Chapter 1 General Provisions

Subchapter 1 — General Provisions

Cross References. Compensation and benefits, § 21-5-101 et seq.

Retirement, § 24-1-101 et seq.

Veterans preferences, § 21-3-301 et seq.

Effective Dates. Acts 1917, No. 154, § 3: Mar. 1, 1917.

Acts 1989 (1st Ex. Sess.), No. 247, § 26: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1993, No. 860, § 38: Apr. 2, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that payees listed in this Act may be entitled to the sums appropriated and transferred to herein, and that they have been deprived of the use of these funds for a long period of time, and that further delay in paying these just debts of the State would do harm to the reputation of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-1-101. Computation of length of service.

  1. In computing or granting pensions, retirement pay, eligibility lists based on length of service, or any other right under a civil service or merit system in which length of service is the criterion, time spent by any employee, as defined in subsection (b) of this section, in the United States Armed Forces from September 16, 1940, until December 31, 1946, shall be counted as though the employee had remained continuously in the employment of the agency, department, or office.
  2. The provisions of this section shall apply to any employee of any agency, department, or office supported in whole or in part with tax funds by the State of Arkansas or any county or municipality thereof, whose personnel are regulated by civil service or merit system adopted pursuant to an act of the General Assembly, or the governing body of any county or municipality with the following restrictions:
    1. The employee must have been employed under the civil service or merit system at the time of his or her separation to enter the United States Armed Forces; and
    2. The employee must have entered the United States Armed Forces directly after leaving the employment of the agency, department, or office and must have returned thereto within ninety (90) days after separation from the United States Armed Forces.

History. Acts 1947, No. 56, §§ 1-3; A.S.A. 1947, §§ 12-2323 — 12-2325.

Case Notes

Purpose.

This section requires that time spent in the armed services should be considered for seniority purposes. Smith v. Little Rock Civil Serv. Comm'n, 214 Ark. 765, 218 S.W.2d 366 (1949).

21-1-102. Term of office of certain officers.

    1. The terms of office of the Justices of the Supreme Court, all district officers, except state senators, all county officers, except members of the lower house of the General Assembly, and all township officers and road overseers, when road overseers are elected, shall begin on January 1 following their election.
    2. The term of office of the Commissioner of State Lands shall begin on the same date as provided in Arkansas Constitution, Article 6, § 3, for other constitutional officers.
    3. However, in the case of a special election to fill an unexpired term, or to fill an office created after the last preceding general election, the term of the officer so elected shall begin as soon after the election as the result can be ascertained and the person elected can be commissioned and qualified.
  1. All officers shall hold their respective offices for the term prescribed by the law and until their successors are elected and qualified.

History. Acts 1917, No. 154, § 1, p. 809; C. & M. Dig., §§ 8071, 8072; Pope's Dig., §§ 10400, 10401; A.S.A. 1947, § 12-112; Acts 2009, No. 646, § 1.

Publisher's Notes. This section, as it applied to justices of the peace, was repealed by Acts 1933, No. 103, which was subsequently repealed by Acts 1937, No. 353, § 3.

Amendments. The 2009 amendment deleted “Commissioner of State Lands” following “office of the” in (a)(1); inserted (a)(2) and redesignated the subsequent subdivision accordingly; and made a related change.

Cross References. Continuance in office until successor elected, Ark. Const., Art. 19, § 5.

Case Notes

Commissioner of State Lands.

Arkansas Constitution, Amendment 37 (repealed, now see Ark. Const. Amend. 56) did not amend by implication the provisions of Ark. Const., Art. 6, § 3, relating to the election and commencement of term of certain named executive officers so that it applied to the Commissioner of State Lands, and the commencement of the term of the Commissioner was governed by the provisions of this section even after the adoption of Ark. Const. Amend. 37 (repealed). Rankin v. Jones, 224 Ark. 1001, 278 S.W.2d 646 (1955).

Constable.

The term of office of a constable begins on January 1 following his or her election. Hutcheson v. Pitts, 170 Ark. 248, 278 S.W. 639 (1926).

Supreme Court Justice.

Supreme Court Justice, having been duly elected by the people of Arkansas and having begun her eight-year term as a justice on the Arkansas Supreme Court on January 1, 2015, was the qualified justice invested with the judicial power to participate in Case No. CV-14-427; a Special Justice's constitutional authority to participate in Case No. CV-14-427 expired December 31, 2014. Smith v. Wright, 2015 Ark. 189, 461 S.W.3d 687 (2015).

21-1-103. Service recognition program.

  1. There is established a method of recognition of service by employees of the State of Arkansas.
  2. The Office of Personnel Management shall coordinate the purchase, distribution, and presentation of service awards based on years of service with the State of Arkansas for full-time employees in all state agencies, boards, commissions, and others under the Governor's direction.
  3. The awards shall be made upon attainment of ten (10), twenty (20), and thirty (30) years of service in state government.
  4. The Secretary of the Department of Transformation and Shared Services shall promulgate reasonable rules as he or she deems necessary in carrying out the provisions of this service recognition program.

History. Acts 1989 (1st Ex. Sess.), No. 247, § 19; 1991, No. 786, § 34; 2019, No. 315, § 2313; 2019, No. 910, § 6119.

A.C.R.C. Notes. Former §§ 21-1-103 and 21-5-105, concerning the service recognition program, are deemed to be superseded by this section. Former §§ 21-1-103 and 21-5-105 were derived from Acts 1985, No. 762, § 18, and Acts 1987, No. 1051, § 21, respectively.

This section was also formerly codified as § 21-5-105 which was transferred by Acts 1991, No. 786, § 34, to § 21-1-103.

Acts 1991, No. 786, § 37, provided:

“The enactment and adoption of this Act shall not repeal, expressly or impliedly, the acts passed at the regular session of the 78th General Assembly. All such acts shall have full effect and, so far as those acts intentionally vary from or conflict with any provision contained in this Act, those acts shall have the effect of subsequent acts and as amending or repealing the appropriate parts of the Arkansas Code of 1987.”

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (d).

21-1-104. Limitation on judicial employment — State employee.

  1. No state employee shall serve both in a full-time quasi judicial position, or in a full-time position which provides legal assistance to a quasi judicial position, in the Arkansas State Claims Commission, Arkansas Public Service Commission, Workers' Compensation Commission, State Department for Social Security Administration Disability Determination, or any other quasi judicial agency, department, or commission and as an elected judge.
  2. For purposes of this section, the term “state employee” shall mean anyone who works one thousand (1,000) hours or more per year and participates in the Arkansas Public Employees' Retirement System.

History. Acts 1993, No. 860, § 29.

21-1-105. Employee benefit programs.

  1. Each state agency, board, commission, and institution of higher education shall develop an informational program explaining the various fringe benefit programs that are provided for employees or in which employees may participate.
  2. Each state agency, board, commission, and institution of higher education shall provide each employee with this fringe benefit program information upon the initial employment of an employee at a new employee orientation meeting.
    1. The program shall include information about the employee's:
      1. Health and life insurance programs;
      2. Social Security benefits;
      3. Retirement system benefits;
      4. Workers' compensation benefits; and
      5. Employee assistance programs.
    2. The program may include information on other optional programs available to employees, such as deferred compensation plans, credit unions, or similar kinds of programs available for employees.
  3. Each state agency, board, commission, and institution of higher education shall provide each employee with an annual employee benefits statement, which shall summarize the status of the benefit plans in which the employee participates.
  4. The Office of Personnel Management and the Employee Benefits Division shall assist each state agency, board, commission, and institution of higher education in developing an employee benefits program and employee benefits statement.

History. Acts 2001, No. 1818, § 1; 2019, No. 910, § 6120.

A.C.R.C. Notes. As enacted by Acts 2001, No. 1818, § 1, subsection (a) began:

“Beginning January 1, 2002,”.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (e).

21-1-106. Public recording and deletion of electronic data — Definitions.

  1. As used in this section:
      1. “Prohibit” means to interfere with the physical operation of a recording device by threat, duress, coercion, direct order, arrest, detention, or use of force.
      2. “Prohibit” does not include instances when there is no interference with the operation of the recording device or the person who operates it; and
    1. “Recording device” means a device that captures and records data or information, including without limitation a film camera, digital camera, tape recorder, or electronic sound recorder.
    1. A public officer or employee shall not:
      1. Prohibit a person from using a recording device carried on or near the person in a place that is open to and accessible to the general public or any private property where the person is lawfully present unless the act of recording or the location of the recording person:
        1. Presents a risk to the physical safety of anyone present, not including the person making the recording;
        2. Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility;
        3. Constitutes an element of a criminal offense;
        4. Could reasonably be expected to lead to the infringement of copyrighted material;
        5. Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or
        6. Unreasonably obstructs or inhibits another person's lawful presence or movement;
      2. Delete any electronic data or any other information derived by recording from a recording device carried on or near the person against the wishes of the person possessing the recording device or otherwise destroy information contained in the recording device unless the data are considered contraband; or
      3. Seize or confiscate a recording device carried on or near the person using the recording device unless the recording device appears to be involved in the commission of a crime or unless the seizure is otherwise justified by an exigent circumstance.
    2. If a person uses a recording device to intrude upon the seclusion or solitude of another person or upon the other person's private affairs or concerns, this subsection does not apply if the intrusion:
      1. Violates a reasonable expectation of privacy; and
      2. Would be highly offensive to a reasonable person.
    1. A violation of this section constitutes a waiving of the sovereign immunity of the state.
    2. A public officer or employee who violates this section may only be sued in his or her official capacity.
    3. A court construing this section shall do so consistently with official capacity claims under the First Amendment to the United States Constitution filed through 42 U.S.C. § 1983 and the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.
    4. Punitive damages are not provided under this section.
    5. When a party sues for relief under this section or any other applicable law, the party shall only receive a single remedy for a single injury.
  2. A publicly funded school or publicly funded institution of higher education is exempt from this section.
  3. Nothing in this section is intended to change, diminish, or denigrate the powers of those who rightfully control private property to regulate, place conditions on, or prohibit recording activities that take place on that private property.
  4. This section does not:
    1. Imply any kind of right or power of a person to use devices to change the light levels of his or her surroundings, including without limitation umbrellas, reflectors, lights, or flashes;
    2. Change, diminish, or denigrate the inherent or constitutional powers of the courts to issue binding orders or to regulate the absence, presence, or conduct of citizens occupying buildings or real property under the jurisdiction of the courts; or
    3. Apply to the grounds of a hospital or other medical facility governed by the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
  5. A state agency may adopt policies to limit or prohibit the use of recording devices by that state agency's employees or contractors in the course and scope of their employment if those policies are intended to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or the requirements of other state or federal privacy laws.

History. Acts 2015, No. 1063, § 1.

U.S. Code. The Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, referred to in this section, is codified throughout Titles 18, 26, 29 and 42 of the U.S. Code.

Subchapter 2 — Eligibility for Office

Cross References. Atheists, qualification for office, Ark. Const., Art. 19, § 1.

Conviction of embezzlement, bar to holding office, Ark. Const., Art. 5, § 9.

Conviction of felony, bar to holding office, Ark. Const., Art. 3, § 6.

Governor, Lieutenant Governor, acting Governor, ineligibility for appointed office, Ark. Const. Amend. 29, § 2.

Holding of more than one office prohibited, Ark. Const., Art. 19, § 6.

Military officers, school officers, public notaries, permitted to hold office, Ark. Const., Art. 19, § 26.

Qualification as elector required, Ark. Const., Art. 19, § 3.

Religion no bar to holding office, Ark. Const., Art. 2, § 26.

Residence requirement, Ark. Const., Art. 19, § 4.

Senators, representatives, barred from holding office, Ark. Const., Art. 5, § 10.

Effective Dates. Acts 1921, No. 59, § 3: approved Feb. 3, 1921. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, the same shall take effect and be in full force from and after its passage.”

Research References

Am. Jur. 63C Am. Jur. 2d, Pub. Off., § 48 et seq.

C.J.S. 67 C.J.S., Officers, § 21 et seq.

21-1-201. Gender not a bar to holding office.

  1. Gender shall not be a bar to the holding of any public or civil office in this state.
  2. Women, where otherwise qualified, shall be entitled to hold public or civil office, whether elective or appointive, under the Arkansas Constitution and statutes of this state.

History. Acts 1921, No. 59, §§ 1, 2; Pope's Dig., §§ 10436, 10437; A.S.A. 1947, §§ 12-101, 12-102.

Case Notes

Cited: King v. Consolidated Freightways Corp., 763 F. Supp. 1014 (W.D. Ark. 1991).

21-1-202 — 21-1-206. [Repealed.]

Publisher's Notes. These sections, concerning ineligibility of defaulters for office, lists of indebted persons, statement of default on certificate of election, withholding of commission or credentials of defaulter elected to office and the office subsequently being deemed vacant, and failure of officer to comply with §§ 21-1-20121-1-205, were repealed by Acts 1993, No. 1279, § 1. The sections were derived from the following sources:

21-1-202. Rev. Stat., ch. 47, § 1; C. & M. Dig., § 3435; Pope's Dig., § 4278; A.S.A. 1947, § 12-103.

21-1-203. Rev. Stat., ch. 47, §§ 2, 4; C. & M. Dig., §§ 3436, 3438; Pope's Dig., §§ 4279, 4281; A.S.A. 1947, §§ 12-104, 12-106.

21-1-204. Rev. Stat., ch. 47, § 3; C. & M. Dig., § 3437; Pope's Dig., § 4280; A.S.A. 1947, § 12-105.

21-1-205. Rev. Stat., ch. 47, §§ 5-8; C. & M. Dig., §§ 3439-3442; Pope's Dig., §§ 4282-4285; A.S.A. 1947, §§ 12-107 — 12-110.

21-1-206. Rev. Stat., ch. 47, § 9; C. & M. Dig., § 3443; Pope's Dig., § 4286; A.S.A. 1947, § 12-111.

21-1-207. Public employees.

No employee of the state, a county, a municipality, a school district, or any other political subdivision of this state shall be deprived of his or her right to run as a candidate for an elective office or to express his or her opinion as a citizen on political subjects, unless as necessary to meet the requirements of federal law as pertains to employees.

History. Acts 1997, No. 1214, § 1.

Cross References. Certain political activity prohibited, § 20-76-207.

Limitation of political activity by officer or employee, § 20-79-212.

Participation in political activities, § 14-52-306.

Political activity prohibited, §§ 14-49-306, 14-50-306.

Subchapter 3 — Emergency Interim Executive and Judicial Succession Act

Effective Dates. Acts 1961, No. 489, § 14: Jan. 1, 1962.

21-1-301. Title.

This subchapter shall be known and may be cited as the “Emergency Interim Executive and Judicial Succession Act”.

History. Acts 1961, No. 489, § 1; A.S.A. 1947, § 12-114.

21-1-302. Legislative intent.

Because of the existing possibility of attack of unprecedented size and destructiveness upon the United States, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions, to provide for the effective operation of governments during an emergency, and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for:

  1. Additional officers who can exercise the powers and discharge the duties of Governor;
  2. Emergency interim succession to governmental offices of this state and its political subdivisions in the event the incumbents thereof and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of those offices who are in this subchapter referred to as “deputies” are unavailable to perform the duties and functions of those offices; and
  3. Special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.

History. Acts 1961, No. 489, § 2; A.S.A. 1947, § 12-115.

21-1-303. Definitions.

As used in this subchapter:

  1. “Attack” means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;
  2. “Emergency interim successor” means a person designated pursuant to this subchapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Arkansas Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office;
  3. “Office” includes all state and local offices, the powers and duties of which are defined by the Arkansas Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the General Assembly and the judiciary;
  4. “Political subdivision” includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law; and
  5. “Unavailable” means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.

History. Acts 1961, No. 489, § 3; A.S.A. 1947, § 12-116.

21-1-304. Additional successors to Office of Governor.

  1. In the event that the Governor, for any of the reasons specified in the Arkansas Constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, and in the event the Lieutenant Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives are not able, for any of the reasons specified in the Arkansas Constitution, to exercise the powers and discharge the duties of the Office of Governor, or are unavailable, then the Attorney General, Secretary of State, Treasurer of State, Auditor of State, or Commissioner of State Lands, in the order named, shall exercise the powers and discharge the duties of the Office of Governor until a new Governor is elected and qualified, or until one (1) of the officers who precedes him or her in the order of succession becomes available.
  2. However, no emergency interim successor to the offices mentioned in subsection (a) of this section may serve as Governor.

History. Acts 1961, No. 489, § 4; A.S.A. 1947, § 12-117; Acts 2017, No. 380, § 1.

Amendments. The 2017 amendment inserted “Auditor of State, or Commissioner of State Lands” in (a).

21-1-305. [Repealed.]

Publisher's Notes. This section, concerning emergency interim successors for state officers, was repealed by Acts 2017, No. 380, § 2. The section was derived from Acts 1961, No. 489, § 5; A.S.A. 1947, § 12-118.

21-1-306. Emergency interim successors for local officers.

    1. With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, the legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors to offices of those governmental units.
    2. The resolutions and ordinances shall not be inconsistent with the provisions of this subchapter.
    1. The provisions of this subsection shall be applicable to officers of political subdivisions including, but not limited to, cities, towns, villages, townships, and counties, as well as school, fire, power, and drainage districts not included in subsection (a) of this section.
      1. The officers, subject to any regulations which the executive head of the political subdivision may issue, shall designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession.
      2. The officer shall review and revise, as necessary, designations made pursuant to this subchapter to ensure their current status.
      3. The officer will designate a sufficient number of persons so that there will be not less than three (3) nor more than seven (7) deputies or emergency interim successors or any combination thereof, at any time.
      1. In the event that any officer of any political subdivision or his or her deputy provided for pursuant to law is unavailable, the powers of the office shall be exercised, and the duties shall be discharged, by his or her designated emergency interim successors in the order specified.
      2. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Arkansas Constitution or statutes or until the officer, or his or her deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of his or her office.

History. Acts 1961, No. 489, §§ 6, 7; A.S.A. 1947, §§ 12-119, 12-120.

21-1-307. Special emergency judges.

  1. In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office and in the event no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Arkansas Constitution or statutes is available to exercise the powers and discharge the duties of the office, the duties of the office shall be discharged and the powers exercised by the special emergency judges provided for in this section.
    1. The Governor shall designate, for each member of the Supreme Court, special emergency justices in the number of not less than three (3) nor more than seven (7) for each member of the court and shall specify the order of their succession.
    2. For each court of record except the Supreme Court, the Chief Justice of the Supreme Court in consultation with the other members of the court shall designate special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of the courts and shall specify the order of their succession.
    3. The judge of the circuit court shall designate not less than three (3) special emergency judges for courts not of record within that circuit and shall specify their order of succession.
    4. The designating authority shall review and revise, as necessary, designations made pursuant to this subchapter to ensure their current status.
    1. The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of the office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation.
    2. The special emergency judges shall discharge the duties and exercise the powers of the office until such time as a vacancy which may exist shall be filled in accordance with the Arkansas Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.

History. Acts 1961, No. 489, § 8; A.S.A. 1947, § 12-121.

21-1-308. Formalities of taking office.

  1. At the time of their designation, emergency interim successors and special emergency judges shall take any oath which may be required for them to exercise the powers and discharge the duties of the office to which they may succeed.
  2. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.

History. Acts 1961, No. 489, § 9; A.S.A. 1947, § 12-122.

21-1-309. Period in which authority may be exercised.

  1. Officials authorized to act as Governor pursuant to this subchapter, emergency interim successors, and special emergency judges are empowered to exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack upon the United States, as defined in this subchapter, has occurred.
  2. At any time, the General Assembly by concurrent resolution may terminate the authority of emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as provided in this subchapter.

History. Acts 1961, No. 489, § 10; A.S.A. 1947, § 12-123.

21-1-310. Removal of designees.

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including § 21-1-309, those persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.

History. Acts 1961, No. 489, § 11; A.S.A. 1947, § 12-124.

21-1-311. Disputes.

