Ark. Code Ann. § 24-7-738: Return to regular covered employment for service credit after disability retirement - Alternate option to return to disability retirement - Incentive to work

(a) If a member who has been on disability retirement with the Arkansas Teacher Retirement System returns to regular, covered employment and then returns to disability retirement with the system, the disability retirement benefit shall be the higher of the: (1) Amount that the member would have received if he or she did not return to regular, covered employment; or (2) Recomputed benefit using the additional salary and additional service credit earned by the member under the covered employment. (b) (1) A member who returns to covered employment under this section after disability retirement shall not receive a disability retirement benefit from the system in any month that the member is paid a salary from a covered employer for a work period that is concurrent with the receipt of the disability retirement. (2) Any disability retirement benefit erroneously paid to the member or retiree for a month in which the member receives salary from a covered employer may be recovered by the system as an overpayment as allowed by law. Amended by Act 2023, No. 107,§ 58, eff. 7/1/2023. Added by Act 2017, No. 549,§ 8, eff. 3/21/2017.

(a) If a member who has been on disability retirement with the Arkansas Teacher Retirement System returns to regular, covered employment and then returns to disability retirement with the system, the disability retirement benefit shall be the higher of the: (1) Amount that the member would have received if he or she did not return to regular, covered employment; or (2) Recomputed benefit using the additional salary and additional service credit earned by the member under the covered employment.

(1) Amount that the member would have received if he or she did not return to regular, covered employment; or

(2) Recomputed benefit using the additional salary and additional service credit earned by the member under the covered employment.

(b) (1) A member who returns to covered employment under this section after disability retirement shall not receive a disability retirement benefit from the system in any month that the member is paid a salary from a covered employer for a work period that is concurrent with the receipt of the disability retirement. (2) Any disability retirement benefit erroneously paid to the member or retiree for a month in which the member receives salary from a covered employer may be recovered by the system as an overpayment as allowed by law.

(1) A member who returns to covered employment under this section after disability retirement shall not receive a disability retirement benefit from the system in any month that the member is paid a salary from a covered employer for a work period that is concurrent with the receipt of the disability retirement.

(2) Any disability retirement benefit erroneously paid to the member or retiree for a month in which the member receives salary from a covered employer may be recovered by the system as an overpayment as allowed by law.