PRESS RELEASE

Opinion Number: 2022-020 Requestor:  The Honorable Mark Johnson

Q1) Is a constable eligible to be a member of the Arkansas Public Employees Retirement System (APERS)? Q2) If the constable is not paid for the position, does this have an effect in the matter? Q3) Does the fact that a constable is simultaneously employed by the State of Arkansas and an APERS member due to their state employment have an effect in the matter? Q3a) Could a person in this situation accrue service credit in APERS for their concurrent service as a constable? Q4) Does a state employee who is an APERS member accrue one year of service for each year employed? Q5) Does a state employee who is a member of APERS and simultaneously serving as an elected constable accrue two years of service for each year employed? RESPONSE:  Q1 & 2) No, because constables do not qualify as "employees" as that term is defined in the relevant APERS statutes. That is true regardless of whether a constable is paid for the position.  Q3) No, because concurrent service only applies if an employee earns service through separate, eligible positions.  Q4) State employees generally receive service credit for "actual service" at the rate of one month for each month of service. Q5) No. See response to Q3.

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