2010 Arkansas Code
Title 24 - Retirement And Pensions
Chapter 11 - Local Police And Fire Pension And Relief Funds
Subchapter 8 - Firemen's Relief and Pension Funds
§ 24-11-816 - Membership -- Contributions.

24-11-816. Membership -- Contributions.

(a) (1) Within sixty (60) days from July 1, 1975, each full-paid fire fighter and each part-paid fire fighter whose salary is fifty dollars ($50.00) or more per month, each part-paid fire fighter whose salary is less than fifty dollars ($50.00) per month, and each active volunteer fire fighter employed in the fire department of any city or town in this state, who desires that he or she and his or her beneficiaries participate in the firemen's relief and pension fund of the city or town, as created under 24-11-801 -- 24-11-807, 24-11-809, 24-11-810, 24-11-813 -- 24-11-815, and 24-11-818 -- 24-11-821, shall file a statement with the secretary of the board of trustees of the firemen's relief and pension fund of the city or town. This statement, in writing under oath, shall state that he or she desires that he or she and his or her beneficiaries participate in the benefits from the fund.

(2) The statement shall include the name and age of those persons immediately dependent upon him or her and shall authorize the governing body of the city to deduct from his or her salary such percentage, not less than six percent (6%) thereof, as may be approved for deduction by the local firemen's pension board.

(3) The statement of an active volunteer fire fighter shall include a promise and an obligation to pay to the board of trustees the sum of twelve dollars ($12.00) per year.

(4) Any municipality or fire protection district in which a firemen's pension and relief fund is established shall contribute to the firemen's pension and relief fund an amount:

(A) Not less than six percent (6%) of the fire fighter's salary; or

(B) Equal to the contribution paid by any volunteer fire fighters who are members of the fund.

(b) (1) In the event a former member again becomes an employee of the same fire department where previously employed, the fire fighter shall again become a member of the system and the credited service forfeited by him or her shall be restored to his or her credit if he or she returns to the fund the amount refunded to him or her plus interest from the date of withdrawal to the date of repayment.

(2) (A) The interest rate to be paid shall be equal to the fund's average investment rate of return as indicated in the last three (3) annual accountant's reports, but in no event less than six percent (6%).

(B) The repayment shall be made according to such rules and regulations as the board shall adopt from time to time.

(3) Any employee who has become a member of the Arkansas Local Police and Fire Retirement System shall remain a member of that system.

(c) (1) Any fire fighter who fails or refuses to make and file the statement required by this section to allow deductions from his or her salary or to pay the amount required by this section shall forfeit his or her right to participate in the benefits provided by the firemen's relief and pension fund of the city or town.

(2) This section shall not apply to any fire fighter heretofore retired who has a vested right to participate in the fund because he or she has completed the required length of service or because of physical or mental disability incurred in the performance of his or her duty, nor shall this section apply to any fire fighter who has a vested right to participate in the fund because he or she has completed the required length of service and who has elected to continue in active service.

(d) (1) If any fire fighter shall elect not to participate in the fund, his or her salary shall not be liable for any deductions nor shall he or she be required to pay as provided in this section.

(2) In the event of the resignation or discharge from the fire department of any member, all moneys deducted from the salary of the person or voluntarily paid by the person shall immediately be returned to him or her without interest. However, there shall be deducted from the refund the amount which has been expended by the board of trustees, as authorized under 24-11-803(c), for the purchase of group insurance and payment of premiums thereon for the benefit of the fire fighter.

(e) (1) All moneys provided for the fund by this section shall be paid to and received by the treasurer of the city or town for the sole use and benefit of the firemen's relief and pension fund, and the fund shall be used for no other purpose.

(2) The additional duties thus imposed upon the treasurer shall be and comprise additional duties for which he or she shall be liable under his or her oath and bond as the city or town treasurer.

(f) (1) The funds provided for by this section shall be supplemental to and in addition to any fund provided for by any laws in effect at the time of the passage of this section, shall become a part of the firemen's relief and pension fund, as created under 24-11-801 -- 24-11-807, 24-11-809, 24-11-810, 24-11-813 -- 24-11-815, and 24-11-818 -- 24-11-821, and shall be administered by the board of trustees created by those sections, in the same manner as the funds provided therein.

(2) It is the specific intention of this section not to repeal 24-11-801 -- 24-11-807, 24-11-809, 24-11-810, 24-11-813 -- 24-11-815, and 24-11-818 -- 24-11-821, but rather to provide additional money for the firemen's relief and pension fund, as created under Acts 1921, No. 491.