Any dispute concerning a question of fact arising under this subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, shall be adjudicated by the Governor or other official authorized under the Arkansas Constitution and this subchapter to exercise the powers and discharge the duties of the Office of Governor, and his or her decision shall be final.

History. Acts 1961, No. 489, § 12; A.S.A. 1947, § 12-125.

Subchapter 4 — Constitutional Officers and Their Spouses

Effective Dates. Acts 1999, No. 34, § 12: Feb. 9, 1999. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to establish restrictions and procedures regarding constitutional officers becoming employees of the state or entering into grants, contracts or leases with the state; that this act establishes those restrictions and procedures; and that this act should go into effect as soon as possible to help restore the public confidence in state government. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2015, No. 1280, § 16: Apr. 8, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of Arkansas adopted Arkansas Constitution, Amendment 94, at the 2014 General Election, which added Sections 28, 29, and 30 to Article 19 of the Arkansas Constitution; that Arkansas Constitution, Amendment 94, requires the General Assembly to provide by law that Arkansas Constitution, Article 19, Sections 28, 29, and 30 be under the jurisdiction of the Arkansas Ethics Commission; that this act should become effective at the earliest opportunity to allow the commission to enforce Arkansas Constitution, Article 19, Sections 28, 29, and 30 and issue guidance to affected public officials; and that the additional provisions of this act provide clarity to the ethics laws of the State of Arkansas and should become effective at the earliest opportunity to prevent confusion and avoid incorrect applications of the state's ethics laws. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 661, § 4: Apr. 2, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act establishes certain employment restrictions on former members of the General Assembly that are in the best interests of the state; and that these restrictions should become effective at the earliest opportunity to provide for the full implementation of the act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-1-401. Definitions.

For purposes of this subchapter:

  1. “Constitutional officer” means Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Attorney General, Commissioner of State Lands, Auditor of State, member of the Arkansas House of Representatives, and member of the Arkansas Senate; and
  2. “State agency” means every board, commission, department, division, institution, and other office of state government whether located within the legislative, executive, or judicial branch of government and including state-supported colleges and universities.

History. Acts 1999, No. 34, § 1.

21-1-402. Restrictions on other employment.

    1. Subject to any restriction or condition prescribed by the Arkansas Constitution and except as provided under subdivisions (a)(2) and (3) of this section and subsection (f) of this section, and unless the person resigns before entering into the employment, a person elected to a constitutional office, after being elected to the constitutional office and during the term for which elected, shall not enter into employment with:
      1. Any state agency;
      2. Any public school district of this state in a noncertified position;
      3. Any vocational education school funded by the state; or
      4. Any education service cooperative.
      1. A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may:
        1. Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university;
        2. Change positions under his or her current employer; or
        3. Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university.
      2. Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 — 19-11-709.
    2. If a constitutional officer is credentialed or certified as a tutor, teacher, professor, or adjunct professor, he or she is not prohibited from employment as a tutor, teacher, professor, or adjunct professor with a public school district, educational service cooperative, state-supported vocational education school, or state-supported college or university in this state.
    3. Subject to any restriction or condition prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue the employment, but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally, nor shall the constitutional officer receive any pay increase for that employment other than the cost-of-living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
  1. No person whose spouse is elected to a constitutional office may, after the spouse is elected to the constitutional office and during the term for which the spouse is elected, enter into employment with any state agency without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
  2. This subchapter does not prohibit the spouse of any constitutional officer from being elected and serving in an elected office or from being appointed to fill the vacancy in any elected office.
  3. Any person who was employed by a state agency prior to the person's spouse being elected a constitutional officer and any person who entered into employment with a state agency during the spouse's service as a constitutional officer is subject to the following:
    1. The person's position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor; and
    2. The person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
  4. A former member of the General Assembly and his or her spouse shall not be eligible to be employed by any state agency within twenty-four (24) months after the member leaves office in any job or position that:
    1. Was newly created by legislative action within the twenty-four (24) months prior to the member's leaving office; or
    2. Had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four (24) months prior to the member's leaving office.
    1. A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected:
      1. Register as a lobbyist under § 21-8-601 et seq.; or
      2. Enter into employment as the director of an:
        1. Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or
        2. Area agency on aging.
      1. Except as provided in subdivision (f)(2)(B) of this section, subdivision (f)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018.
      2. Subdivision (f)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.
  5. The Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and Commissioner of State Lands are not eligible to be registered as lobbyists under § 21-8-601 et seq. until one (1) year after the expiration of the respective terms of office to which they were elected.
  6. An individual employed in the office of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, or Commissioner of State Lands is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that office.

History. Acts 1999, No. 34, § 2; 2003, No. 1453, § 1; 2005, No. 1962, § 91; 2009, No. 1398, § 1; 2011, No. 48, § 2; 2011, No. 71, § 2; 2013, No. 486, § 1; 2015, No. 1280, § 11; 2017, No. 961, § 1; 2019, No. 661, §§ 2, 3.

A.C.R.C. Notes. Acts 2009, No. 1398, § 2, provided: “The provisions of the Arkansas Code added by this act are nonseverable. In the event any part of the provisions of the Arkansas Code added by this act, including but not limited to the provisions requiring prior approval of the Joint Budget Committee or Legislative Counsel and the Governor, are found to be unconstitutional by a court of competent jurisdiction, the amendments to Arkansas Code § 21-1-402 contained in this act shall be null and void and Arkansas Code § 21-1-402 before amendment by this act shall remain in full force and effect.”

Amendments. The 2003 amendment added (f).

The 2005 amendment deleted (a)(1)(E), and made a minor stylistic change.

The 2009 amendment inserted “and except as provided under subdivision (a)(2) of this section” in (a)(1); inserted (a)(2) and redesignated former (a)(2) as (a)(3).

The 2011 amendment by identical acts Nos. 48 and 71 added (f)(2); and inserted “one (1) year after” in (f)(1).

The 2013 amendment added (g) and (h).

The 2015 amendment substituted “two (2) years” for “one (1) year” in (f)(1); and substituted “November 4, 2014” for “July 27, 2011” in (f)(2).

The 2017 amendment substituted “subdivisions (a)(2) and (3)” for “subdivision (a)(2)” in (a)(1); inserted present (a)(3) and redesignated former (a)(3) as (a)(4); and made stylistic changes.

The 2019 amendment inserted “and subsection (f) of this section” in the introductory language of (a)(1); and rewrote (f).

21-1-403. Restrictions on lease agreements, contracts, and grants.

  1. No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless:
    1. The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative:
      1. Determination of specifications for the bid or request for proposal;
      2. Evaluation or consideration of the bid or request for proposal; or
      3. Decision to accept the bid or request for proposal; or
    2. If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of:
      1. The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
      2. The Governor.
  2. No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer:
    1. Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or
    2. If competitive bidding or a request for proposal was not required by law, receives prior approval from:
      1. The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
      2. The Governor.
    1. Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 — 19-11-1011.
    2. Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 — 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.
  3. The restrictions of subsections (a) and (b) of this section also apply to spouses of constitutional officers and to any corporation, limited liability company, partnership, or any other legal entity of which a constitutional officer or the constitutional officer's spouse has an ownership interest of at least ten percent (10%).
  4. If a constitutional officer, a constitutional officer's spouse, or an entity listed in subsection (d) of this section becomes the recipient of a grant, contract, or lease through competitive bidding or a request for proposal, the awarding state agency shall give written notice of the selection of the constitutional officer, constitutional officer's spouse, or entity to:
    1. The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
    2. The Governor.
  5. Grants, contracts, and leases entered into prior to the person's becoming a constitutional officer are not subject to the provisions of this section, but renewals and extensions of those grants, contracts, and leases are subject to the provisions of this section.

History. Acts 1999, No. 34, § 3; 2003, No. 1315, § 14.

Amendments. The 2003 amendment rewrote (c).

21-1-404. Rules — Disclosure statement.

  1. The Secretary of the Department of Finance and Administration is authorized to promulgate and implement any necessary rules or policies to ensure compliance with this subchapter subject to the prior review and approval of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.
  2. All disclosure statements and other information required to be furnished by constitutional officers and their spouses shall be certified by the constitutional officer or spouse under penalty of perjury.

History. Acts 1999, No. 34, § 4; 2019, No. 315, § 2314; 2019, No. 910, § 3489.

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (a).

21-1-405. Violations.

  1. Any knowing violation of this subchapter is a Class D felony.
  2. The violation of any rule or policy promulgated by the Department of Finance and Administration under this subchapter or the failure of a constitutional officer or spouse of a constitutional officer to disclose his or her interest in any contract, grant, or lease agreement or in any subcontract, subgrant, or assignment of lease as required by this subchapter or as required by any rule or policy of the department shall be grounds for voiding the contract, grant, lease agreement, subcontract, subgrant, or lease assignment, and the constitutional officer or spouse may be required to refund any moneys received thereunder.

History. Acts 1999, No. 34, § 5; Acts 2007, No. 827, § 172; 2019, No. 315, § 2315.

Amendments. The 2019 amendment deleted “regulation” following “rule” in (b) twice.

21-1-406. Venue for violation proceedings.

The venue for the judicial proceedings for violating § 21-1-405(a) shall be in the county of the defendant's domicile.

History. Acts 1999, No. 34, § 6.

21-1-407. Employment by state agency.

A person whose spouse is elected to a constitutional office may be employed by a state agency without the approval of the employment required by § 21-1-402(b) if the person's entry salary does not exceed the amount prescribed by Level 4 of Grade 13 of the state compensation plan found in § 21-5-209.

History. Acts 1999, No. 34, § 7.

A.C.R.C. Notes. The reference in this section to “Level 4 of Grade 13” is obsolete. The compensation plan under the Uniform Classification and Compensation Act, § 21-5-201 et seq., was completely revised by Acts 2005, No. 2198.

21-1-408. Investigation of violations.

  1. The Arkansas Ethics Commission is authorized to investigate any complaints or allegations of violations of the provisions of this subchapter and to make findings thereon.
  2. In the investigation of such matters, the commission is specifically given all authority and powers as granted to it under the provisions of §§ 7-6-217 and 7-6-218.

History. Acts 1999, No. 34, § 8.

Subchapter 5 — Public Employees' Political Freedom Act of 1999

21-1-501. Title.

This subchapter shall create the “Public Employees' Political Freedom Act of 1999”.

History. Acts 1999, No. 658, § 1.

21-1-502. Definitions.

As used in this subchapter:

  1. “Elected public official” means the Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, Commissioner of State Lands, a member of the Senate, and a member of the House of Representatives;
  2. “Public employee” means any person providing services for the State of Arkansas, a county, a municipal corporation, or any other political subdivision of this state for which compensation is paid; and
  3. “Public employer” means the State of Arkansas and each political subdivision of the State of Arkansas, as defined in § 21-5-603.

History. Acts 1999, No. 658, § 2; 2005, No. 1962, § 92.

Amendments. The 2005 amendment deleted former (b) and the former subsection (a) designation; inserted “any” in present (2); and substituted “21-5-603” for “21-5-603(b)” in present (3).

21-1-503. Employer not to penalize employee's political activity.

  1. A public employee shall not be prohibited from communicating with an elected public official concerning a matter related to the public employee's job, except for a matter exempted under § 25-19-105.
  2. A public employee shall not be prohibited from exercising a right or privilege under the Freedom of Information Act of 1967, § 25-19-101 et seq.
    1. It shall be unlawful for any public employer to discipline, to threaten to discipline, to reprimand either orally or in writing, to place any notation in a public employee's personnel file disciplining or reprimanding the public employee, or to otherwise discriminate against a public employee because the public employee exercised the right to communicate with an elected public official or exercised a right or privilege under the Freedom of Information Act of 1967, § 25-19-101 et seq., as granted under this subchapter.
    2. A public employer shall not be prohibited from disciplining a public employee who has intentionally made an untrue allegation to an elected public official concerning a matter related to the public employee's job.
  3. Any person willfully violating a provision of this subchapter shall be guilty of a Class A misdemeanor.

History. Acts 1999, No. 658, § 3; 2005, No. 1962, § 93; 2009, No. 771, § 1; 2015, No. 102, § 1.

Amendments. The 2005 amendment inserted present (a); redesignated former (a) as present (b)(1); inserted present (b)(2); redesignated former (b) as present (c); deleted former (c); and made minor stylistic changes.

The 2009 amendment inserted (b) and redesignated the subsequent subsections accordingly.

The 2015 amendment inserted “or exercised a right or privilege under the Freedom of Information Act of 1967, § 25-19-101 et seq.” in (c)(1).

Subchapter 6 — Arkansas Whistle-Blower Act

Effective Dates. Acts 2005, No. 2190, § 24: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the services of the county boards of education are no longer needed by the school districts; that there will be no funding available for the operation of the county boards of education; and that this act is immediately necessary because county boards of education need sufficient authority to transfer functions, duties, and records prior the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-1-601. Title.

This subchapter shall be known and may be cited as the “Arkansas Whistle-Blower Act”.

History. Acts 1999, No. 1523, § 1.

Research References

ALR.

What Constitutes Activity of Private-Sector Employee Protected under State Whistleblower Protection Statute Covering Employee's “Report,” “Disclosure,” “Notification,” or the Like of Wrongdoing — Nature of Activity Reported. 36 A.L.R.6th 203.

What Constitutes Activity of Public or State Employee Protected under State Whistleblower Protection Statute Covering Employee's “Report,” “Disclosure,” “Notification,” or the Like of Wrongdoing — Nature of Activity Reported. 37 A.L.R.6th 137.

Construction and Application of Whistleblower Provision of Sarbanes-Oxley Act, 18 U.S.C. § 1514A(a)(1). 15 A.L.R. Fed. 2d 315.

Ark. L. Rev.

Robert C. Dalby, Comment: Too Plain to Be Misunderstood: Sovereign Immunity Under the Arkansas Constitution, 71 Ark. L. Rev. 761 (2019).

Case Notes

Constitutionality.

Per the holding in Board of Trustees v. Andrews, 2018 Ark. 12, to the extent the legislature subjected the State to liability in the Arkansas Whistle-Blower Act, § 21-1-601 et seq., it is prohibited by Ark. Const., Art. 5, § 20, and the circuit court erred when it denied defendant’s motion for judgment on the pleadings based on sovereign immunity. The General Assembly’s choice to abrogate sovereign immunity in the Arkansas Whistle-Blower Act is prohibited by the Arkansas Constitution. Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (2018).

No Violation Shown.

Police chief did not show a mayor violated the Arkansas Whistleblower Protection Act, § 21-1-601 et seq., by terminating the chief after the chief reported to the city attorney that the mayor ordered the chief to arrest an individual for a zoning violation because, even if the chief asserted a violation of a clearly established right, the chief did not show the mayor would have known the mayor violated such a right, as (1) the zoning violation provided a criminal penalty, and (2) the chief admitted knowing the individual violated the ordinance. Sullivan v. Coney, 2013 Ark. 222, 427 S.W.3d 682 (2013).

Sovereign Immunity.

Because former employee's claims for injunctive relief were unquestionably legal claims against the State of Arkansas, sovereign immunity barred his claims under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., and the state and federal constitutions against the state officials in their official capacities; and plaintiff's conclusory statements and bare allegations were insufficient to establish an illegal, unconstitutional, or ultra vires act such that sovereign immunity would not apply. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Arkansas Governor did not waive sovereign immunity by signing the Arkansas Whistle-Blower Act because the governor does not enact legislation. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Supreme Court of Arkansas declined to overturn Bd. of Trs. of Univ. of Ark. v. Andrews, 2018 Ark. 12. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Where former state employee alleged that he was terminated because he refused to violate the state policy to hire the most qualified individual for a position, and asserted claims under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., and the federal and state constitutions, the circuit court erred when it found that sovereign immunity barred plaintiff's claims against the state officials in their individual capacities; in their individual capacities, the state officials did not enjoy the immunity granted to the State under Ark. Const., Art. 5, § 20. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Cited: Crawford County v. Jones, 365 Ark. 585, 232 S.W.3d 433 (2006); City of Farmington v. Smith, 366 Ark. 473, 237 S.W.3d 1 (2006); Ark. Dep't of Health & Human Servs. v. Storey, 372 Ark. 23, 269 S.W.3d 803 (2007).

21-1-602. Definitions.

As used in this subchapter:

  1. “Adverse action” means to discharge, threaten, or otherwise discriminate or retaliate against a public employee in any manner that affects the employee's employment, including compensation, job location, rights, immunities, promotions, or privileges;
    1. “Appropriate authority” means:
      1. A state, county, or municipal government department, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or
      2. A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization.
    2. “Appropriate authority” includes, but is not limited to, the office of the Attorney General, the office of the Auditor of State, the Arkansas Ethics Commission, the Legislative Joint Auditing Committee and Arkansas Legislative Audit, and the offices of the various prosecuting attorneys having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste;
  2. “Communicate” means to give a verbal or written report to an appropriate authority;
    1. “Public employee” means a person who performs a full or part-time service for wages, salary, or other remuneration for a public employer.
    2. “Public employee” includes without limitation a state employee under § 21-1-610;
  3. “Public employer” means any of the following:
    1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
    2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
    3. The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and prosecuting attorneys' offices;
    4. An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
    5. A public school district, school, or an office or department of a public school district in Arkansas;
  4. “Violation” means an infraction or a breach which is not of a merely technical or minimal nature of a state statute or rule, of a political subdivision ordinance or regulation, or of a code of conduct or code of ethics designed to protect the interest of the public or a public employer;
  5. “Waste” means a public employer's conduct or omissions which result in substantial abuse, misuse, destruction, or loss of public funds, property, or manpower belonging to or derived from the state or local political subdivision's resources; and
  6. “Whistle-blower” means a person who witnesses or has evidence of a waste or violation while employed with a public employer and who communicates in good faith or testifies to the waste or violation, verbally or in writing, to one of the employee's superiors, to an agent of the public employer, or to an appropriate authority, provided that the communication is made prior to any adverse action by the employer.

History. Acts 1999, No. 1523, § 2; 2005, No. 2190, § 21; 2013, No. 211, § 1; 2019, No. 315, § 2316.

Amendments. The 2005 amendment deleted “county board of education or a” in (5)(E) and made minor stylistic changes.

The 2013 amendment rewrote (4).

The 2019 amendment substituted “rule” for “regulation” in (6).

Case Notes

Affirmative Defense.

Because the circuit court previously ruled that the employee violated multiple rules and policies, it was clear that his termination was the result of that misconduct and not related to any communication between the employee and the city administrator; that previous ruling did, in fact, establish the city's affirmative defense to the whistle-blower claim. Barrows v. City of Fort Smith, 2010 Ark. 73, 360 S.W.3d 117 (2010).

Jury Trial.

There were no undisputed facts that warranted proceeding to a jury trial; the circuit court determined as a matter of law that the city had an affirmative defense to the employee's whistle-blower claim in that his termination was the result of his violating departmental rules and policies. As the circuit court reasoned, the employee should not be allowed to force the city to prove that misconduct yet again. Barrows v. City of Fort Smith, 2010 Ark. 73, 360 S.W.3d 117 (2010).

Public Employee.

There was sufficient evidence that the employee was a public employee, because the employee was a person, and it was undisputed that he performed part-time services in exchange for wages from the Arkansas Department of Career Education, a public employer. State v. Means, 2013 Ark. 173, 426 S.W.3d 922 (2013).

In the nurse's action under the Arkansas Whistle-Blower Act, the trial court did not err by denying the motion for summary judgment of the Administrator of the Arkansas State Hospital and its employee based on sovereign immunity because the suit against the Administrator in his official capacity was in effect a suit against a public employer for which sovereign immunity was waived by this section. Smith v. Daniel, 2014 Ark. 519, 452 S.W.3d 575 (2014).

Public Employer.

Per the holding in Board of Trustees v. Andrews, 2018 Ark. 12, to the extent the legislature subjected the State to liability in the Arkansas Whistle-Blower Act, § 21-1-601 et seq., it is prohibited by Ark. Const., Art. 5, § 20, and the circuit court erred when it denied defendant’s motion for judgment on the pleadings based on sovereign immunity. The General Assembly’s choice to abrogate sovereign immunity in the Arkansas Whistle-Blower Act is prohibited by the Arkansas Constitution. Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (2018).

