Bill Text: AZ HB2340 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: ASRS; LTD program; liability
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-31 - Referred to House RULES Committee [HB2340 Detail]
Download: Arizona-2015-HB2340-Introduced.html
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REFERENCE TITLE: ASRS; LTD program; liability |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2340 |
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Introduced by Representative Fann
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AN ACT
Amending section 38‑797.10, Arizona Revised Statutes; relating to the Arizona state retirement system.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-797.10, Arizona Revised Statutes, is amended to read:
38-797.10. Assurances and liabilities
A. Nothing contained in this article shall be construed as:
1. A contract of employment between an employer and any employee.
2. A right of any member to continue in the employment of an employer.
3. A limitation of the rights of an employer to discharge any of its employees, with or without cause.
B. A member does not have any right to, or interest in, any LTD program assets on termination of the member's employment or otherwise, except as provided from time to time in the LTD program, and then only to the extent of the benefits payable to the member out of LTD program assets. All payments of benefits shall be made solely out of LTD program assets and neither the employers, the board nor any member of the board is liable for payment of benefits in any manner.
C. Benefits, employer and member contributions, earnings and all other credits payable under this article are not subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, before actually being received by a person entitled to the benefit, earning or credit, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, garnish, execute or levy or otherwise dispose of any benefit, earning or credit under this article is void. The LTD program is not in any manner liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to any benefit, earning or credit under this article.
D. Neither the employers, the board nor any member of the board guarantees the LTD trust fund established by section 38‑797.02 in any manner against loss or depreciation, and they are not liable for any act or failure to act that is made in good faith pursuant to this article. The employers are not responsible for any act or failure to act of the board or any member of the board. Neither the board nor any member of the board is responsible for any act or failure to act of any employer.
E. This section does not exempt benefits of any kind from a writ of attachment, a writ of execution, a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.
F. This article does not provide any private right or cause of action to or on behalf of any member or employer, and there is no liability on the part of ASRS, the board, any member of the board or any agent or employee of ASRS or the board, for any action taken in the performance of their powers and duties pursuant to this article.
