 38-846 Death benefits
- 38-846.01 Deferred annuity; exception
- 38-846.02 Termination of membership
- 38-846.03 Reinstatement of surviving spouse's pension
- 38-846.04 Reinstatement of credited service; effect of prior law
- 38-847 Local boards
- 38-848 Board of trustees; powers and duties; independent trust fund; administrator; agents and employees
- 38-848.01 Qualified governmental excess benefit arrangement; definitions
- 38-848.02 Board of trustees report on employer and employee costs
- 38-848.03 Appointed investment management
- 38-849 Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired or disabled member
- 38-850 Assurances and liabilities; board of trustee discretion; overpayments; underpayments
- 38-851 Participation of new employers
- 38-852 Taxation of benefits; exemption of contributions and securities
- 38-852.01 Benefits not to be reduced by social security payments
- 38-853 Transfer of credited service
- 38-853.01 Redemption of prior service
- 38-854 Guarantees from prior systems
- 38-855 Transfer outside the public safety personnel retirement system
- 38-856 Benefit increases
- 38-856.01 Lump sum payment of benefit increases
- 38-856.02 Future benefit increases for retirees and survivors; applicability
- 38-856.03 Ad hoc increase in retirement benefits; analysis by the joint legislative budget committee
- 38-856.04 Transfers to the excess investment earning account prohibited
- 38-857 Group health and accident coverage for retired members; payment
- 38-858 Credit for military service
- 38-859 Medical boards; purposes; composition; medical examinations
- 38-860 Domestic relations orders; procedures; payments
- 38-871 Annuity and deferred compensation governing committee; members; powers and duties
- 38-872 Voluntary participation; authorization
- 38-873 Payroll salary deductions; department of administration
- 38-874 Effect of participation
- 38-881 Definitions
- 38-882 Corrections officer retirement plan and fund; administration
- 38-883 Board of trustees; powers and duties
- 38-883.01 Qualified governmental excess benefit arrangement; definitions
- 38-884 Membership of retirement plan; termination; credited service; redemption
- 38-884.01 Reinstatement of credited service; effect of prior law
- 38-885 Normal retirement; conditions and pension
- 38-885.01 Reverse deferred retirement option plan; purpose; delayed repeal
- 38-886 Accidental disability retirement; total and permanent disability retirement; qualification; amount of pension; conditions for continued payment of pension
- 38-886.01 Ordinary disability retirement; qualifications; amount of pension; conditions for continued payment of pension; definition
- 38-887 Pension to surviving spouse of deceased retired member
- 38-888 Pension to the surviving spouse of a member
- 38-889 Guaranteed minimum aggregate payout
- 38-890 Pensions; commencement and duration
- 38-891 Employer and member contributions
- 38-891.01 Retired member; return to work; employer contributions
- 38-892 Internal revenue code section 414(h) pickup of member contributions
- 38-893 Local boards; powers and duties; rules; hearings; administrative review
- 38-894 Financial objective of the retirement plan; participating employer contributions
- 38-895 Maximum annual pension; limitations; definition
- 38-895.01 Compensation limitation; adjustments
- 38-896 Taxation of pensions; exemption for contributions
- 38-897 Assignments prohibited; liability of fund
- 38-898 Subrogation; right of setoff
- 38-899 Correction of errors
- 38-900 Internal revenue code qualification
- 38-900.01 Statutory construction
- 38-901 Transfers into or out of retirement plan
- 38-902 Joinder agreement
- 38-903 Reservation to the legislature
- 38-904 Death benefits; amount
- 38-905 Benefit increases
- 38-905.01 Lump sum payment of benefit increases
- 38-905.02 Future benefit increases for retirees and survivors; applicability
- 38-905.03 Ad hoc increase in retirement benefits; analysis by the joint legislative budget committee
- 38-905.04 Transfers to the excess investment earning account prohibited
- 38-906 Group health and accident coverage for retired members; payment
- 38-907 Credit for military service
- 38-908 Transfer of credited service
- 38-909 Redemption of prior service; calculation
- 38-910 Domestic relations orders; procedures; payments
- 38-911 Deferred annuity; eligibility; amount; exception
- 38-912 Civil liability; restitution or payment of fine; forfeiture of benefits; violation; classification; offset of benefits
- 38-921 Transfer of retirement service credits from one retirement system or plan to another retirement system or plan in this state; definitions
- 38-922 Transfer or redemption of service credits
- 38-923 Transfer of service credits between municipal retirement systems and special retirement plans; definitions
- 38-924 Transfer of service credits
- 38-951 Definitions
- 38-952 Supplemental defined contribution plan; establishment; administration
- 38-953 Supplemental option
- 38-954 Vesting
- 38-1001 Definitions
- 38-1002 Merit system council for law enforcement officers
- 38-1003 Powers and duties of council
- 38-1004 Appeals; hearings
- 38-1005 Status of persons employed prior to merit system institution
- 38-1006 Authority of city or town to use county merit system council
- 38-1007 Exemptions
- 38-1101 Law enforcement officers; probation officers; right to representation; right to evidence on appeal; change of hearing officer or administrative law judge; burden of proof; polygraph examinations; definitions
- 38-1102 Carrying of firearms by peace officers; exceptions; definitions
- 38-1103 Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; definition
- 38-1104 Discipline of law enforcement officers; exceptions; definitions
- 38-1105 Transcripts; time limitation on disciplinary action against law enforcement officer; exceptions; definitions
- 38-1106 Law enforcement officers as witnesses; right to representation; confidential information; definition
- 38-1107 Discipline for probation officers; definitions
- 38-1108 Critical incident stress management team member; privilege; exceptions; definitions
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