Law professor's Arkansas Whistle-Blower Act (AWBA) individual-capacity claims against state university officials were properly dismissed because the AWBA does not provide for suits against individuals. Steinbuch v. Univ. of Ark., 2019 Ark. 356, 589 S.W.3d 350 (2019).

Reporting.

Because terminated county employee's actions of reporting alleged misdeeds to quorum court members, sitting as a grievance committee, was reporting to the “appropriate authorities,” under subdivision (2)(A)(ii) of this section, evidence supporting terminated employee's claim under the Whistle-Blower Act created a question of fact and, thus, it was error for the trial court to have granted the county's motion for a directed verdict. Crawford County v. Jones, 365 Ark. 585, 232 S.W.3d 433 (2006).

Whistle-Blower.

Bullying and harassment do not amount to either a waste of public funds or a violation of the law for purposes of the Arkansas Whistle-Blower Act. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Cited: Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

21-1-603. Public employer conduct prohibited — Good faith communication.

    1. A public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority:
      1. The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or
      2. A violation or suspected violation of a law, rule, or regulation adopted under the law of this state or a political subdivision of the state.
    2. The communication shall be made at a time and in a manner which gives the public employer reasonable notice of need to correct the waste or violation.
    1. For purposes of subsection (a) of this section, a public employee communicates in good faith if there is a reasonable basis in fact for the communication of the existence of waste or of a violation.
    2. Good faith is lacking when the public employee does not have personal knowledge of a factual basis for the communication or when the public employee knew or reasonably should have known that the communication of the waste or of the violation was malicious, false, or frivolous.
  1. A public employer shall not take an adverse action against a public employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review.
  2. A public employer shall not take an adverse action against a public employee because an employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of laws of the state or a political subdivision of the state.
  3. A public employer shall not take an adverse action against a public employee because of a report of a loss of public funds under § 25-1-124.

History. Acts 1999, No. 1523, § 3; 2003, No. 601, § 1; 2015, No. 1103, § 1.

Amendments. The 2003 amendment added the subdivision designations in (a); in present (a)(1), inserted “public” preceding the third occurrence of “employee” and added “to an appropriate authority” at the end; in present (a)(1)(A), substituted “including” for “excluding” and inserted “administered or controlled by a public employer”; and deleted “to an appropriate authority” from the end of present (a)(1)(B).

The 2015 amendment added (e).

RESEARCH REFERENCES

ALR.

What constitutes activity of employee protected under state whistleblower protection statute covering employee's “report,” “disclosure,” “notification,” or the like of wrongdoing—Sufficiency of report. 10 A.L.R.6th 531.

What constitutes activity of employee, other than “reporting” wrongdoing, protected under state whistleblower protection statute. 13 A.L.R.6th 499.

What Constitutes Activity of Private-Sector Employee Protected under State Whistleblower Protection Statute Covering Employee's “Report,” “Disclosure,” “Notification,” or the Like of Wrongdoing — Nature of Activity Reported. 36 A.L.R.6th 203.

What Constitutes Activity of Public or State Employee Protected under State Whistleblower Protection Statute Covering Employee's “Report,” “Disclosure,” “Notification,” or the Like of Wrongdoing — Nature of Activity Reported. 37 A.L.R.6th 137.

Ark. L. Notes.

Norwood, The At-Will Doctrine Twenty Years After Gladden and Sterling Drug, 2008 Ark. L. Notes 55.

Case Notes

Affirmative Defense.

Because the circuit court previously ruled that the employee violated multiple rules and policies, it was clear that his termination was the result of that misconduct and not related to any communication between the employee and the city administrator; that previous ruling did, in fact, establish the city's affirmative defense to the whistle-blower claim. Barrows v. City of Fort Smith, 2010 Ark. 73, 360 S.W.3d 117 (2010).

Teacher did not have a cause of action against a school district under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., because the teacher was terminated for misconduct — insubordination, inappropriate and offensive behavior, and making defamatory statements, rather than for any statements he made under the Act. The teacher offered no proof whatsoever of any retaliation or that the reasons given for his termination were a pretext. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Circuit court erred in denying a university's motion to dismiss because a terminated employee failed to state facts that would entitle him to relief under the Arkansas Whistle-Blower Act (AWBA), § 21-1-601 et seq., and that would constitute a waiver of sovereign immunity under that statute. Because the complaint did not identify any conduct attributable to the university's board of trustees that violated the AWBA, no exception to sovereign immunity existed, and the suit was barred by the doctrine of sovereign immunity. Johnson v. Butler, 2016 Ark. 253, 494 S.W.3d 412 (2016).

Circuit court properly granted a city and police officers summary judgment because an employee failed to demonstrate the existence of a genuine issue of material fact that he was not terminated for poor job performance; the city and officers presented the employee's deposition testimony in which he admitted to various performance issues, and the chief of police stated he terminated the employee based on information he received from the employee's chain of command. Entmeier v. City of Fort Smith, 2016 Ark. App. 517 (2016).

Causal Connection.

Summary judgment on an employee's claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., was improper because reasonable minds could determine there was evidence connecting the employee's whistle-blowing communication to the adverse actions he incurred; the employee became the subject of internal investigations almost immediately after his whistle-blowing communication and he presented evidence supporting a causal connection. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Circuit court erred in granting a city and the chief of the police department summary judgment on an employee's claim under the Arkansas Whistle-Blower Act because reasonable minds could conclude that the adverse actions the employee suffered were a result of his whistle-blowing communication; evidence showed that the chief may not have been a neutral arbiter during the investigatory proceedings against the employee. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Although the third employee had established an issue of fact as to whether he was a whistle-blower in connection with his report on improper overtime usage, summary judgment was properly granted against him as he failed to offer evidence linking his formal reprimand to his alleged whistle-blowing communication; the employee therefore failed to meet defendants' evidence that the disciplinary measures he received were the result of employee misconduct or poor work performance and were not retaliatory. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Public Employee.

There was sufficient evidence that the employee was a public employee, because the employee was a person, and it was undisputed that he performed part-time services in exchange for wages from the Arkansas Department of Career Education, a public employer. State v. Means, 2013 Ark. 173, 426 S.W.3d 922 (2013).

Public Employer.

Law professor's Arkansas Whistle-Blower Act (AWBA) individual-capacity claims against state university officials were properly dismissed because the AWBA does not provide for suits against individuals. Steinbuch v. Univ. of Ark., 2019 Ark. 356, 589 S.W.3d 350 (2019).

21-1-604. Civil liability — Definition.

  1. A public employee who alleges a violation of this subchapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) calendar days after the occurrence of the alleged violation of this subchapter.
  2. An action commenced under this section may be brought in the circuit court for the county where the alleged violation occurred, for the county where the complainant resides, or in the Pulaski County Circuit Court if the complaint is filed against an agency, department, or institution of state government.
  3. To prevail in an action brought under the authority of this section, the public employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee or a person acting on his or her behalf engaged or intended to engage in an activity protected under this subchapter.
  4. As used in this section, “damages” means damages for a job-related injury or loss caused by each violation of this subchapter, including, but not limited to, fringe benefits, retirement service credit, compensation for lost wages, benefits, and any other remuneration, and reasonable court costs and attorney's fees.
    1. A public employer shall have an affirmative defense to a civil action brought by a public employee under this subchapter if the adverse action taken against a public employee was due to employee misconduct, poor job performance, or a reduction in workforce unrelated to a communication made pursuant to § 21-1-603.
    2. The public employer must prove the existence of the public employee's misconduct unrelated to the communication by a preponderance of the evidence.
    1. In the event the Office of Personnel Management implements an employee grievance mediation program, a public employee or public employer may voluntarily participate in mediation under the office's mediation program if either one wishes to resolve a dispute between them that involves an adverse action taken against the public employee.
    2. Voluntary mediation shall occur before a civil action in which the public employee and public employer are parties has been initiated in a court.
    3. The Secretary of the Department of Transformation and Shared Services shall adopt voluntary mediation application and request forms.

History. Acts 1999, No. 1523, § 4; 2019, No. 910, § 6121.

Amendments. The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (f)(3).

Case Notes

Constitutionality.

Per the holding in Board of Trustees v. Andrews, 2018 Ark. 12, to the extent the legislature subjected the State to liability in the Arkansas Whistle-Blower Act, § 21-1-601 et seq., it is prohibited by Ark. Const., Art. 5, § 20, and the circuit court erred when it denied defendant’s motion for judgment on the pleadings based on sovereign immunity. The General Assembly’s choice to abrogate sovereign immunity in the Arkansas Whistle-Blower Act is prohibited by the Arkansas Constitution. Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (2018).

Evidence.

Because terminated county employee's actions of reporting alleged misdeeds to quorum court members, sitting as a grievance committee, was reporting to the “appropriate authorities,” under § 21-1-602(2)(A)(ii), evidence supporting terminated employee's claim under the Whistle-Blower Act created a question of fact and, thus, it was error for the trial court to have granted the county's motion for a directed verdict. Crawford County v. Jones, 365 Ark. 585, 232 S.W.3d 433 (2006).

Summary judgment on an employee's claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., was improper because reasonable minds could determine there was evidence connecting the employee's whistle-blowing communication to the adverse actions he incurred; the employee became the subject of internal investigations almost immediately after his whistle-blowing communication and he presented evidence supporting a causal connection. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Circuit court erred in granting a city and the chief of the police department summary judgment on an employee's claim under the Arkansas Whistle-Blower Act because reasonable minds could conclude that the adverse actions the employee suffered were a result of his whistle-blowing communication; evidence showed that the chief may not have been a neutral arbiter during the investigatory proceedings against the employee. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

Although the third employee had established an issue of fact as to whether he was a whistle-blower in connection with his report on improper overtime usage, summary judgment was properly granted against him as he failed to offer evidence linking his formal reprimand to his alleged whistle-blowing communication; the employee therefore failed to meet defendants' evidence that the disciplinary measures he received were the result of employee misconduct or poor work performance and were not retaliatory. Bales v. City of Fort Smith, 2016 Ark. App. 491 (2016) (substituted op. on reh'g).

No Violation.

Teacher did not have a cause of action against a school district under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., because the teacher was terminated for misconduct — insubordination, inappropriate and offensive behavior, and making defamatory statements, rather than for any statements he made under the Act. The teacher offered no proof whatsoever of any retaliation or that the reasons given for his termination were a pretext. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Circuit court did not err in dismissing the whistle-blower claims where a former employee failed to provide any proof that her suspension and termination were the result of reporting the transit director's alleged theft, rather than the stated insubordination and budget cuts, and another employee had testified that his problems at work began before he reported the director's alleged theft. Fennell v. City of Pine Bluff, 2016 Ark. App. 275, 492 S.W.3d 887 (2016).

Circuit court properly granted a city and police officers summary judgment because an employee failed to demonstrate the existence of a genuine issue of material fact that he was not terminated for poor job performance; the city and officers presented the employee's deposition testimony in which he admitted to various performance issues, and the chief of police stated he terminated the employee based on information he received from the employee's chain of command. Entmeier v. City of Fort Smith, 2016 Ark. App. 517 (2016).

Statute of Limitations.

Whistleblower retaliation suit under False Claims Act (FCA) was not time-barred by 180-day limit applied to Arkansas public employee whistleblowers because protections of FCA extend to any employee, not just those in public sector, and other state statutes with longer limitations periods were more closely analogous. Townsend v. Bayer Corp., 774 F.3d 446 (8th Cir. 2014).

Cited: Barrows v. City of Fort Smith, 2010 Ark. 73, 360 S.W.3d 117 (2010).

21-1-605. Remedies.

  1. A court in rendering judgment under this subchapter may order any or all of the following remedies:
    1. An injunction to restrain continued violation of the provisions of this subchapter;
    2. The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;
    3. The reinstatement of full fringe benefits and retirement service credit;
    4. The compensation for lost wages, benefits, and any other remuneration; or
    5. The payment by the public employer of reasonable court costs and attorney's fees.
    1. A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter.
    2. If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603, the court shall order that the public employee be:
      1. Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or
      2. Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.

History. Acts 1999, No. 1523, § 5; 2017, No. 791, § 1.

Amendments. The 2017 amendment added (b); designated the existing language as (a); and added “or” at the end of (a)(4).

Research References

Ark. L. Rev.

Robert C. Dalby, Comment: Too Plain to Be Misunderstood: Sovereign Immunity Under the Arkansas Constitution, 71 Ark. L. Rev. 761 (2019).

Case Notes

Constitutionality.

Per the holding in Board of Trustees v. Andrews, 2018 Ark. 12, to the extent the legislature subjected the State to liability in the Arkansas Whistle-Blower Act, § 21-1-601 et seq., it is prohibited by Ark. Const., Art. 5, § 20, and the circuit court erred when it denied defendant’s motion for judgment on the pleadings based on sovereign immunity. The General Assembly’s choice to abrogate sovereign immunity in the Arkansas Whistle-Blower Act is prohibited by the Arkansas Constitution. Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (2018).

Applicability.

Employee who prevailed on appeal of a postjudgment order related to judgments entered pursuant to the Whistle-Blower Act, subdivision (5) of this section, was denied attorneys' fees under the act because the judgment on appeal was not rendered under this act, but rather was decided based primarily on federal and state income tax law. Arkansas Dep't of Health & Human Servs. v. Storey, 372 Ark. 175, 271 S.W.3d 500 (2008).

Sovereign Immunity.

Because former employee's claims for injunctive relief were unquestionably legal claims against the State of Arkansas, sovereign immunity barred his claims under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., and the state and federal constitutions against the state officials in their official capacities; and plaintiff's conclusory statements and bare allegations were insufficient to establish an illegal, unconstitutional, or ultra vires act such that sovereign immunity would not apply. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Arkansas Governor did not waive sovereign immunity by signing the Arkansas Whistle-Blower Act because the governor does not enact legislation. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Supreme Court of Arkansas declined to overturn Bd. of Trs. of Univ. of Ark. v. Andrews, 2018 Ark. 12. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Where former state employee alleged that he was terminated because he refused to violate the state policy to hire the most qualified individual for a position, and asserted claims under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., and the federal and state constitutions, the circuit court erred when it found that sovereign immunity barred plaintiff's claims against the state officials in their individual capacities; in their individual capacities, the state officials did not enjoy the immunity granted to the State under Ark. Const., Art. 5, § 20. Harris v. Hutchinson, 2020 Ark. 3, 591 S.W.3d 778 (2020).

Cited: Crawford County v. Jones, 365 Ark. 585, 232 S.W.3d 433 (2006).

21-1-606. Attorney's fees.

  1. A court may order that reasonable attorney's fees and court costs be awarded to an employer if the court determines that an action brought by a public employee under this subchapter is without basis in law or fact.
  2. A public employee shall not be assessed attorney's fees under this section if, after exercising reasonable and diligent efforts after filing the suit, the public employee files a voluntary nonsuit concerning the employer within sixty (60) calendar days after determining that the employer would not be liable for damages.

History. Acts 1999, No. 1523, § 6.

Case Notes

Constitutionality.

Per the holding in Board of Trustees v. Andrews, 2018 Ark. 12, to the extent the legislature subjected the State to liability in the Arkansas Whistle-Blower Act, § 21-1-601 et seq., it is prohibited by Ark. Const., Art. 5, § 20, and the circuit court erred when it denied defendant’s motion for judgment on the pleadings based on sovereign immunity. The General Assembly’s choice to abrogate sovereign immunity in the Arkansas Whistle-Blower Act is prohibited by the Arkansas Constitution. Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (2018).

21-1-607. Protection of confidentiality.

  1. This subchapter shall not be construed to permit a disclosure which would diminish or impair the rights of any person or any public official to the continued protection of confidentiality of records or working papers where a statute or the common law provides for protection.
    1. All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivisions (b)(2) and (3) of this section.
    2. Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law.
    3. This section does not apply to the name and identifying information of a state employee eligible to receive a reward under § 21-1-610 who does not request confidentiality under § 21-1-610(g).
  2. This section applies without limitation to communications regarding the existence of waste or of a violation received by a telephone hotline allowing for the reporting of fraud, waste, or abuse in government.

History. Acts 1999, No. 1523, § 7; 2015, No. 1103, § 2.

Amendments. The 2015 amendment added the (a) designation; and added (b) and (c).

21-1-608. Notification of rights.

  1. A public employer shall use appropriate means to notify its public employees of their protection and obligations under this subchapter.
    1. A public employer shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (8½" x 11") in size that:
      1. Informs a public employee of the provisions of this subchapter;
      2. Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and
      3. If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline.
    2. Arkansas Legislative Audit shall:
      1. Prepare the printed sign under subdivision (b)(1) of this section; and
      2. Make the sign available electronically on its Internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section.

History. Acts 1999, No. 1523, § 8; 2015, No. 1103, § 3.

Amendments. The 2015 amendment added the (a) designation; and added (b).

Case Notes

Sovereign Immunity.

State university's provision of statutorily required notice of employees’ rights under the Arkansas Whistle-Blower Act did not waive the university’s sovereign immunity; providing the notice did not voluntarily abandon a known right because the university was required by statute to notify employees. Steinbuch v. Univ. of Ark., 2019 Ark. 356, 589 S.W.3d 350 (2019).

21-1-609. [Repealed.]

Publisher's Notes. This section, concerning the severability of the subchapter, was repealed by Acts 2005, No. 1962, § 94. The section was derived from Acts 1999, No. 1523, § 9.

21-1-610. Reward to state employee when communication of waste or violation results in savings of state funds — Definitions.

  1. As used in this section:
    1. “State employee” means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and
    2. “State employer” means:
      1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the:
        1. Offices of the various Arkansas elected constitutional officers; and
        2. General Assembly and its agencies, bureaus, and divisions; or
      2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.
  2. A state employee making a communication under § 21-1-603 shall be eligible to receive a reward in an amount equal to ten percent (10%) of any savings in state funds attributable to changes made based on a communication under § 21-1-603.
  3. Except as provided in subsection (g) of this section, upon the resolution of a matter communicated to an appropriate authority under § 21-1-603, the appropriate authority shall provide a written report detailing the content of the communication and the outcome of the communication to the:
    1. State employee who made the communication; and
    2. State employer that was the subject of the communication.
  4. After receiving a written report under subsection (c) of this section, a state employer shall:
    1. Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and
      1. Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing:
        1. The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented;
        2. The name of the state employee who made the communication resulting in the savings of state funds; and
        3. The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report.
      2. A report under subdivision (d)(2)(A) of this section shall be submitted to the:
        1. Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee;
        2. State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and
        3. Clerk of the Arkansas State Claims Commission.
    1. A state employee may appeal to the Arkansas State Claims Commission in the same manner for filing a claim under § 19-10-208 if the state employee believes that:
      1. A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603; or
      2. The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee.
    2. A state employee who pursues an appeal under subdivision (e)(1) of this section is granted the same protection provided to a public employee under § 21-1-603.
      1. A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section.
      2. An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission.
    3. In an appeal to the commission, a state employee shall have the burden of proving by a preponderance of the evidence that the:
      1. Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603; or
      2. State employer did not accurately assess the determination of a reward under this section.
      1. The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee.
        1. Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision.
        2. The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission.
        3. When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.
      1. Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee.
      2. Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee.
      1. No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500).
      2. If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation.
      3. If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer.
    1. A state employee wishing to maintain confidentiality under § 21-1-607 or who otherwise chooses to forego a reward under this section shall request to the appropriate authority that the report under subsection (c) of this section not include the state employee's name or identifying information.
    2. A state employee making a request under subdivision (g)(1) of this section shall not receive a reward under this section.
    3. The name and identifying information of a state employee who requests confidentiality under subdivision (g)(1) of this section is not disclosable under applicable state or federal law.
    1. Except as provided in subdivisions (h)(2) and (3) of this section, a reward under this section shall not be payable for a communication made by a state employee in the normal course of the state employee's job duties.
    2. If a communication in the normal course of a state employee's job duties detailing waste or a violation is not acted upon by the state employer within ninety (90) days, the state employee may make a communication under § 21-1-603 to an appropriate authority and be eligible for a reward under this section.
    3. A report by a state employee of a loss of public funds under § 25-1-124 shall be considered a communication in the normal course of the state employee's job duties if the state employee:
      1. Handles or exerts control over the funds of the state employer;
      2. Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or
      3. Is responsible for auditing the funds of the state employer.

