Arkansas Administrative Code
Agency 088 - Arkansas Teacher Retirement System
Rule 088.00.19-005 - Rule 16- Cash and Savings Help (CASH) Program
Universal Citation: AR Admin Rules 088.00.19-005
Current through Register Vol. 49, No. 9, September, 2024
I. Purpose and Scope
A. The purpose of this Rule is to allow
members an opportunity to receive a one-time lump sum cash payment in exchange
for terminating their membership in ATRS. The benefit offering under this Rule
shall be known as the "CASH Program". The one time lump sum cash payment shall
be known as "CASH Program payment". The tender of the CASH Program payment by
ATRS extinguishes any service credit or future retirement benefit from ATRS to
the member that would have been based upon the member's service, and for all
purposes "buys out" the membership, the retirement benefit rights, and all
future rights in the system of the member.
B. The opportunity for a CASH Program payment
is available only under this Rule and only for a specific and temporary period
of time to a specific category of members. The CASH Program payment is
calculated under a formula that is unique to that category of members and is
applicable for the offering period exclusively.
C. ATRS is under no obligation to extend the
offer or to make a future, similar offer. Terms, rules and rights for any CASH
Program under a specific offering period do not apply to a subsequent CASH
Program offering.
D. This CASH
Program is only applicable to ATRS members for their ATRS service. Reciprocal
service shall not be eligible for the CASH Program.
E. The ATRS Board may target a CASH Program
offering to a certain category of members within ATRS.
F. A CASH Program payment may be made to a
member by a check mailed to the member's address. A CASH Program payment may
also be directly rolled over into a qualifying retirement plan under §
24-7-719,
at the direction of the member. ATRS shall only roll over the CASH Program
payment into one qualifying plan.
G. CASH Offering Period
1. The Board shall set the dates for any
offering period. To qualify for the CASH Program payment in a specific offering
period, the member shall deliver the CASH Program Election Form to ATRS before
the end of the offering period.
2.
A CASH Program Election Form that is postmarked after the offering period
deadline is invalid. If sent by facsimile, the date stamp shall be before the
offering period deadline. If sent as an attachment to an email, the email shall
be sent before the offering period deadline.
3. The Board may re-offer a previously
expired buyout plan or may extend the duration of a current offering through a
resolution adopted by the Board at a meeting of the Board.
H. While ATRS may make reasonable efforts to
contact members eligible for the CASH Program, ATRS is under no duty to contact
members, to verify the accuracy of the addresses, or to confirm receipt of the
offer by the member, to confirm receipt of the election form by members, or to
confirm receipt by ATRS of the CASH Program Election Form from
members.
II. CASH Program Election Form
A. To
participate in the CASH Program, a member shall submit a CASH Program Election
Form to ATRS during the offering period. The CASH Program Election Form shall
be completed in its entirety by the member in order to be accepted as a valid
CASH Program Election Form.
B. The
CASH Program Election Form shall include the following:
1. A statement, signed by the member, that
the member understands the purpose and scope of the CASH Program, and once ATRS
tenders payment of CASH Program payment, the CASH Program Election Form may not
be withdrawn.
2. A member who
participates in the CASH Program plan shall receive a one-time lump sum payment
from ATRS that cancels the member's interest in any retirement benefit and all
future rights in ATRS effective upon tender of payment by ATRS.
3. The signature of the member; and
4. The date signed.
C. The CASH Program Election Form shall be
made available to members using standard ATRS procedures.
D. ATRS is not required to accept any CASH
Program Election Form that is not received during the offering period in the
manner prescribed in this Rule.
E.
ATRS is not responsible for the member's receipt of a CASH Program Election
Form, regardless of the manner in which it is requested.
F. The member is exclusively responsible for
obtaining and submitting the CASH Program Election Form as required under this
Rule.
G. ATRS shall determine if
the member is qualified to receive a CASH Program payment. Only qualifying
members may receive the CASH Program payment and any erroneous delivery of a
CASH Program Election Form by ATRS to a member does not establish a right to
payment.
III. CASH Program Offering
The applicable members, offering period, and CASH Program formula for a particular CASH Program offering will be established and approved by the Board through a properly adopted resolution.
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