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Arkansas Code Title 24. Retirement and Pensions § 24-1-302. Forfeiture of benefits

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) A beneficiary forfeits his or her right to benefit payments under a retirement system if he or she:

(A) Is convicted by a court of competent jurisdiction of the unlawful killing of the member or retirant;

(B) Pleads guilty or nolo contendere to the unlawful killing of the member or retirant;

(C) Is found liable by a court of competent jurisdiction for the unlawful killing of the member or retirant by a preponderance of the evidence in a civil action;

(D) Is acquitted by a court of competent jurisdiction for the unlawful killing of the member or retirant by reason of insanity, mental defect or disease, or any other mental incapacity; or

(E) Is found by a court of competent jurisdiction to lack the capacity to understand or effectively assist in defending a criminal proceeding against him or her for the unlawful killing of the member or retirant.

(2) If a retirement system finds that a beneficiary has forfeited his or her right to benefit payments from the retirement system under subdivision (a)(1) of this section, the retirement system shall treat the beneficiary as if he or she is deceased and shall not make benefit payments to the beneficiary.

(b)(1) If a beneficiary appeals his or her conviction for an offense described under subdivision (a)(1) of this section, benefit payments shall not be paid to the beneficiary unless the appeal results in a reversal of the conviction.

(2)(A) If the conviction of a beneficiary for an offense described under subdivision (a)(1) of this section is reversed, the retirement system may make benefit payments to the beneficiary.

(B) If the conviction of a beneficiary for an offense described under subdivision (a)(1) of this section is affirmed, the retirement system shall not make benefit payments to the beneficiary.

(c) If a member or retirant does not have a contingent beneficiary who may receive benefit payments under this section, the member or retirant's contributions to the retirement system shall be refunded to the estate of the member or retirant.

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Cite this article: FindLaw.com - Arkansas Code Title 24. Retirement and Pensions § 24-1-302. Forfeiture of benefits - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-24-retirement-and-pensions/ar-code-sect-24-1-302/

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