History. Acts 2013, No. 211, § 2; 2013, No. 1080, § 1; 2015, No. 1103, § 4.

Amendments. The 2013 amendment substituted “is not disclosable under applicable state or federal law” for “shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.” in (g)(3).

The 2015 amendment, in (h)(1), substituted “subdivisions” for “subdivision” and inserted “and (3)”; and added (h)(3).

Subchapter 7 — State Employee Grievances

A.C.R.C. Notes. Acts 2013, No. 1448, § 2, provided: “The Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration shall begin offering nonbinding mediation under this act on July 1, 2014.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-1-701. Definitions.

As used in this subchapter:

    1. “Employee” means a person regularly appointed or employed in a position of state service by a state agency for which:
      1. He or she is compensated on a full-time basis or on a pro rata basis; and
      2. A class title and pay grade are established in the appropriation act for the agency or institution in accordance with the Uniform Classification and Compensation Act, § 21-5-201 et seq.
    2. “Employee” does not include a supervisory employee;
  1. “Grievance” means an employee's complaint resulting from a termination or suspension;
    1. “State agency” means a board, commission, department, division, or office of state government within the executive branch.
    2. “State agency” does not include:
      1. An institution of higher education;
      2. A public school district;
      3. The Arkansas Department of Transportation; and
      4. The Arkansas State Game and Fish Commission; and
  2. “Supervisory employee” means an individual having:
    1. Authority in the interest of a state agency to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees of the state agency; or
    2. If his or her exercise of authority requires the use of independent judgment and is not of a merely routine or clerical nature, the responsibility to direct other employees of the state agency by which he or she is employed.

History. Acts 2013, No. 1448, § 1; 2017, No. 707, § 66; 2019, No. 1054, § 1.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (6)(B)(iii).

The 2019 amendment deleted former (1) through (3), (5), (8), and (9); inserted present (2); and redesignated the remaining subdivisions accordingly.

21-1-702. Grievances.

  1. The Office of Personnel Management shall establish a procedure for the filing, hearing, adjudication, and appeal of grievances by state agencies.
    1. An employee of a state agency may file a grievance under this subchapter if his or her termination or suspension from employment was inconsistent with the terminating or suspending state agency's disciplinary policy.
    2. At the hearing on or appeal of the grievance filed under this subchapter, the sole issue for the trier of fact shall be whether the state agency's decision concerning termination or suspension was consistent with the state agency's disciplinary policy.
      1. The procedure established under subsection (a) of this section shall provide without limitation that an employee be afforded a hearing within fifteen (15) business days of the filing of his or her appeal if the employee alleges that he or she was terminated by a state agency for the following actions under § 21-1-603:
        1. Communicating in good faith to an appropriate authority:
          1. The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or
          2. A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state;
        2. Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review;
        3. Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or
        4. Reporting a loss of public funds under § 25-1-124.
      2. A hearing under subdivision (c)(1)(A) of this section shall take place before the occurrence of a state agency hearing pursuant to the grievance filed by the person.
          1. An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section.
          2. Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision.
        1. If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section.
    1. If the employee demonstrates at the hearing that a reasonable person would conclude that the state agency terminated the employee as a result of the employee's activities under subdivisions (c)(1)(A)(i)-(iv) of this section, the employee shall be:
      1. Reinstated to his or her position until the conclusion of the grievance review procedure under this section; or
      2. Reinstated to his or her position and placed on administrative leave until the conclusion of the grievance review procedure under this section.
    2. An employee filing an appeal of a grievance decision under this section does not waive his or her right to file a claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq.

History. Acts 2013, No. 1448, § 1; 2019, No. 1054, § 1.

Amendments. The 2019 amendment added (b) and (c) and designated the former provisions as (a).

21-1-703. [Repealed.]

Publisher's Notes. This section, concerning appeals of grievance decisions, was repealed by Acts 2019, No. 1054, § 1, effective July 24, 2019. The section was derived from Acts 2013, No. 1448, § 1; 2017, No. 791, § 2.

For current law, see § 21-1-702.

21-1-704. [Repealed.]

A.C.R.C. Notes. The amendment of this section by Acts 2019, No. 910, is superseded by the repeal of this section by Acts 2019, No. 1054. Acts 2019, No. 910, § 3490, amended subdivision (c)(2)(A)(ii) to read as follows: “(ii) The mediator shall report within ten (10) business days of the nonbinding mediation his or her suggested resolution to the Secretary of the Department of Finance and Administration.”

Acts 2019, No. 910, § 6122, amended subdivision (c)(2)(A)(ii) to read as follows: “(ii) The mediator shall report within ten (10) business days of the nonbinding mediation his or her suggested resolution to the Secretary of the Department of Transformation and Shared Services.”

Publisher's Notes. This section, concerning nonbinding mediation, was repealed by Acts 2019, No. 1054, § 1, effective July 24, 2019. The section was derived from Acts 2013, No. 1448, § 1; 2017, No. 791, § 3; 2019, No. 910, §§ 3490, 6122.

Chapter 2 Commission, Oath, And Bond

Research References

Am. Jur. 63C Am. Jur. 2d, Pub. Off., § 123 et seq.

C.J.S. 67 C.J.S., Officers, § 70 et seq.

Subchapter 1 — General Provisions

A.C.R.C. Notes. Provisions of this subchapter concerning bonds may be affected by subchapter 7 of this chapter. Subchapter 7 of this chapter establishes a Self-Insured Fidelity Bond Program for state, county, municipal, and school district officials and employees.

Cross References. Fees for issuing commissions, § 21-6-202.

Form of oath, Ark. Const., Art. 19, § 20.

Recording in recorder's office, § 14-15-402.

Sureties on official bonds, Ark. Const. Amend. 4.

Effective Dates. Acts 1845, § 5, p. 61: effective on passage.

Acts 1875, No. 77, § 53: effective on passage.

Acts 1875 (Adj. Sess.), No. 21, § 3: effective on passage.

Acts 1881, No. 40, § 3: effective on passage.

Acts 1883, No. 50, § 4: effective on passage.

Acts 1899, No. 14, § 2: effective on passage.

Acts 1927, No. 85, § 5: effective on passage.

Acts 1937, No. 329, § 10: Jan. 1, 1939.

Acts 1939, No. 89, § 3: Feb. 15, 1939.

Acts 1945, No. 3, § 4: approved Jan. 17, 1945. Emergency clause provided: “That because many persons of this State are now in the armed forces of the United States and are now located in the various States of the United States, as well as in many foreign countries, and are unable to comply with the technical requirements of the Arkansas laws as to the taking of oaths of office, an emergency is declared to exist and this Act shall be in full force and effect from and after its passage.”

Acts 1945, No. 5, § 4: approved Jan. 26, 1945. Emergency clause provided: “Whereas, many officers and officers-elect of the State and county offices in the State of Arkansas are beyond the boundaries of this State and engaged in the military service of the United States and great confusion and difficulty exists on account of the uncertainty as to how the official oath may be taken by such persons and when their bonds may be executed and filed, and whereas it is necessary for the orderly carrying on of the State and County Governments and the preservation of the public peace, health and safety that there be no uncertainty regarding the validity of the official oaths and bonds of such officers, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage.”

Acts 1977, No. 531, § 2: Mar. 18, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that it would greatly facilitate the requirements that various public officials take an oath of office for their respective office if the Secretary of State and/or his official designee had the ability and authority to administer said oaths, that it is essential to the proper and efficient administration of state government that said authority designed to grant that authority and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1023, § 5: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1186 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

21-2-101. Officers commissioned by Governor.

Each Justice of the Supreme Court, judge of a circuit court, presiding judge of a county court, the Secretary of State, the Auditor of State, prosecuting attorney, sheriff, coroner, clerk of a circuit court, county treasurer, county surveyor, notary public, justice of the peace, judge of a district court, mayor of a city or town, and militia officer elected or appointed in this state shall be commissioned by the Governor.

History. Rev. Stat., ch. 27, § 1; C. & M. Dig., § 1428; Pope's Dig., § 1675; Acts 1955, No. 24, § 1; A.S.A. 1947, § 12-201.

A.C.R.C. Notes. This section was enacted before the establishment of the Court of Appeals in 1979.

Cross References. Issuance of commissions, Ark. Const., Art. 6, § 10.

Officers commissioned by Governor, Ark. Const., Art. 7, § 48.

Secretary of State to attest commissions issued by Governor, § 25-16-403.

Case Notes

De Facto Officers.

A commission constitutes one an officer de facto. It is superseded upon the issuance of a commission to another who has been legally elected to fill the office. State v. Johnson, 17 Ark. 407 (1856).

What constitutes color of title by election, appointment, or commission is not essential as between other parties to constitute one an officer de facto. Pierce v. Edington, 38 Ark. 150 (1881).

21-2-102. Commission fee and duplicate oath to be forwarded to Secretary of State.

    1. With the exception of judges elected at the nonpartisan judicial general election without a runoff, all civil and military state and county officers who are required by law to be commissioned by the Governor are required to forward the legal fee for their commissions to the Secretary of State within sixty (60) days after their election.
    2. All judges elected at the nonpartisan judicial general election without a runoff are required to forward the legal fee for their commissions to the Secretary of State within sixty (60) days after the November general election.
    3. Within fifteen (15) days after the commissions have been received, the officers shall forward their duplicate oaths to the Secretary of State to be recorded and filed in his or her office.
    1. In case any officer, elected or appointed and commissioned by the Governor, shall fail or neglect to apply for or procure his or her commission from the office of the Secretary of State within the time specified in subsection (a) of this section or shall, after the commission has been obtained, fail or neglect to forward to the office of the Secretary of State his or her duplicate oath for recordation in that office, within the time specified, then the office to which that person was commissioned shall be deemed vacant.
    2. The Governor, on being satisfied from the official records of the office of the Secretary of State, by reason of any of the causes enumerated in this section, shall proceed to fill the vacancy in the manner provided by law.

History. Acts 1875 (Adj. Sess.), No. 21, §§ 1, 2, p. 22; C. & M. Dig., §§ 1430, 1431; Pope's Dig., §§ 1677, 1678; A.S.A. 1947, §§ 12-202, 12-206; Acts 2003, No. 1298, § 1.

Amendments. The 2003 amendment, in (a)(1), substituted “With the exception … and military” for “All” and deleted “both civil and military” following “officers”; added (a)(2); redesignated former (a)(2) as present (a)(3); and made stylistic and gender neutral changes.

Case Notes

Constitutionality.

Subsection (a) of this section is constitutional. Boyett v. Cowling, 78 Ark. 494, 94 S.W. 682 (1906).

21-2-103. Sending commission fees directly to Treasurer of State — Issuance of commission.

  1. Any officer entitled to a commission may send the fee for the commission to the Treasurer of State, who shall at once execute duplicate receipts for the fee.
    1. The Treasurer of State shall present the receipts to the Auditor of State, who shall countersign them and charge the amount therein specified to the Treasurer of State.
    2. The Treasurer of State shall then file one (1) of the receipts with the Auditor of State and the other with the Secretary of State, and the Secretary of State shall immediately forward the commission to the officer.

History. Acts 1883, No. 50, § 3, p. 73; C. & M. Dig., § 1429; Pope's Dig., § 1676; A.S.A. 1947, § 12-205.

21-2-104. District, county, and township officers — Issuance of commissions — Collection of fees.

    1. The Secretary of State is authorized, after each general election in this state, and as soon as the full returns of the election in any county are received by him or her, to issue and forward the commissions of all the newly elected district, county, and township officers required by law to be commissioned to the county or circuit clerks of the respective counties for delivery to the person entitled to them.
    2. The clerks shall collect the fees required to be paid for the commissions, before the delivery thereof, and return the fee, or the commissions when default is made, to the Secretary of State.
    3. The Secretary of State shall account for the fee to the State Treasury as directed in § 21-6-202.
  1. It shall be the duty of the county clerk, upon receipt of the commissions from the Secretary of State for the several officers of his or her county, to notify each elected officer of the receipt of the commission and to enter the commission in a well-bound book which shall be kept for that purpose and shall be ruled and divided into columns in the following order:
    1. Name of officer;
    2. Title of office;
    3. Date of commission;
    4. Date of qualification; and
    5. Mailing address.

History. Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, §§ 1, 2, p. 73; A.S.A. 1947, §§ 12-203, 12-204.

21-2-105. Administration of oaths generally.

    1. The Governor shall take the oath of office before:
      1. A justice or judge of the:
        1. Supreme Court;
        2. Court of Appeals; or
        3. Circuit court;
      2. The county clerk; or
      3. The clerk of the circuit court.
    2. The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before:
      1. The Governor;
      2. A justice or judge of the:
        1. Supreme Court;
        2. Court of Appeals; or
        3. Circuit court;
      3. The clerk of the county court; or
      4. The clerk of the circuit court.
    3. All other officers, both civil and military, shall take their oaths before:
      1. The Secretary of State or his or her official designee;
      2. A justice or judge of the:
        1. Supreme Court;
        2. Court of Appeals;
        3. Circuit court;
        4. District court; or
        5. County court;
      3. The clerk of the county court;
      4. The clerk of the circuit court;
      5. A justice of the peace;
      6. A clerk of a city of the first class; or
      7. A recorder of a city of the second class or incorporated town.
  1. However, if the officer is serving in or with the United States Armed Forces, he or she may take the oath of office before any commissioned officer in active service of the United States Armed Forces with the rank of second lieutenant or higher in the United States Army, United States Air Force, or United States Marine Corps, or ensign or higher in the United States Navy or United States Coast Guard.
  2. The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section.
    1. If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor.
    2. Upon the completion of the oath:
      1. The outgoing officer immediately vacates his or her position; and
      2. The incoming officer assumes all the rights, privileges, and duties of his or her respective office.

History. Rev. Stat., ch. 106, § 1; Acts 1845, § 1, p. 61; C. & M. Dig., § 8074; Pope's Dig., § 10403; Acts 1945, No. 3, § 1; 1977, No. 531, § 1; A.S.A. 1947, § 12-207; Acts 1999, No. 641, § 1; 2009, No. 633, § 19; 2011, No. 582, § 1; 2011, No. 612, § 1; 2019, No. 194, § 1.

Amendments. The 1999 amendment inserted “Air Force” in (b); substituted “or” for “nor” in (c); and made minor punctuation changes.

The 2009 amendment inserted “judges of the Court of Appeals” and “judges of the district courts” in (a)(2), and made related changes.

The 2011 amendment by No. 582 rewrote (a).

The 2011 amendment by No. 612 added (d).

The 2019 amendment added (a)(3)(F) and (a)(3)(G).

Case Notes

Administration by Municipal Court Clerk.

Although a municipal court clerk can administer oaths under § 16-17-211, subdivision (a)(3) dictates that a municipal judge can only receive his oath of office from certain designated persons, who do not include a municipal court clerk. City of Crossett v. Switzer, 302 Ark. 239, 788 S.W.2d 738 (1990) (decision under prior law).

21-2-106. Endorsement of oath on commission.

  1. It shall be the duty of every officer administering the oath of office to any officer of this state to endorse the oath on the commission of the officer.
  2. However, if the officer is serving in or with the United States Armed Forces at the time his or her oath is taken and the oath is taken before a commissioned officer in the manner provided in § 21-2-105, the oath may be attached to the commission of the officer whose oath is taken in lieu of being endorsed thereon.

History. Rev. Stat., ch. 106, § 4; C. & M. Dig., § 8075; Pope's Dig., § 10404; Acts 1945, No. 3, § 2; A.S.A. 1947, § 12-208.

21-2-107. Bonds of state, county, and district officers generally.

  1. The official bonds of all state, county, and district officers required by law to furnish official bonds shall be executed by those officials as principal and shall be executed by some surety company authorized to do business in Arkansas as surety.
    1. The official bonds of all state officers covered by subsection (a) of this section shall be filed in the offices of the Secretary of State and the Auditor of State, with the original's being filed in the office of the Secretary of State and a true and correct copy thereof filed in the office of the Auditor of State.
    2. The official bonds of all county officers covered by subsection (a) of this section shall be filed in the office of the recorder in the county in which the officers are elected or appointed.
    3. The official bonds of all district officers covered by subsection (a) of this section shall be filed in the office of the recorder of the county in which the district officer resides.
  2. The recorders of the various counties whose duty it is to file the bonds under the provisions of this section, shall maintain a special record book and shall record therein each official bond filed as provided in this section.
  3. When the original of any bond provided for or covered by this section shall be lost or destroyed, the record of the bond provided for in this section shall be deemed the original, and suit may be instituted on the recorded bond.
  4. When any bond is required of any officer as described in subsection (a) of this section, then the Governor, county judge, mayor, or board of directors of the political entity affected may, in their discretion, make an order providing that the State Treasury or the treasury of a county, city, town, or district shall be drawn upon for the purpose of paying, and in such amount as may be necessary to pay, the expenses of premiums of surety bonds required by this section.
  5. This section is cumulative and supplemental to all existing statutes. It shall repeal, alter, or modify them only where in direct conflict therewith.

History. Acts 1937, No. 329, §§ 1-7, 9; Pope's Dig., §§ 10415-10421, 10423; Acts 1939, No. 89, § 1; A.S.A. 1947, §§ 12-212 — 12-219.

Case Notes

Constitutionality.

This section does not offend against constitutional provision relating to sureties on official bonds. Gower v. Looney, 199 Ark. 272, 133 S.W.2d 451 (1939).

Mandatory Nature.

This section is mandatory, and a bond not in compliance with this section in that it was signed by individuals was without validity. Gower v. Looney, 199 Ark. 272, 133 S.W.2d 451 (1939).

21-2-108. Duration of bond.

All official bonds shall be executed for a definite period not to exceed two (2) years.

History. Acts 1975, No. 331, § 3; A.S.A. 1947, § 12-240.

21-2-109. Payment of premium on bonds.

If state, county, or city officials, including officials of incorporated towns, required to give bond for the faithful performance of their duties and the paying over of funds which may come into their hands shall elect to make a corporate surety bond in a guaranty or bonding company authorized to do business within the state, then the state, county, city, or incorporated town, as the case may be, shall pay the premium on the bonds.

History. Acts 1927, No. 85, § 1; Pope's Dig., § 10439; A.S.A. 1947, § 12-220.

21-2-110. Liability of surety generally.

The surety on an official's bond shall be liable for losses or other liabilities covered by the bond which occur within the term to which the bond applies, regardless of when the loss or liability is discovered.

History. Acts 1975, No. 331, § 2; A.S.A. 1947, § 12-239.

21-2-111. Discharge of sureties on official bonds.

    1. Any person bound as surety in any bond given by an officer for the faithful performance of the duties of his or her office, whether the office is held under an election or an appointment by the laws of the state or by any ordinance or resolution of any municipal corporation in this state, or by appointment by a board of any municipal corporation in this state, may be discharged from all future liability on the official bond upon his or her petition in writing adduced to the court authorized by law to take and approve the official bond.
    2. In the event the bond is not required to be approved by a particular court, then his or her petition in writing shall be adduced to the circuit court of the county in which the bond is given and required to be filed.
  1. The petition shall set forth the facts upon which the application for a discharge is founded and shall be verified by the affidavit of the petitioner.
    1. A notice in writing of the intended application, together with a copy of the petition, shall be personally served on the principal in the bond at least twenty (20) days before the making of the application.
    2. If the principal in the bond has been absent from the state for the period of six (6) months, the publication of notice and petition, for three (3) successive weeks, in some newspaper printed in this state shall be a sufficient service of notice.
    1. The court to whom the petition is addressed shall hear the application and may, on examination thereof, in its discretion, make an order requiring the principal in the bond to give new bond and security for the performance of his or her official duties.
    2. If new bond and security is given, it shall be taken, approved, filed, and recorded in the same manner that the official bond of the officer is required by law to be taken, approved, and recorded.
    3. When a new bond is taken, approved, and filed, it shall immediately operate as a discharge of all the securities on the former bond from all liability arising from any subsequent misconduct or default of the principal therein. The securities on the former bond shall thenceforth be liable on that bond only for breaches thereof which happened prior to the taking, approving, and filing of the new bond.

History. Rev. Stat., ch. 137, §§ 10-16; Acts 1899, No. 14, § 1, p. 13; C. & M. Dig., §§ 8297-8303; Pope's Dig., §§ 10874-10880; A.S.A. 1947, §§ 12-228 — 12-234.

Case Notes

Guardian's Bond.

This section embraces guardian's bonds, and the securities in those bonds may apply by petition to require the guardian to give a new bond. Dempsey v. Fenno, 16 Ark. 491 (1855).

Scope of Discharge.

The county court can discharge the sureties on the bond of the county treasurer and require a new bond, but it cannot discharge the sureties from liabilities already incurred. Ex parte Talbot, 32 Ark. 424 (1877).

21-2-112. Remedy of surety against principal and cosureties.

Any person bound as a security in any bond given by an officer to secure the faithful performance of his or her duties, who shall pay any money he or she shall have been liable to pay by reason of the bond, shall have the same right and remedy against the principal and cosureties as are provided in this section and § 21-2-111 against principal and security in bonds, bills, or notes for the payment of money or the delivery of property.

History. Rev. Stat., ch. 137, § 17; C. & M. Dig., § 8304; Pope's Dig., § 10881; A.S.A. 1947, § 12-237.

21-2-113. Discrepancies in accounts — Effect on surety.

  1. If any discrepancies are found in the accounts of an officer, the Auditor of State and the county clerk shall immediately notify the bonding company, and the penalties as prescribed in §§ 26-39-215, 26-39-501, and 26-39-502 shall not apply until sixty (60) days have expired from the official notification.
      1. If the accounts are found to be correct, then, after final settlement has been made, the county clerk shall issue a quietus to the officer and shall forward a copy to the Auditor of State.
      2. Issuance of a quietus shall automatically release bondsmen or sureties of the official from any and all liability on the bond in force for the term or part thereof covered by the final settlement.
    1. However, if any discrepancy is found in the account of the county clerk or circuit clerk, the county judge shall immediately notify the bonding company.

History. Acts 1927, No. 85, § 4; Pope's Dig., § 10443; A.S.A. 1947, § 12-236.

21-2-114. Bond required of people employed by public officials.

Each public official or employee of this state, or political subdivision thereof, who has appointed deputies or employed individuals who handle any funds for the performance of their duties shall bond the deputies and employees in those amounts which he or she deems necessary to indemnify the state or political subdivision for any loss or mishandling of funds by the deputies or employees.

History. Acts 1975, No. 331, § 1; 1975 (Extended Sess., 1976), No. 1186, § 1; A.S.A. 1947, § 12-238; reen. Acts 1987, No. 1023, § 1.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 1023, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Publisher's Notes. Acts 1987, No. 1023, § 3, provided that nothing in that act shall repeal or supersede Acts 1985, No. 13, or any other law providing for blanket bonding of public officials or public employees.

Case Notes

Cited: Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989).

21-2-115. Persons in armed forces — Oath — Bond.

    1. Any person in the armed forces of the United States who has been granted leave of absence under §§ 21-4-301 — 21-4-304 and 21-4-306 — 21-4-313 may take and subscribe the official oath of office required by the Arkansas Constitution and statutes of this state at any time after his or her election and before he or she enters upon the duties of his or her office.
    2. The oath may be administered by any officer of this state or of any other state or of the United States or of any foreign country who may administer oaths.
  1. The person taking and subscribing the official oath of office under the terms of this section must cause the oath of office, together with the attestation of the oath or office, to be filed with the Secretary of State before entering upon the duties of his or her office.
    1. Any person enumerated in subsection (a) of this section who is required by law to enter into a bond for the faithful performance of the duties of the office may execute and file the bond at any time within thirty (30) days after he or she shall have taken the official oath of office.
    2. If the bond is not executed and filed within that time, the office shall be deemed and considered vacant.

History. Acts 1945, No. 5, §§ 1-3; A.S.A. 1947, §§ 12-209 — 12-211; Acts 2005, No. 1962, § 95.

Amendments. The 2005 amendment, in (a), inserted the subdivision (1) and (2) designations; in (a)(1), deleted “21-4-305 [repealed],” and “before any” at the end; and inserted “The oath may be administered by any” in (a)(2).

Subchapter 2 — School District Public Employees Blanket Bond Program

21-2-201 — 21-2-211. [Repealed.]

Publisher's Notes. This subchapter, concerning the School District Public Employees Blanket Bond Program, was repealed by Acts 1991, No. 188, § 3. The subchapter was derived from the following sources:

21-2-201. Acts 1985, No. 557, § 1; A.S.A. 1947, § 80-6001.

21-2-202. Acts 1985, No. 557, § 2; A.S.A. 1947, § 80-6002.

21-2-203. Acts 1985, No. 557, § 9; A.S.A. 1947, § 80-6009.

21-2-204. Acts 1985, No. 557, §§ 4, 6; A.S.A. 1947, §§ 80-6004, 80-6006.

21-2-205. Acts 1985, No. 557, § 5; A.S.A. 1947, § 80-6005.

21-2-206. Acts 1985, No. 557, § 7; A.S.A. 1947, § 80-6007.

21-2-207. Acts 1985, No. 557, § 3; A.S.A. 1947, § 80-6003.

21-2-208. Acts 1985, No. 557, § 10; A.S.A. 1947, § 80-6010.

21-2-209. Acts 1985, No. 557, § 11; A.S.A. 1947, § 80-6011.

21-2-210. Acts 1985, No. 557, § 12; A.S.A. 1947, § 80-6012.

21-2-211. Acts 1985, No. 557, § 8; A.S.A. 1947, § 80-6008.

For present law on self-insured fidelity bond programs, see § 21-2-701 et seq.

Subchapter 3 — Municipal Public Employees Blanket Bond Program

21-2-301 — 21-2-311. [Repealed.]

Publisher's Notes. This subchapter, concerning the Municipal Public Employees Blanket Bond Program, was repealed by Acts 1991, No. 188, § 3. The subchapter was derived from the following sources:

21-2-301. Acts 1985, No. 5, § 1; A.S.A. 1947, § 19-6101.

21-2-302. Acts 1985, No. 5, § 2; A.S.A. 1947, § 19-6102.

21-2-303. Acts 1985, No. 5, § 9; A.S.A. 1947, § 19-6109.

21-2-304. Acts 1985, No. 5, §§ 4, 6; A.S.A. 1947, §§ 19-6104, 19-6106.

21-2-305. Acts 1985, No. 5, § 5; A.S.A. 1947, § 19-6105.

21-2-306. Acts 1985, No. 5, § 7; A.S.A. 1947, § 19-6107.

21-2-307. Acts 1985, No. 5, § 3; 1985, No. 380, § 2; 1985, No. 396, § 2; A.S.A. 1947, § 19-6103.

21-2-308. Acts 1985, No. 5, § 10; A.S.A. 1947, § 19-6110.

21-2-309. Acts 1985, No. 5, § 11; A.S.A. 1947, § 19-6111.

21-2-310. Acts 1985, No. 5, § 12; A.S.A. 1947, § 19-6112.

21-2-311. Acts 1985, No. 5, § 8; A.S.A. 1947, § 19-6108.

For present law on self-insured fidelity bond programs, see § 21-2-701 et seq.

Subchapter 4 — County Public Employees Blanket Bond Program

21-2-401 — 21-2-411. [Repealed.]

Publisher's Notes. This subchapter, concerning the County Public Employees Blanket Bond Program, was repealed by Acts 1991, No. 188, § 3. The subchapter was derived from the following sources:

21-2-401. Acts 1985, No. 4, § 1; A.S.A. 1947, § 17-4301.

21-2-402. Acts 1985, No. 4, § 2; A.S.A. 1947, § 17-4302.

21-2-403. Acts 1985, No. 4, § 9; A.S.A. 1947, § 17-4309.

21-2-404. Acts 1985, No. 4, §§ 4, 6; A.S.A. 1947, §§ 17-4304, 17-4306.

21-2-405. Acts 1985, No. 4, § 5; A.S.A. 1947, § 17-4305.

21-2-406. Acts 1985, No. 4, § 7; A.S.A. 1947, § 17-4307.

21-2-407. Acts 1985, No. 4, § 3; 1985, No. 380, § 1; 1985, No. 396, § 1; A.S.A. 1947, § 17-4303.

21-2-408. Acts 1985, No. 4, § 10; A.S.A. 1947, § 17-4310.

21-2-409. Acts 1985, No. 4, § 11; A.S.A. 1947, § 17-4311.

21-2-410. Acts 1985, No. 4, § 12; A.S.A. 1947, § 17-4312.

21-2-411. Acts 1985, No. 4, § 8; A.S.A. 1947, § 17-4308.

For present law regarding self-insured fidelity bond programs, see § 21-2-701 et seq.

Subchapter 5 — State Public Employees Blanket Bond Program

21-2-501 — 21-2-509. [Repealed.]

Publisher's Notes. This subchapter, concerning the State Public Employees Blanket Bond Program, was repealed by Acts 1991, No. 188, § 3. The subchapter was derived from the following sources:

21-2-501. Acts 1985, No. 286, § 1; A.S.A. 1947, § 12-254.

21-2-502. Acts 1985, No. 286, § 2; A.S.A. 1947, § 12-255.

21-2-503. Acts 1985, No. 286, § 8; A.S.A. 1947, § 12-261.

21-2-504. Acts 1985, No. 286, §§ 3, 5; A.S.A. 1947, §§ 12-256, 12-258.

21-2-505. Acts 1985, No. 286, § 4; A.S.A. 1947, § 12-257.

21-2-506. Acts 1985, No. 286, § 6; A.S.A. 1947, § 12-259.

21-2-507. Acts 1985, No. 286, § 9; A.S.A. 1947, § 12-262.

21-2-508. Acts 1985, No. 286, § 10; A.S.A. 1947, § 12-263.

21-2-509. Acts 1985, No. 286, § 7; A.S.A. 1947, § 12-260.

For present law on self-insured fidelity bond programs, see § 21-2-701 et seq.

Subchapter 6 — Public Employees Blanket Bond Program

21-2-601 — 21-2-613. [Repealed.]

Publisher's Notes. This subchapter, concerning the Public Employees Blanket Bond Program, was repealed by Acts 1991, No. 188, § 3. The subchapter was derived from the following sources:

21-2-601. Acts 1985, No. 13, § 1; A.S.A. 1947, § 12-241.

21-2-602. Acts 1985, No. 13, § 2; A.S.A. 1947, § 12-242.

21-2-603. Acts 1985, No. 13, § 9; A.S.A. 1947, § 12-249.

21-2-604. Acts 1985, No. 13, §§ 3, 5; A.S.A. 1947, §§ 12-243, 12-245.

21-2-605. Acts 1985, No. 13, § 4; A.S.A. 1947, § 12-244.

21-2-606. Acts 1985, No. 13, § 6; A.S.A. 1947, § 12-246.

21-2-607. Acts 1985, No. 13, § 12; A.S.A. 1947, § 12-252.

21-2-608. Acts 1985, No. 13, § 8; A.S.A. 1947, § 12-248.

21-2-609. Acts 1985, No. 13, § 11; A.S.A. 1947, § 12-251.

21-2-610. Acts 1985, No. 13, § 8; A.S.A. 1947, § 12-248.

21-2-611. Acts 1985, No. 13, § 13; A.S.A. 1947, § 12-253.

21-2-612. Acts 1985, No. 13, § 7; A.S.A. 1947, § 12-247.

21-2-613. Acts 1985, No. 13, § 10; A.S.A. 1947, § 12-250.

For present law on self-insured fidelity bond programs, see § 21-2-701 et seq.

Subchapter 7 — Self-Insured Fidelity Bond Program

Effective Dates. Acts 1995, No. 339, § 5: Feb. 16, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that financial audits of governmental entities covered by the Self-Insured Fidelity Bond Program are necessary to maintain financial stability of the Self-Insured Fidelity Bond Program. This act is designed to accomplish this purpose for governmental entities or subdivisions thereof participating in the Program which are not audited by Arkansas Legislative Audit; and this act should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 208, § 2: Feb. 9, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly of the State of Arkansas that Arkansas Code 21-2-704 refers to the term ‘participating governmental entities’ as one defined in Arkansas Code 21-2-702 but there is no definition for this term in that section, and this causes confusion, hinders the operation of the Governmental Bonding Board and creates uncertainty in how the term is interpreted that can be avoided by defining the term. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 506, § 54: Mar. 2, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the laws of this state as to insurance regulation and the Governmental Bonding Board, among others, are inadequate for the protection of the public, and the immediate passage of this act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 35A Am. Jur. 2d, Fid. Bonds, § 1 et seq.

Case Notes

Cited: In re Sutherland, 161 B.R. 657 (Bankr. E.D. Ark. 1993); Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

21-2-701. Purpose.

It is found and determined that:

  1. The State of Arkansas and the counties, municipalities, and school districts of the State of Arkansas are expending large sums of money each year for premiums on blanket bonds for officers and employees;
  2. Considerable savings might be effected by the establishment of a self-insured fidelity bond program for state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees;
  3. This subchapter is designed to establish a governmental bonding board to develop a self-insured fidelity bond program for those officials and employees; and
  4. This subchapter is designed to provide that self-insured fidelity bonds would be in lieu of the various blanket bonds which are presently required under this chapter for various officials and employees and to thereby effectuate substantial savings in the cost of blanket bonds for those officials and employees.

History. Acts 1987, No. 728, § 1.

Case Notes

In General.

The Fidelity Bond Program is designed to cover losses sustained by participating governmental entities. Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

21-2-702. Definitions.

As used in this subchapter:

  1. “Audit” or “audit report” means an audit or other statutorily allowed financial examination of the books and records;
  2. “Commissioner” means the Insurance Commissioner;
  3. “County” means the county or counties of the State of Arkansas;
  4. “County public official” or “county public employee” means any elected officer of the counties and the employees or deputies of any elected officer, members of the quorum court, and the members of the various county boards and commissions, excluding officials and employees of county hospitals, county nursing homes, and conservation and improvement districts;
  5. “Money” means currency, coins, and bank notes in current use and having a face value and travelers' checks, register checks, and money orders held for sale to the general public;
  6. “Municipal” or “municipality” means the municipalities of the State of Arkansas;
  7. “Municipal public official” or “municipal public employee” means any elected officer of the municipalities and the employees or deputies of any elected officer, specifically including salaried municipal employees of municipally owned utilities, members of the city council, including the mayor, and the members of the various municipal boards and commissions, but excluding officials and employees of municipal hospitals, nursing homes, and improvement districts;
  8. “Participating governmental entity” means those organizations defined in subdivisions (3), (6), (10), and (13) of this section;
  9. “Property other than money and securities” means any tangible property, other than money and securities, that has intrinsic value;
  10. “School district” means the school districts and open-enrollment public charter schools of the State of Arkansas;
  11. “School district public official” or “school district public employee” means all school district salaried officials and salaried school district employees, whether elected or appointed, and the members of local school boards of directors;
  12. “Securities” means negotiable and nonnegotiable instruments or contracts representing either money or other property and includes:
    1. Tokens, tickets, and revenue and other stamps in current use whether represented by actual stamps or unused value in a meter; and
    2. Evidences of debt, other than money, issued in connection with credit or charge cards;
  13. “State” means the State of Arkansas;
  14. “State officers and employees” means all elected and appointed salaried officials of the state and their salaried state employees, the salaried officials and salaried employees of all state boards and commissions, members of the General Assembly, and nonsalaried appointed members of the various state boards and commissions; and
  15. “State public official” or “state public employee” means any elected or appointed salaried officer of the State of Arkansas and the salaried governmental employees of that elected or appointed officer, members of the General Assembly, and the nonsalaried members of the various state boards and commissions.

History. Acts 1987, No. 728, § 2; 1993, No. 319, § 1; 2001, No. 208, § 1; 2001, No. 1038, § 1; 2015, No. 846, § 37.

Amendments. The 2001 amendment by Nos. 208 and 1038 added present (1) and (8) and placed the remaining subdivisions in alphabetical order.

The 2015 amendment inserted “and open-enrollment public charter schools” in (10).

21-2-703. Coverage in lieu of statutory bonds.

    1. The fidelity bond coverage provided under this subchapter shall be in lieu of all statutorily required bonds for the various public officers, officials, and employees participating in the Self-Insured Fidelity Bond Program.
    2. The various laws specifically requiring surety bonds or blanket bonds for the respective public officials, officers, and employees shall not be applicable so long as the fidelity bonds as provided in this subchapter are in effect covering the officials, officers, and employees.
  1. In the event coverage shall cease to be provided for any or all of the officials, officers, or employees pursuant to this subchapter, the laws currently in effect providing for surety bonds or blanket bonds shall again become applicable to the officials, officers, and employees.

History. Acts 1987, No. 728, § 14.

21-2-704. Establishment — Scope of coverage.

  1. There is established a Self-Insured Fidelity Bond Program for state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees, to be administered by the Governmental Bonding Board.
    1. The fidelity bond coverage provided by the program shall cover actual losses sustained by a participating governmental entity through any fraudulent or dishonest act or acts committed by any official or employee of the participating governmental entity acting alone or in collusion with another, during the bond period to an amount not exceeding the lesser of three hundred thousand dollars ($300,000) or the amount of the bond.
    2. Coverage for loss of property other than money and securities shall be limited to the actual cash value of the property on the day the loss was discovered.
    3. No coverage shall be provided for any claim in which a participating governmental entity through fraudulent means takes money or other property from another participating governmental entity.
  2. This coverage shall not include compensatory, punitive, or exemplary damages, and no interest or penalty amounts shall accrue on a bond claim made pursuant to this subchapter including, but not limited to, investigative expenses, legal fees, or court costs.
  3. The fidelity bond coverage provided by the program shall not cover a loss sustained by a participating governmental entity as a result of:
    1. Liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify an official or employee from or against liability incurred by the official or employee in the performance of duties;
    2. Damages for which the participating governmental entity is legally liable as a result of:
      1. The deprivation or violation of a civil right of any person by an official or employee; or
      2. The tortious conduct of an official or employee, except conversion of property of another party held by the participating governmental entity in any capacity; or
    3. Loss of property other than money and securities unless the participating governmental entity or Arkansas Legislative Audit shall be able to designate the specific official or employee causing such loss.
  4. Fidelity bond coverage shall not cover a loss sustained by any party other than a participating governmental entity.
  5. Except as provided in subdivision (d)(3) of this section, in case of a loss alleged to have been caused to a participating governmental entity through any fraudulent or dishonest act or acts by an official or employee covered under the fidelity bond coverage afforded under the provisions of this subchapter, when the participating governmental entity or Arkansas Legislative Audit shall be unable to designate the specific official or employee causing the loss, the participating governmental entity shall nevertheless have the benefit of fidelity bond coverage.
    1. For valid coverage under the program, each participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year.
      1. If a participating governmental entity, or covered segment or component of the participating governmental entity, is not audited by Arkansas Legislative Audit, the participating governmental entity, or covered segment or component of the participating governmental entity, shall procure an audit of its books and records by accountants in good standing with the Arkansas State Board of Public Accountancy in accordance with government auditing standards issued by the Comptroller General of the United States.
      2. The audit must be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.
    2. All audit reports revealing or disclosing unauthorized expenditures, asset shortages, or unaccounted-for funds shall be forwarded immediately upon completion to Arkansas Legislative Audit, the State Risk Manager, and the appropriate prosecuting attorney.

History. Acts 1987, No. 728, §§ 3-5; 1993, No. 319, § 2; 1995, No. 339, § 1; 2001, No. 1383, § 1; 2005, No. 506, § 2; 2007, No. 425, § 1.

A.C.R.C. Notes. As enacted by Acts 1995, No. 339, § 1, subdivision (g)(1) ended with:

“ending January 1, 1995”.

Amendments. The 2001 amendment redesignated former (b)(1) as present (b)(1)(A) and substituted “the lesser of three … amount of the bond” for “three hundred thousand dollars ($300,000) per occurrence.”

The 2005 amendment inserted “of the participating governmental entities” in (b)(1); and added (b)(3).

Case Notes

Governmental Entity.

The Volunteer Council, Arkadelphia Human Development Center, Inc., a non-profit organization formed to benefit the residents and staff of the Arkadelphia Human Development Center, is not a governmental entity as contemplated by this section. Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

Scope of Coverage.

The Fidelity Bond Program covers only losses sustained by a participating governmental entity. Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

Subdivision (d)(2)(B) does not provide that fidelity bond coverage shall cover losses sustained by the other parties whose property is converted; rather, the exception provides the fidelity bond coverage shall cover losses of the participating governmental entity under such circumstances. Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

21-2-705. Governmental Bonding Board.

  1. There is created the Governmental Bonding Board, which shall be composed of the following five (5) members:
    1. The President of the Association of Arkansas Counties;
    2. The President of the Arkansas Municipal League;
    3. The Commissioner of Elementary and Secondary Education;
    4. The Secretary of the Department of Finance and Administration; and
    5. The Insurance Commissioner, who shall serve as chair.
    1. The members of the board shall receive no compensation for their services, but members other than the Commissioner of Elementary and Secondary Education, the Secretary of the Department of Finance and Administration, and the Insurance Commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq.
    2. The expense reimbursement of members of the board shall be paid from the Fidelity Bond Trust Fund.
        1. The board shall meet at least quarterly.
        2. However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members.
      1. The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board.
    1. All action of the board shall be by majority vote of the membership in attendance.
    2. If a board member is unable to attend any board meeting, the member shall appoint a designee to act as his or her representative. The representative shall have all the rights and privileges of the member represented.

History. Acts 1987, No. 728, §§ 6, 7; 1991, No. 188, §§ 1, 2; 1997, No. 250, § 212; 2005, No. 506, § 3; 2019, No. 910, §§ 3491, 3492.

Amendments. The 2005 amendment substituted “from the Fidelity Bond Trust Fund” for “by the State Insurance Department from funds specifically appropriated to the State Insurance Department for that purpose or from other funds available to the State Insurance Department for paying expense reimbursement” in (b)(2).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(3) and (b)(1); and substituted “Secretary” for “Director” in (a)(4) and (b)(1).

21-2-706. Administration.

It shall be the responsibility of the Governmental Bonding Board to develop and administer the Self-Insured Fidelity Bond Program for state officers and employees, state public officials and public employees, and county, municipal, and school district public officials and public employees.

History. Acts 1987, No. 728, § 8.

21-2-707. Operations and recommendations.

  1. The Insurance Commissioner, at the direction of the Governmental Bonding Board, shall receive and disburse funds necessary for the establishment and operation of the Self-Insured Fidelity Bond Program.
  2. The State Risk Manager shall assist in the operations of the program and shall submit to the board recommendations for the establishment of:
    1. Premium schedules for all participating governmental entities;
    2. Schedules for deductible amounts;
    3. Loss histories, loss reporting, and loss payment procedures;
    4. Program enrollments;
    5. Annual review of funds income, balances, and expenditures;
    6. Proposed invitations to bid, and retention levels, if the board determines that excess bonds or reinsurance is necessary; and
    7. Other information required by the board for efficient operation of the program.

History. Acts 1987, No. 728, § 10.

21-2-708. Notice and proof of losses — Investigations — Restitution.

  1. The Legislative Auditor, with the approval of the Legislative Joint Auditing Committee, shall give notice and make proof of loss to the Governmental Bonding Board under the Self-Insured Fidelity Bond Program on behalf of a public official, officer, or employee when the audit of the records of the public official, officer, or employee reflects unauthorized disbursements or unaccounted-for funds or property for which the public official, officer, or employee may be liable.
  2. If an audit reflects unauthorized disbursements or unaccounted-for funds or property for which a public official, officer, or employee may be liable, then the Legislative Auditor shall request that:
    1. The appropriate prosecuting attorney or the Attorney General assist the state or the appropriate political subdivision in obtaining restitution; and
    2. The appropriate city attorney, county attorney, prosecuting attorney, or the Attorney General assist the state or appropriate political subdivision in filing a civil lawsuit against the public official, officer, or employee if the board determines that civil remedies should be pursued under § 21-2-709(a).
    1. To obtain restitution under subsection (b) of this section and as authorized by § 5-4-205, the board shall consider the Self-Insured Fidelity Bond Program and the participating governmental entity as victims.
    2. In any criminal prosecution against the official or employee causing the loss, where such official or employee enters a plea of guilty or nolo contendere, or is found guilty following a trial, restitution shall be awarded to the participating governmental entity for the entire amount of its unreimbursed losses and to the program for the entire amount of its payment to the participating governmental entity.

History. Acts 1987, No. 728, § 12; 1993, No. 179, § 2; 1993, No. 319, § 3; 2013, No. 1056, § 1; 2015, No. 231, § 2.

Amendments. The 2013 amendment rewrote (a) and (b).

The 2015 amendment, in (c)(1), substituted “To obtain restitution under” for “For the purpose of obtaining restitution as provided in,” inserted “and as authorized by § 5-4-205, the board shall consider” and substituted “as victims” for “shall be deemed victims”.

Case Notes

Effect of Amendments.

This section, relating to the Self-Insured Fidelity Bond Program, under which the Arkansas Fidelity Bond Trust Fund was created, was recently amended to expressly provide that the Arkansas Fidelity Bond Trust Fund is a victim who is entitled to restitution. In re Sutherland, 161 B.R. 657 (Bankr. E.D. Ark. 1993).

21-2-709. Determination of coverage — Assignment of rights.

      1. Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program.
      2. The board may withhold claim determination and a loss payment until the investigation in each case has been completed and all information deemed necessary for determination of coverage under the program has been received.
    1. If the board determines that the loss is covered under the program, then:
      1. The Insurance Commissioner shall authorize fidelity bond loss payments from the Fidelity Bond Trust Fund to the participating governmental entity on a timely basis; and
      2. The board shall:
        1. Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and
          1. Determine whether civil remedies should be pursued to recover the loss.
          2. In making a determination under subdivision (a)(2)(B)(ii)(a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies.
    2. All vouchers for a loss payment shall include as supporting documents a copy of the payment recommendation by the State Risk Manager and a copy of the proof of loss from the Legislative Auditor.
    3. Any loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment.
    1. Before any loss payment is paid from the fund, the recipient of the loss payment shall sign and return a transfer of rights form assigning to the fund to the extent of the loss payment all rights and claims that the recipient may have against the official, officer, or employee involved. The fund shall be subrogated to all of the rights of the recipients of the loss payment to the extent of the loss payment.
      1. If the participating governmental entity shall sustain any loss that exceeds the amount of indemnity provided by the program, the participating governmental entity shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, by whomever made, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance.
      2. Any remainder shall be applied to reimbursement of the program.
    2. If a participating governmental entity fails to pay over an amount due the program under these provisions, the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity.

History. Acts 1987, No. 728, § 13; 1993, No. 319, § 4; 2005, No. 506, § 4; 2013, No. 1056, § 2.

Amendments. The 2005 amendment inserted the subdivision (1)(A) and (2)(A) designations in (a); inserted (a)(1)(B) and (a)(2)(B); rewrote the first sentence in (b)(1); and deleted former (c).

The 2013 amendment rewrote (a)(2).

Case Notes

Restitution.

The Arkansas Fidelity Bond Trust Fund, which reimbursed a school district for losses caused by an embezzling employee, was the entity entitled to collect the restitution ordered in the judgment of employee's conviction; the fact that the statutorily created bond company was required to reimburse the immediate victim does not obviate the economic loss to the state. In re Sutherland, 161 B.R. 657 (Bankr. E.D. Ark. 1993).

Scope of Coverage.

The Fidelity Bond Program covers only losses sustained by a participating governmental entity. Volunteer Council v. Governmental Bonding Bd., 319 Ark. 716, 894 S.W.2d 580 (1995).

21-2-710. Billing certification — Payment and deposit.

  1. The Governmental Bonding Board, with the assistance of the State Insurance Department, shall prepare a billing certification to be remitted to the:
      1. Department of Finance and Administration. Upon receipt of this certification, the Secretary of the Department of Finance and Administration shall pay it from funds specifically appropriated for it by the General Assembly or from other funds available therefor.
      2. Funds so appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and
    1. Chief Fiscal Officer of the State who shall pay it from funds withheld from the:
      1. County Aid Fund which are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees;
      2. Municipal Aid Fund which are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and
      3. Public School Fund which are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees.
  2. Upon receipt of these funds, the Insurance Commissioner shall deposit them in the Fidelity Bond Trust Fund.

History. Acts 1987, No. 728, § 11; 2019, No. 910, § 3493.

Amendments. The 2019 amendment substituted “Secretary” for “Director” in (a)(1)(A).

21-2-711. Fidelity Bond Trust Fund.

  1. There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a separate fund to be known as the “Fidelity Bond Trust Fund”.
    1. No money shall be appropriated from the fund for any purpose except for the use and benefit of participating governmental entities for bond claims and for Governmental Bonding Board expenses, including, but not limited to, travel, actuarial, consultant, and service contract fees.
    2. The fund shall be administered by and disbursed at the direction of the Governmental Bonding Board.
      1. The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance.
      2. All incomes derived through investment of the fund shall be credited as investment income to the fund.
      3. For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds pursuant to the provisions of § 19-3-219(a)[repealed].
    1. Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.
  2. All moneys received by the Governmental Bonding Board for the Self-Insured Fidelity Bond Program, including premiums collected by the Governmental Bonding Board under this subchapter, restitution, interest payments, grants, gifts, and refunds shall be deposited into the fund.

History. Acts 1987, No. 728, § 9; 2005, No. 506, § 5.

Amendments. The 2005 amendment inserted “travel” in (b)(1); and substituted “All moneys received … gifts, and refunds” for “The bond premiums collected by the Governmental Bonding Board under the provisions of this subchapter” in (d).

Chapter 3 Recruiting, Hiring, and Appointment

Subchapter 1 — General Provisions

A.C.R.C. Notes. Applicants for employment with the state are subject to selective service registration requirements under § 6-80-104.

Acts 2015, No. 1068, § 1, provided:

“State of Arkansas Workforce Retention Task Force.

“(a) The State of Arkansas Workforce Retention Task Force is created.

“(b) The task force shall consist of the following members:

“(1) One (1) human resources or payroll officer for the Department of Human Services appointed by the Director of the Department of Human Services;

“(2) One (1) human resources or payroll officer for the Department of Health appointed by the Director of the Department of Health;

“(3) One (1) human resources or payroll officer for the Department of Finance and Administration appointed by the Director of the Department of Finance and Administration;

“(4) One (1) human resources or payroll officer from the Department of Parks and Tourism appointed by the Director of the Department of Parks and Tourism;

“(5) One (1) member from the Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration appointed by the Personnel Director of the Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration;

“(6) One (1) member from the Arkansas State Employees Association appointed by the Executive Director of the Arkansas State Employees Association;

“(7)(A) Two (2) members appointed by the Governor who are Arkansas state employees.

“(B) One (1) of the two (2) members appointed under subdivision (b)(7)(A) of this section shall be a woman.

“(C) One (1) of the two (2) members appointed under subdivision (b)(7)(A) of this section shall be Hispanic or African American; and

“(8)(A) Two (2) members appointed by the Governor who are retired Arkansas state employees.

“(B) One (1) of the two (2) members appointed under subdivision (b)(8)(A) of this section shall be a woman.

“(C) One (1) of the two (2) members appointed under subdivision (b)(8)(A) of this section shall be Hispanic or African American.

“(c)(1) Members of the task force shall serve until December 31, 2016.

“(2) A vacancy on the task force shall be filled by the appointing authority for the unexpired portion of the term.

“(d)(1) The Governor shall designate one (1) member of the task force to:

“(A) Call the first meeting of the task force to be set no later than thirty (30) days after the effective date of this act; and

“(B) Serve as the chair of the task force.

“(2) The Governor shall designate one (1) member of the task force to serve as the vice chair of the task force.

“(e) A majority of the members of the task force shall constitute a quorum for conducting business of the task force.

“(f)(1)(A) State agencies shall comply with requests of the task force or the Office of Personnel Management to provide data and other assistance for the use of the task force.

“(B) If the task force obtains information that is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or is otherwise confidential under law, the information shall:

“(i) Remain exempt or confidential while in the possession of the task force; and

“(ii) Not be disclosed except as provided for by law.

“(2) The Arkansas State Employees Association shall provide staff for the task force.

“(g) Members of the task force shall serve without compensation and shall not receive per diem, mileage, or stipends.

“(h) The task force shall:

“(1) Study the steps the state may take to retain state employees in:

“(A) The employing state agency; and

“(B) Other state agencies;

“(2) Consider the steps other public employers have taken to retain their workforce;

“(3) Set a plan of implementation for the study under this section;

“(4) Design a survey instrument to be administered to state agency heads and employees to determine the perceived and actual barriers to retaining state employees;

“(5) Assess the employee retention rates of the state agencies participating in the study and survey; and

“(6) Provide to the Office of Personnel Management the plan of implementation and the survey instrument.

“(i) The Office of Personnel Management shall survey the state agency heads and employees of the following agencies using the survey instrument designed under this section:

“(1) The Department of Human Services;

“(2) The Department of Health;

“(3) The Department of Finance and Administration; and

“(4) The Department of Parks and Tourism.

“(j) Before October 31, 2016, the Personnel Director of the Office of Personnel Management shall report to the task force on the:

“(1) Results of the study; and

“(2) Recommendations for legislation, rules, and policy changes that the state could take to increase state employee workforce retention.

“(k) Before December 31, 2016, the task force shall report to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs the results of its findings and activities and of its recommendations.

“(l) The task force shall expire on January 1, 2017.”

21-3-101. Equal employment hiring program.

  1. Every state agency, board, commission, institution of higher education, and every constitutional officer as defined in Arkansas Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal employment hiring program designed to achieve a goal of increasing the percentage of minority employees within the agency, board, commission, institution of higher education, or constitutional office to a level that approximates the percentage of minorities in the state's population.
    1. Every state agency, board, commission, institution of higher education, and constitutional officer shall report to the Legislative Council on June 30 of each year regarding its efforts to achieve its equal employment hiring program goal.
    2. However, the report required of any institution by § 6-63-103 may be used in lieu of the report required under this subsection and shall be filed as provided in this subsection.

History. Acts 1993, No. 426, § 1; 2001, No. 1226, § 1.

Amendments. The 2001 amendment, in (a), substituted “Arkansas Constitution, Amendment 56” for “Constitutional Amendment 56” and substituted “that approximates” for “which approximates”; and deleted “December 31 and” preceding “June 30” in (b)(1).

21-3-102. Selective Service registration — Definition.

  1. As used in this section, “statement of selective service status” means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that:
    1. The person filing the certificate is registered with the Selective Service System in accordance with the Military Selective Service Act; or
    2. The person filing the certificate is not required to register with the Selective Service System because the person is:
      1. Under eighteen (18) years of age;
      2. In the armed forces of the United States on active duty, other than in a reserve or national guard unit;
      3. An alien lawfully admitted to the United States as a nonimmigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101, for so long as he or she continues to maintain a lawful nonimmigrant status in the United States;
      4. A permanent resident of the Trust Territory of the Pacific Islands or the Commonwealth of Northern Mariana Islands; or
      5. Excused from registration for other reason provided by federal law and that reason is included in the certificate.
  2. No person who is required to register with the Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status.

History. Acts 2005, No. 1962, § 96.

U.S. Code. The Military Selective Service Act, referred to in (a)(1), is codified generally as 50 U.S.C. § 3801 et seq.

Cross References. Selective Service registration, § 6-80-104.

Subchapter 2 — Age Discrimination

Research References

U. Ark. Little Rock L.J.

Galchus, Survey of Labor Law, 3 U. Ark. Little Rock L.J. 251.

Case Notes

Sovereign Immunity.

The Age Discrimination Prohibition Act contains no declaration of legislative intent to waive the state's sovereign immunity, and nothing in this subchapter subjects the state to liability for monetary damages for violations of this subchapter's provisions. State v. Goss, 344 Ark. 523, 42 S.W.3d 440 (2001).

Cited: Palmer v. Arkansas Council on Econ. Educ., 344 Ark. 461, 40 S.W.3d 784 (2001).

21-3-201. Definition.

For the purposes of this subchapter, “public employer” means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of this state. “Public employer” specifically includes public universities, colleges, and public school districts.

History. Acts 1979, No. 25, § 1; A.S.A. 1947, § 12-3501.

21-3-202. Applicability.

The prohibitions in this subchapter shall be limited to individuals who are at least forty (40) years of age.

History. Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.

Case Notes

In General.

The statute affords no protection for those who have passed their seventieth birthday and they do not have a protectable property interest in continued employment. Evans v. University of Ark. Bd. of Trustees, 715 F. Supp. 249 (E.D. Ark. 1989), aff'd sub nom. Evans v. Pugh, 902 F.2d 689 (8th Cir. 1990) (decision prior to 1989 amendment).

Purpose.

In this subchapter the Arkansas legislature intended to prohibit age discrimination in public employment against employees under 70 years of age and also to provide public employers the discretion to retain employees who have reached age 70. The statute simply does not afford employees who have reached 70 years of age the same protection that it does younger employees. Evans v. Pugh, 902 F.2d 689 (8th Cir. 1990) (decision prior to 1989 amendment).

21-3-203. Age discrimination prohibited — Exceptions.

  1. It shall be unlawful for a public employer to:
    1. Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age;
    2. Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or
    3. Reduce the wage rate of any employee in order to comply with this subchapter.
  2. It shall not be unlawful for a public employer to:
    1. Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or
    2. Discharge or otherwise discipline an individual for good cause.

History. Acts 1979, No. 25, §§ 2, 3; A.S.A. 1947, §§ 12-3502, 12-3503; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.

Case Notes

Purpose.

In this subchapter the Arkansas legislature intended to prohibit age discrimination in public employment against employees under 70 years of age and also to provide public employers the discretion to retain employees who have reached age 70. The statute simply does not afford employees who have reached 70 years of age the same protection that it does younger employees. Evans v. Pugh, 902 F.2d 689 (8th Cir. 1990) (decision prior to 1989 amendment).

Applicability.

This section affords no protection for those who have passed their seventieth birthday and they do not have a protectable property interest in continued employment. Evans v. University of Ark. Bd. of Trustees, 715 F. Supp. 249 (E.D. Ark. 1989), aff'd sub nom. Evans v. Pugh, 902 F.2d 689 (8th Cir. 1990) (decision prior to 1989 amendment).

Discretion.

Although an employee can continue to work beyond the attainment of age 70 if he receives written authorization from the chief administrative officer, the chief administrative officer is not required to give written authorization. Because written authorization is entirely within the discretion of the chief administrative officer, it cannot be said that an employee has a protectable property interest in his continued employment. Evans v. University of Ark. Bd. of Trustees, 715 F. Supp. 249 (E.D. Ark. 1989), aff'd sub nom. Evans v. Pugh, 902 F.2d 689 (8th Cir. 1990) (decision prior to 1989 amendment).

21-3-204. [Repealed.]

Publisher's Notes. This section, concerning authorization to continue employment, was repealed by Acts 1989 (3rd Ex. Sess.), No. 33, § 4. The section was derived from Acts 1979, No. 25, § 4; A.S.A. 1947, § 12-3504.

21-3-205. Compulsory retirement of certain employees.

    1. Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000).
    2. In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.
  1. The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982.

History. Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 2.

21-3-206. [Expired.]

Publisher's Notes. This section, concerning exceptions to compulsory retirement, expired pursuant to its own terms on December 31, 1993. This section was derived from Acts 1989 (3rd Ex. Sess.), No. 33, § 3.

Subchapter 3 — Veterans Preferences

21-3-301. Uniform Classification and Compensation Act rules.

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall include rules under this subchapter.

History. Acts 1947, No. 414, § 1; A.S.A. 1947, § 12-2318; Acts 2003, No. 653, § 1; 2019, No. 315, § 2317.

Amendments. The 2003 amendment substituted “Uniform Classification and Compensation Act” for “Civil service or merit system” in the section catchline; deleted “civil service or merit system” preceding “requirement,” inserted “for positions … § 21-5-201 et seq.” and substituted “under this subchapter” for “in accordance with §§ 21-3-30221-3-305.”

The 2019 amendment substituted “rules” for “regulations” in the section heading and in the section; and substituted “requirement or rule” for “requirement, rule, or regulation”.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Public Officers and Employees, Veterans' Preferences, 26 U. Ark. Little Rock L. Rev. 471, 474.

21-3-302. Veterans Preference Law — Definition.

  1. This section shall be entitled the “Veterans Preference Law”.
  2. For purposes of this section, “veteran” means:
    1. A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or
    2. Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not.
  3. A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903, shall provide a veterans preference in interviewing and hiring to an applicant if the applicant:
    1. Indicates on the employment application that he or she is:
      1. A veteran;
      2. A disabled veteran; or
      3. The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made;
    2. Is a citizen and resident of this state; and
    3. Meets substantially equal qualifications of other applicants.
      1. If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring.
      2. If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.
      1. If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position.
      2. If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to:
        1. Develop a list of qualified candidates to be interviewed; and
        2. Select the successful candidate for the position.
      1. A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument.
      2. If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.
    1. This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq.
  4. The qualified veteran's status shall be considered on questions of promotion and retention of employees according to § 21-3-304.
  5. The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order:
    1. Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points;
    2. Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and
    3. Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points.
  6. The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that the age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied.
  7. This section does not apply to an elected official or political appointee in:
    1. A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.;
    2. A school district as defined under § 6-20-1903; or
    3. The administrative assistant or secretary of an elected official or political appointee.

History. Acts 1981, No. 527, §§ 1-4; A.S.A. 1947, §§ 12-2322.1 — 12-2322.4; Acts 1995, No. 40, § 1; 2003, No. 653, § 1; 2013, No. 444, §§ 1, 2; 2013, No. 474, § 1.

Amendments. The 2003 amendment rewrote this section.

The 2013 amendment by No. 444 rewrote (c) and (h).

The 2013 amendment by No. 474 rewrote (d).

Research References

Ark. L. Rev.

Michael D. Sutton, Comment: Forging a New Breed: The Emergence of Veterans' Preference Statutes Within the Private Sector, 67 Ark. L. Rev. 1081 (2014).

21-3-303. Failure to hire veteran.

  1. If requested by the veteran applicant and in addition to the requirements under § 21-3-302(d), a hiring official or selection authority for a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall submit in writing to the veteran the reason the veteran was not:
    1. Included on a list of qualified candidates to be interviewed; and
    2. Selected for the position.
  2. The written reason provided under this section shall become a part of the employment application records of the state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903, and be retained for the same period of time as all other employment applications as established by law or agency policy.

History. Acts 1947, No. 414, § 3; A.S.A. 1947, § 12-2320; Acts 2003, No. 653, § 1; 2013, No. 444, § 3; 2013, No. 474, § 2.

Amendments. The 2003 amendment rewrote this section.

The 2013 amendment by No. 444, in (b), added “provided under this section,” substituted “state” for “department” preceding “agency,” inserted “subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903”.

The 2013 amendment by No. 474 rewrote (a); and, in (b), added “provided under this section” and substituted “state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.” for “department, agency, or institution of higher education”.

21-3-304. Reduction in force.

  1. A department or agency director or institution of higher education president or chancellor may separate any employee without prejudice because of lack of funds, curtailment of work, or in order to permit reinstatement of employees upon their release from periods of military service from the United States Armed Forces.
  2. However, no employee as defined by § 21-5-203 shall be separated while there are emergency, intermittent, temporary, provisional, or probationary employees serving in the same class of position in the same department or agency.
    1. The order of separation due to reduction in force shall be based upon criteria established by the Statewide Workforce Reduction Policy as issued and administered by the Office of Personnel Management.
    2. For the purpose of establishing this layoff formula, the veteran's service in the United States Armed Forces shall be considered as service with the department or agency and computed as a part of his or her seniority.

History. Acts 1947, No. 414, § 5; A.S.A. 1947, § 12-2322; Acts 2003, No. 653, § 1.

Amendments. The 2003 amendment rewrote this section.

21-3-305. Reemployment.

  1. An employee as defined in § 21-5-203 who has established veterans preference eligibility and has resigned while in good standing or who has been separated without prejudice shall be eligible for reemployment within a period of time no less than the continuous period of his or her service in a department, agency, or institution of higher education, provided that he or she has been certified by the department or agency director or institution of higher education president or chancellor as meeting the current minimum qualifications as to training and experience of the class of position to which he or she is being reemployed.
  2. Prior to making the minimum qualifications certification, the department or agency director or institution of higher education president or chancellor may require the employee to pass a qualifying examination.
  3. For the purpose of reemployment eligibility under the provisions of this section, time spent in the United States Armed Forces shall not be counted.

History. Acts 1947, No. 414, § 4; A.S.A. 1947, § 12-2321; Acts 2003, No. 653, § 1.

Amendments. The 2003 amendment rewrote this section.

21-3-306. Rights of reservists — Legislative intent.

  1. It is declared to be the intent of the General Assembly that any person who holds an other than temporary position in the employ of the State of Arkansas shall not be denied retention in employment or any promotion or other incident or advantage of employment or transferred involuntarily to another position because the person is a member of a reserve component of the United States Armed Forces.
  2. The provisions of the reemployment rights protections of § 12-62-413 and the Uniformed Services Employment and Re-employment Rights Act of 1994 as in effect on January 1, 2003, shall be applicable, and the refusal of any state official to comply therewith shall subject him or her to removal from office.
  3. This section shall be retroactive and shall take effect as of the date of the entry of any state employee into one (1) of the reserve components of the United States Armed Forces.

History. Acts 1973, No. 406, §§ 1-3; A.S.A. 1947, §§ 12-2352 — 12-2354; Acts 2003, No. 653, § 1.

Amendments. The 2003 amendment rewrote (b).

U.S. Code. The Uniformed Services Employment and Reemployment Rights Act of 1994, referred to in (b), is codified as 38 U.S.C. §§ 101 nt and 4301 et seq.

Cross References. Military leaves for state employees, § 21-4-212.

Subchapter 4 — Merit System Board

21-3-401 — 21-3-404. [Repealed.]

Publisher's Notes. This subchapter, concerning the Merit System Board, was repealed by Acts 1989, No. 536, § 6. The subchapter was derived from the following sources:

§ 21-3-401. Acts 1981, No. 693, § 7; A.S.A. 1947, § 12-3907.

§ 21-3-402. Acts 1981, No. 693, §§ 1-4; A.S.A. 1947, §§ 12-3901 — 12-3904.

§ 21-3-403. Acts 1981, No. 693, §§ 3, 5, 6; A.S.A. 1947, §§ 12-3903, 12-3905, 12-3906.

§ 21-3-404. Acts 1981, No. 693, § 5; A.S.A. 1947, § 12-3905.

Subchapter 5 — Cooperative Education Program

Effective Dates. Acts 1975, No. 551, § 11: Mar. 25, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that a program should be established to provide students attending institutions of higher learning in this State an opportunity to become better informed and more knowledgeable in Arkansas government by working in the various State agencies, departments, and institutions; that the employment of such students would not only be most beneficial to the student and the agency employing the student but would also encourage graduates of such institutions to remain in the State of Arkansas; that this Act is designed to accomplish this worthy purpose and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

21-3-501. Policy — Purpose.

  1. Recognizing the tremendous potential represented by the young people attending Arkansas institutions of higher education, and in due consideration of the great interest of the people of the State of Arkansas in retaining graduates of Arkansas institutions of higher education within the state, with the further conviction that it is in the best interest of all citizens of the state to recruit and retain qualified college graduates within the State of Arkansas government system, and recognizing the great contribution to the educational process that learning experiences within state government can provide, the General Assembly finds and declares that an affirmative effort to provide college students with employment opportunities within state government is important to the welfare and security of this state and nation and, consequently, is an important public service.
  2. The General Assembly further finds and declares that cooperative education is having, and will continue to have, a major impact on this state in meeting the socially and economically desirable goals of educating and retaining young people within this state.
  3. It is, therefore, the policy of the General Assembly and the purpose of this subchapter to establish a cooperative education program within the State of Arkansas government system to attract and retain qualified personnel from Arkansas institutions of higher education while at the same time contributing to the educational process through learning opportunities within state government.

History. Acts 1975, No. 551, § 1; A.S.A. 1947, § 12-2355.

21-3-502. Definitions.

For the purposes of this subchapter:

  1. “Academic credit” means the recognized unit requirements which students attending eligible institutions must accomplish in order to receive a degree for completion of a two-year or four-year course of study;
  2. “Arkansas Cooperative Education Advisory Committee” means the committee established by this subchapter to:
    1. Determine the eligibility of educational institutions;
    2. Review the operation of the cooperative education program through periodic meetings;
    3. Make recommendations to the participating institutions, the state personnel administrator, and to the General Assembly; and
    4. Perform all other appropriate functions to provide for the advancement of the cooperative education program;
    1. “Cooperative education” means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations.
    2. The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives;
  3. “Eligible institutions of higher education” means any public or private two-year or four-year institution of higher education within the State of Arkansas which:
    1. Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation;
    2. Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and
    3. Is certified to the state personnel administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in § 21-3-508; and
  4. “State personnel administrator” means the head of the Office of Personnel Management, his or her successor, or the person designated by the state personnel administrator to perform the duties assigned to the administrator or to the office.

History. Acts 1975, No. 551, § 2; A.S.A. 1947, § 12-2356.

U.S. Code. The Civil Rights Act of 1964, referred to in this section, is primarily codified as 42 U.S.C. § 2000c et seq. The Civil Rights Act of 1968, referred to in this section, is codified as 18 U.S.C. §§ 231-233, 241, 242, 1153, 2101, 2102, 25 U.S.C. § 1301 et seq., 28 U.S.C. § 1360 nt and 42 U.S.C. §§ 1973j, 3533, 3535, 3601 — 3619, and 3631.

21-3-503. Student employment not restricted.

Nothing in this subchapter is to be construed as barring or in any way limiting the employment of students within the State of Arkansas governmental system, even though the student is participating in the cooperative education program at an institution of higher education during employment with the State of Arkansas.

History. Acts 1975, No. 551, § 9; A.S.A. 1947, § 12-2363.

21-3-504. Creation and administration.

There is established a cooperative education program for hiring qualified students from eligible institutions of higher education within the State of Arkansas to be administered by the state personnel administrator and the Arkansas Cooperative Education Advisory Committee, as provided in this subchapter.

History. Acts 1975, No. 551, § 3; A.S.A. 1947, § 12-2357.

21-3-505. Arkansas Cooperative Education Advisory Committee.

  1. The Governor shall appoint an Arkansas Cooperative Education Advisory Committee to advise and consult with the state personnel administrator in carrying out the administration of this subchapter.
  2. The state personnel administrator shall serve as chair ex officio of the committee, which shall consist of the following:
    1. Four (4) representatives of the state government system, who shall be appointed for terms of four (4) years, except when a member is appointed to complete an unexpired term; and
      1. Five (5) representatives of institutions of higher education appointed from educational institutions with cooperative education or internship programs with the five (5) members selected from the five (5) institutions with the greatest number participating in this program.
      2. Until such time as experience reveals the number of students in the program, three (3) of the five (5) members shall be appointed from public institutions and two (2) from private institutions.
    1. The committee shall meet as frequently as the state personnel administrator deems necessary but not less than semiannually.
    2. Upon request by five (5) or more members of the committee, the state personnel administrator shall immediately call a meeting of the committee.
    1. The committee shall meet to consider and approve by a favorable vote of five (5) or more members present at such meeting the eligibility of educational institutions having students desirous of applying for the cooperative education program with the state personnel administrator.
    2. Approval shall be considered necessary no more than one (1) time every three (3) years and shall be based upon the criteria established in § 21-3-508.
  3. The committee shall further consider, evaluate, and promote cooperative education within the entire system of state government and on the campuses of all eligible institutions of higher education as the committee sees fit.

History. Acts 1975, No. 551, § 8; A.S.A. 1947, § 12-2362.

Publisher's Notes. The terms of the four representatives of the state government system are arranged so that one term expires every year.

21-3-506. Agency eligibility.

All offices, branches, and agencies within state government shall be eligible to participate in the cooperative education program.

History. Acts 1975, No. 551, § 7; A.S.A. 1947, § 12-2361.

21-3-507. Student eligibility.

A student shall be eligible for a cooperative education placement upon:

  1. Certification to the state personnel administrator by the student's cooperative education program director or coordinator that the student:
    1. Has completed twenty-four (24) or more college credit hours or their equivalent measure; and
    2. Is presently enrolled as a full-time student or has completed or will complete the equivalent of twelve (12) college or graduate credit hours in the six-month period prior to taking employment under the cooperative education program; and
  2. Completion of all other application procedures required by the Office of Personnel Management for the administration of the cooperative education program.

History. Acts 1975, No. 551, § 5; A.S.A. 1947, § 12-2359.

21-3-508. School eligibility.

In order for any institution of higher education within the State of Arkansas to participate in the cooperative education program, that institution must meet the following criteria, as determined by the Arkansas Cooperative Education Advisory Committee:

  1. The institution has appointed a director or coordinator whose primary responsibility is the direction of that institution's cooperative education program, for which the director or coordinator receives proportionate compensation or released time from instruction or other administrative duties;
  2. The institution will grant academic credit toward the student's degree program for the work period within the Arkansas state government system; and
  3. The institution agrees to and does so provide the committee with a written summary of the evaluation made by the institution of the student's educational-work experience within sixty (60) days of the conclusion of that placement period.

History. Acts 1975, No. 551, § 4; A.S.A. 1947, § 12-2358.

21-3-509. State personnel administrator.

  1. The state personnel administrator shall have the responsibility to administer the cooperative education program.
  2. The duties of the administrator include, but are not limited to:
    1. Disseminating information on the availability of students through the cooperative education program and collecting requests for employment of cooperative education students;
    2. Conveying state job opportunity information to eligible institutions, to include job titles, description of duties in general, and salary and wage information;
    3. Promulgating and collecting application forms;
    4. Conveying final employment and assignment decisions, in total, to all eligible institutions;
    5. Keeping all necessary records both for the Office of Personnel Management and, as directed, by the Arkansas Cooperative Education Advisory Committee; and
    6. All other activities necessary to the orderly and lawful administration of this subchapter and not otherwise specifically delegated by this subchapter.

History. Acts 1975, No. 551, § 6; A.S.A. 1947, § 12-2360.

Subchapter 6 — Internship Program

Effective Dates. Acts 1971, No. 646, § 6: Apr. 7, 1971. Emergency clause provided: “It is hereby found and determined that it may be necessary to extend the regular session of the Sixty-Eighth General Assembly as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1971, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1971, the General Assembly hereby determines that the immediate passage of the Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1971.”

21-3-601. Internship program.

  1. The Legislative Council and the Department of Finance and Administration are authorized to establish, for their respective agencies, agreements with institutions of higher education to utilize highly qualified graduate level students who are seeking a Master of Arts or Master of Public Administration degree in the departments of political science of such institutions to perform duties for their respective agencies.
  2. The program shall be known as an “internship program” through which graduate level students can obtain practical experience in state government.
    1. Students preparing for careers in government shall be given priority in employment under this program.
    2. Only qualified graduate level students who are citizens of the State of Arkansas shall be eligible to receive the benefits of the provisions of this section.
    3. In addition, internship agreements shall be based on the anticipated benefits and services to be rendered to the Legislative Council or the Department of Finance and Administration under the agreement with the institution of higher education.
  3. All internship agreements entered into under the provisions of this section shall be at such rates as agreed to between the contracting institution of higher education and the Legislative Council or the Department of Finance and Administration, but shall not exceed two hundred fifty dollars ($250) per month per student for the time required for the student to complete his or her degree requirements, including the internship work obligations under agreements entered into under the provisions of this section.
  4. No such internship agreement shall be for more than twenty-one (21) months per student.

History. Acts 1971, No. 646, § 1; A.S.A. 1947, § 12-2351.

Subchapter 7 — Apprenticeship Programs

21-3-701 — 21-3-703. [Repealed.]

Publisher's Notes. This subchapter, concerning apprenticeship programs, was repealed by Acts 1989, No. 684, § 11. The subchapter was derived from the following sources:

21-3-701. Acts 1987, No. 722, § 1.

21-3-702. Acts 1987, No. 722, § 3.

21-3-703. Acts 1987, No. 722, § 2.

Subchapter 8 — Exceptional Employee Recruitment Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-3-801. Title.

This subchapter shall be known as the “Exceptional Employee Recruitment Program”.

History. Acts 1999, No. 1039, § 1.

21-3-802. Recruitment of retired employees.

  1. The Department of Finance and Administration shall promulgate rules providing for the recruitment of retired members of the Arkansas Public Employees' Retirement System to return to employment for the state.
  2. Before a person recruited under the Exceptional Employee Recruitment Program may be rehired by the state, the proposed employment shall be reviewed by the Legislative Council and approved by the Governor.
  3. The retirement benefits of a person rehired pursuant to this subchapter shall terminate upon reemployment. At the conclusion of the employment, the person shall receive retirement benefits with the additional service computed in his or her retirement benefits.
    1. The actuary of the system shall determine the actuarial cost of the additional retirement benefit attributable to the person's employment under the program.
    2. Upon receiving certification of the cost by the Executive Director of the Arkansas Public Employees' Retirement System, the Secretary of the Department of Finance and Administration shall transfer the actuarial cost from the fund of the agency that employed the person under the program to the Arkansas Public Employees' Retirement System Fund.

History. Acts 1999, No. 1039, § 2; 2019, No. 315, § 2318; 2019, No. 910, § 3494.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (d)(2).

Chapter 4 Attendance and Leave

Subchapter 1 — General Provisions

Cross References. Computation of length of service for veterans, § 21-1-101.

Effective Dates. Acts 1953, No. 358, § 2: Mar. 28, 1953. Emergency clause provided: “It being found as a matter of fact by the legislature that certain officials in the State of Arkansas who have been elected to public office and are serving in said office may be injured in their jobs or deprived of their seniority rights by their employers because of their absence from work during the tenure of their office to the great injury and damage to said public officials, an emergency is declared to exist and this act being necessary for the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1957, No. 242, § 2: Mar. 12, 1957. Emergency clause provided: “It being found as a matter of fact by the General Assembly that certain officials in the State of Arkansas who have been elected to public office and are serving in said office may be injured in their jobs or deprived of their seniority rights by their employers because of their absence from work during the tenure of their office to the great injury and damage to said public official, an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1957, No. 246, § 3: approved Mar. 12, 1957. Emergency clause provided: “Whereas, it is imperative that the State co-operate with the National Guard, the Reserve components of the Armed Forces and the United States Public Health Service in establishing and carrying out their training programs, and this Act being necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage.”

Acts 2003, No. 471, § 2: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is necessary for our homeland defense to have the United States Air Force Auxiliary Civil Air Patrol ready for activation if called upon; and that this act is immediately necessary because if the Civil Air Patrol is not properly prepared, the security of our nation could be compromised. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

21-4-101. Leave of absence for public service.

  1. Any person who is employed by any person, firm, or corporation in the State of Arkansas shall be granted a leave of absence, upon the election of any such employee to a public office in the State of Arkansas, or upon appointment by the Governor of any such person to a board or commission in the State of Arkansas, which office requires the employee's absence from their employment.
  2. The leave of absence shall be for such period as the employee may request, not to exceed the duration of the term of office to which the employee has been elected.
  3. The granting of the leave of absence by the employer shall not be held to impair the employee's seniority rights of the job, nor shall the departmental seniority of the employee be broken for job purposes.

History. Acts 1953, No. 358, § 1; 1957, No. 242, § 1; A.S.A. 1947, § 12-2333.

21-4-102. Leave of absence for certain training programs.

    1. All employees of the state, as defined in § 21-4-203, or of any of its political subdivisions, who desire to take a leave of absence for the purpose of participating in the military training programs made available by the National Guard or any of the reserve and auxiliary branches of the armed forces and all state employees who are members of the United States Public Health Service Ready Reserve Corps who desire to take a leave of absence for the purpose of participating in the civil defense and public health training programs made available by the United States Public Health Service shall be entitled to such a leave of absence for a period of fifteen (15) days plus necessary travel time for annual training requirements or other duties performed in an official duty status in any one (1) calendar year.
    2. To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of the calendar year.
    1. Whenever any employee is granted a leave of absence under the provisions of this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence.
    2. The leave of absence shall be in addition to the regular vacation time allowed to the employee.
    1. Employees called to duty in emergency situations by the Governor or by the President of the United States shall be granted leave with pay not to exceed thirty (30) working days, after which leave without pay will be granted. This leave shall be granted in addition to all other leave the employee shall be entitled to.
    2. “Emergency situations” shall have the same meaning as in § 21-4-212.
    1. During a leave of absence, the employee shall be entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which they have become entitled.
    2. The period of military service shall, for purposes of computations to determine whether such person may be entitled to retirement benefits, be deemed continuous service and the employee shall not be required to make contributions to any retirement fund.
    3. The state or political subdivision shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.
  1. Whenever any employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under the provisions of this section, the military leave will accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of military leave days available in any one (1) calendar year or fiscal year to be thirty (30) days.

History. Acts 1949, No. 465, § 1; 1957, No. 246, § 1; A.S.A. 1947, § 12-2332; Acts 1991, No. 673, § 2; 1991, No. 956, § 1; 2017, No. 529, § 1.

Publisher's Notes. Acts 1991, No. 956, § 1, is also codified as §§ 6-17-306(f) and 21-4-212(e).

Amendments. The 2017 amendment inserted “and auxiliary” in (a)(1).

21-4-103. Service credit for former Office of Child Support Enforcement contractors.

Any employee of the Office of Child Support Enforcement who was formerly employed by a public contractor with a contract in effect as of January 1, 1998, with the office and who moved from employment with the public contractor to employment with the office without a break in service shall be entitled to credit for service for the time he or she was employed by the contractor for the purpose of establishing eligibility for annual leave accrual and career service awards to the same extent as regular state employees.

History. Acts 1999, No. 882, § 1.

21-4-104. Leave of absence for emergency and rescue services.

  1. An employee of the state, a city of the first class, a city of the second class, an incorporated town, or a county who is a member of:
    1. The United States Civil Air Patrol or the United States Coast Guard Auxiliary and desires to take a leave of absence for the purpose of participating in a training program for the United States Civil Air Patrol or the United States Coast Guard Auxiliary or in emergency and rescue services shall be entitled to a leave of absence with pay for a period of fifteen (15) days for that purpose during any one (1) calendar year, if the leave of absence is at the request of the employee's wing commander, the wing commander's designated representative, or District 15 Captain; or
    2. The National Disaster Medical System, a Disaster Mortuary Operational Response Team, or a Disaster Medical Assistance Team, of the Office of Emergency Management of the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services and desires to take a leave of absence for the purpose of participating in a training program in emergency and rescue services shall be entitled to a leave of absence with pay for a period of fifteen (15) days for that purpose during any one (1) calendar year, if the leave of absence is in response to a United States Department of Health and Human Services National Disaster Team Alert Order.
    1. If an employee is granted a leave of absence under this section, the employee shall be entitled to his or her regular salary during the time the employee is away from his or her duties during the leave of absence.
    2. The leave of absence shall be in addition to the regular vacation time allowed to the employee.
  2. During a leave of absence, the employee shall be entitled to preserve:
    1. All seniority rights, efficiency or performance ratings, promotional status, retirement privileges, and life and disability insurance benefits; and
    2. Any other rights, privileges, and benefits to which he or she has become entitled.
  3. For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of the leave of absence shall be deemed continuous service.
  4. The state, city, or county shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

History. Acts 2003, No. 471, § 1; 2015, No. 1041, § 1.

Amendments. The 2015 amendment, in (a), inserted the (a)(1) designation and added (a)(2); inserted “the Coast Guard Auxiliary or” in (a)(1) and made stylistic changes.

21-4-105. Leave of absence for reexamination or treatment of service-connected disability.

  1. All employees of the State of Arkansas, as defined in § 21-4-203, who have been rated by the United States Department of Veterans Affairs or its predecessor to have incurred a military service-connected disability and have been scheduled by the department to be reexamined or treated for the disability shall be entitled to a leave of absence with pay for a period not to exceed six (6) days for that purpose during any one (1) calendar year.
    1. If an employee receives a leave of absence under this section, the employee shall be entitled to his or her regular salary during the time the employee is away from his or her duties during the leave of absence.
    2. The leave of absence shall be in addition to the regular annual leave and sick leave allowed to the employee.
  2. During a leave of absence, the employee shall be entitled to preserve:
    1. All seniority rights, efficiency or performance ratings, promotional status, retirement privileges, and life and disability insurance benefits; and
    2. Any other rights, privileges, and benefits to which he or she has become entitled.
  3. For purposes of computations to determine whether the employee may be entitled to retirement benefits, the period of the leave of absence shall be deemed continuous service.
  4. The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

History. Acts 2005, No. 653, § 1.

21-4-106. Leave of absence for participation in Healthy Employee Lifestyle Program — Definitions.

  1. As used in this section:
    1. “Agency” means a department, agency, bureau, including the Bureau of Legislative Research, board, or commission of any branch of state government;
    2. “Employee” means a full-time employee of the State of Arkansas or any branch, department, agency, board, bureau, including the Bureau of Legislative Research, or commission of any branch of state government; and
    3. “Healthy Employee Lifestyle Program” means the incentive program of the Department of Health that will reward regular exercise, good nutrition, and other healthy lifestyle choices.
    1. Upon completion of a pilot program to be conducted by the department, the department shall:
      1. Make the Healthy Employee Lifestyle Program available to all agency directors; and
      2. Assist the agencies in the Healthy Employee Lifestyle Program's implementation.
    2. Upon completion of the pilot program, every agency director shall consider making the Healthy Employee Lifestyle Program available to the agency's employees.
    1. At the discretion of the agency director, an employee may be granted paid leave of up to three (3) days per calendar year for satisfactory compliance with the Healthy Employee Lifestyle Program.
    2. The leave shall be used in the calendar year in which it was granted.
    3. The leave is not compensable at termination.
  2. Each agency shall identify and maintain, if practicable, in or near each agency building an area or areas that employees may use for walking exercise.

History. Acts 2005, No. 724, § 1.

21-4-107. Paid leave for firefighters with occupationally caused cancer.

    1. A paid firefighter for the state or any political subdivision of the state who has completed five (5) or more years of employment as a paid firefighter shall be granted a minimum of one thousand four hundred fifty-six (1,456) hours of paid leave upon the initiation of treatment for an occupationally caused cancer.
    2. Paid leave for occupationally caused cancer under subdivision (a)(1) of this section:
      1. Does not reduce the accrued sick leave or annual vacation leave of the firefighter;
      2. Does not impact any other employment benefit of the firefighter; and
      3. May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2).
    3. A firefighter is considered to have an occupationally caused cancer if the firefighter:
      1. While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and
      2. Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i).
    4. A firefighter is not entitled to paid leave under subdivision (a)(1) of this section if the firefighter's cancer:
        1. Did not result from the firefighter's employment with the state or political subdivision of the state.
          1. An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter.
          2. To rebut the presumption under subdivision (a)(4)(A)(ii)(a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or
      1. Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer.
      1. A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc.
      2. A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019.
    1. A fire department that participates in a network under subdivision (b)(1) of this section may provide a firefighter to a requesting fire department to relieve a firefighter granted leave under this section and employed by the requesting fire department, if:
      1. The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation;
      2. The firefighter provided by the fire department continues to be covered by all applicable laws; and
      3. The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section.

History. Acts 2019, No. 973, § 1.

Subchapter 2 — Uniform Attendance and Leave Policy Act

Effective Dates. Acts 1977, No. 664, § 3: July 1, 1977. Emergency clause provided: “It has been found and determined by the General Assembly that proper and effective management and control of state finances and personnel management required that the provisions of this Act be implemented at the commencement of the 1977-79 biennium, therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 1077, § 5: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that it is essential for the State of Arkansas to place the institutions of higher learning under the provisions of the Uniform Attendance and Leave Policy and to provide that the same rules and regulations that apply to other classified positions shall also apply to these classified positions located in the institutions of higher education. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 695, § 5: Mar. 24, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law pertaining to compensatory time under the Uniform Attendance and Leave Policy Act is vague and that this Act is immediately necessary to eliminate confusion. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 931, § 7: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that it is essential for the State of Arkansas to adopt a Uniform Personnel Classification Plan for State Agencies and to provide that essential changes are implemented for the adequate functioning of those State Agencies. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of public peace, health and safety, shall be in full force and effect from and after July 1, 1983.”

Acts 1991, Nos. 91 and 169, § 7: Feb. 7, 1991 and Feb. 18, 1991, respectively. Emergency clause provided: “It is hereby found and determined by the General Assembly that the various state agencies should be authorized to establish catastrophic leave bank programs whereby state employees could contribute accrued annual leave and sick leave to the bank so that employees who suffer catastrophic illness could continue to be paid while off work for a length of time in excess of the accrued annual leave and sick leave of the employee; that this Act authorizes the establishment of such programs; and that this Act should be given effect immediately in order to grant the various agencies the power to institute the programs as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1044, § 21 and No. 1438, § 10: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1176, § 8: Apr. 7, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that under the current law relating to the catastrophic leave program for state agency employees and for full-time employees of state institutions of higher education, catastrophic illness is defined as a medical condition of an employee only and does not include medical conditions of members of the employee's immediate family; that many times it is necessary that an employee miss work to care for a seriously ill member of the employee's immediate family; that if the employee has exhausted his or her accrued annual and sick leave and is not permitted to benefit from the catastrophic leave program he or she may suffer a substantial loss of income and serious hardship; that this act is designed to expand the term ‘catastrophic illness’ as used in the law which establishes the catastrophic leave bank program to include catastrophic illness of a spouse or parent of an employee or of a child of the employee which may be claimed as a dependent under the Arkansas Income Tax Act of 1929 and should be given effect immediately to avoid serious hardship to certain employees of state agencies and of state-supported institutions of higher education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1438, § 10: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2003, No. 194, § 3: Feb. 21, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain state employees with severe illnesses are being denied time off to deal with those illnesses; that the employees are in dire need of relief from the strict requirements of the catastrophic leave law; that by denying them the time off an unnecessary hardship has befallen those public employees; and that this act is immediately necessary because of the immediate need for time off for those employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 835, § 5: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the provisions of this act are needed to comply with the federal guidelines concerning uniform attendance and leave policies; that this act should become effective at the beginning of the fiscal year; and that this act is immediately necessary to prevent confusion and uncertainty for state employees. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2007, No. 1028, § 3: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act adds to the provisions of the Uniform Attendance and Leave Policy Act and that the ideal time to implement this change to the state's leave policies is at the beginning of the state's fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2017, No. 182, § 6: Feb. 16, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is in the best interest of the state to provide paid maternity leave to state employees; that this act is necessary because it provides a state employee the option to participate in a paid maternity leave program; and that this act is immediately necessary so that current public employees may utilize the paid maternity leave program as soon as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-4-201. Title.

This subchapter may be referred to and cited as the “Uniform Attendance and Leave Policy Act”.

History. Acts 1975, No. 567, § 2; A.S.A. 1947, § 12-2365.

21-4-202. Legislative intent.

It is the purpose and intent of this subchapter to establish a uniform attendance and leave policy for all affected state employees of agencies, boards, and commissions covered by the provisions of this subchapter.

History. Acts 1975, No. 567, § 1; A.S.A. 1947, § 12-2364.

21-4-203. Definitions.

As used in this subchapter:

  1. “Agency head” or “agency director” means the executive head of an agency, department, board, commission, bureau, council, or other entity of the state;
  2. “Annual leave” means vacation time with pay but does not include compensatory time;
  3. “Catastrophic illness” means a medical condition, as certified by a physician, of an employee, of the spouse or parent of the employee or of a child of the employee who may be claimed as a dependent under the Income Tax Act of 1929 which requires the employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all earned sick and annual leave;
  4. “Catastrophic leave” means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting all sick and annual leave;
  5. “Catastrophic leave bank” means a pool of accrued annual and sick leave donated by employees;
  6. “Compensatory time” means time off in lieu of payment for overtime hours;
  7. “Educational leave” means any period of out-service training during which time the employee pursues a regular full-time course of instruction to acquire a specific skill or skills needed;
  8. “Employee” means a person regularly appointed or employed in a position of state service by a state agency, as defined in subdivision (11) of this section, for which he or she is compensated on a full-time basis;
  9. “Probationary employee” means a person certified from a list of eligibles or employed through a work test appointment and serving a probationary period;
  10. “Provisional employee” means a person who has been appointed to fill a position pending the establishment of a register for such a position;
  11. “State agencies” means all agencies, departments, boards, commissions, bureaus, councils, state-supported institutions of higher education, or other agencies except the following excluded agencies or positions within agencies:
    1. The elected constitutional officers of this state and their employees;
    2. The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;
    3. Members of the Supreme Court, members of the Court of Appeals, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, but not including deputy prosecuting attorneys;
    4. The Arkansas Department of Transportation; and
    5. All administrative, academic, or other nonclassified employees of the state-supported institutions of higher education;
  12. “Temporary employee” means a person who has been appointed from a register for a period of time not to exceed six (6) months;
    1. “Working day” means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired.
    2. For the purposes of this subchapter, a working day consists of eight (8) hours; and
  13. “Years of service” includes the total number of years of employment with all agencies of Arkansas state government whether such employment is continuous or not.

History. Acts 1975, No. 567, § 3; 1979, No. 1077, § 1; 1981, No. 695, §§ 1, 2; A.S.A. 1947, § 12-2366; Acts 1991, No. 91, § 1; 1991, No. 169, § 1; 1999, No. 1044, § 6; 1999, No. 1176, § 3; 1999, No. 1438, § 4; 2001, No. 1553, § 33; 2013, No. 997, § 1; 2015, No. 389, § 1; 2017, No. 182, §§ 1, 2; 2017, No. 254, § 1; 2017, No. 707, § 67.

Amendments. The 1999 amendment by No. 1176, in (4), added “or of the spouse or parent … Tax Act of 1929” and substituted “except for the catastrophic leave program, would result” for “results”; and made stylistic changes.

The 1999 amendment by No. 1438, in (1)(C), inserted “the Administrative Office of the Courts” and substituted “but not including deputy prosecuting attorneys” for “and the Administrative Office of the Courts.”

The 2001 amendment substituted “Arkansas Surpreme Court, members of the Arkansas Court of Appeals, the Administrative” for “Supreme Court, the Administrative” in (1)(C).

The 2013 amendment added the definitions for “Immediate family member,” “Severe illness” and “Shared leave”.

The 2015 amendment added (17)(C) [now (13)(C)].

The 2017 amendment by No. 182 inserted “and sick” in (5); and deleted former (9), (12), and (13) and redesignated the remaining subdivisions accordingly.

The 2017 amendment by No. 254 substituted “an agency, department, board, commission, bureau, council, or other entity” for “all agencies, departments, boards, commissions, bureaus, councils, or other agencies” in (1); substituted “does not” for “shall not” in (2); in (3), deleted “or” following the first occurrence of “employee”, substituted “who” for “that”, deleted “§ 26-51-101 et seq.” following “1929”, and substituted “the employee's” for “an employee's”; inserted “a” preceding “position” at the end of (10); and substituted “consists” for “shall consist” in (13)(B).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (14)(D) [now (11)(D)].

21-4-204. Annual leave — Accrual and use.

    1. Except for the employees under subdivision (a)(2) of this section, each permanent or probationary employee shall be entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service including the probationary period:
    2. Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service:
  1. Annual leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) working day for each complete month of service.
  2. Annual leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (½) time computed on the basis of one-half (½) the rate of the schedule for full-time employees for each complete month of service.
  3. Annual leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.
      1. Annual leave shall be cumulative. No employee shall have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year.
      2. No fire or emergency service employee under subdivision (a)(2) of this section shall accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year.
    1. Accumulated annual leave shall be granted by the agency director at such time or times as will least interfere with the efficient operation of the agency.
    2. Employees transferring between state agencies without a break in service shall retain, at the time of transfer, all accumulated annual leave credits.
    3. Change of positions in the annual leave schedule shall be determined on the basis of completed years of service. Seniority for reinstated employees will be brought forward in completed years of service only.
    4. Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate.
    5. Annual leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month.
    6. Saturdays, Sundays, holidays, and nonworking days within a period of annual leave shall not be charged as annual leave. Annual leave granted shall be based on working days.
    1. Unearned annual leave shall not be loaned.
    2. The minimum charge for absence on account of annual leave shall be fifteen (15) minutes.

Through 3 years 1 day per month 3 through 5 years 1 day and 2 hours per month 5 through 12 years 1 day and 4 hours per month 12 through 20 years 1 day and 6 hours per month Over 20 years 1 day and 7 hours per month

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Through 3 years 1 day and 4 hours per month 3 through 5 years 1 day and 7 hours per month 5 through 12 years 2 days per month 12 through 20 years 2 days and 3 hours per month Over 20 years 2 days and 5 hours per month

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History. Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 1997, No. 155, § 1; 2003, No. 356, §§ 1, 2; 2019, No. 910, § 5546.

Amendments. The 2003 amendment added (a)(2); in present (a)(1), added “Except for the employees under subdivision (a)(2) of this section” at the beginning and made stylistic changes; added (e)(1)(B); and inserted “of” preceding “annual leave” in (e)(1)(A).

The 2019 amendment substituted “Department of the Military” for “State Military Department” in the introductory language of (a)(2).

21-4-205. Annual leave — Unused leave.

    1. Except as provided in subdivision (a)(2) of this section, whenever an employee is separated from the agency by reason of resignation, layoff, termination of appointment, or dismissal, the unused annual leave to his or her credit as of his or her last duty date shall be liquidated by a lump-sum payment, not to exceed thirty (30) working days, inclusive of holidays.
    2. Unused annual leave to the credit of a fire and emergency service employee under § 21-4-204(a)(2) shall be liquidated by a lump-sum payment, not to exceed forty-five (45) working days, inclusive of holidays.
    1. Unused accumulated annual leave of a deceased employee, not to exceed thirty (30) days, shall be payable either to the estate of the deceased or to an individual authorized to receive such payment.
    2. Payment for services of an employee on leave with pay status at the time of death shall continue through close of business on the day of demise.
    3. No payment shall be made in any case until it shall have been determined that the deceased was not indebted to the agency.
    4. A voucher shall be prepared for the money due to be made payable either to the estate of the deceased or to an individual authorized to receive such payment.

History. Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 2007, No. 606, § 1.

21-4-206. Sick leave — When granted — Definition.

    1. Sick leave with pay shall be granted to employees when they are incapacitated for the performance of their duties by sickness, injury, or for medical, dental, or optical treatment.
    2. Sick leave may not be granted for slight illness or indisposition not incapacitating the employee for the performance of his or her regular duties.
    1. Sick leave may also be granted employees due to a death or serious illness of a member of the employee's immediate family.
    2. For the purposes of this subsection, “immediate family” means the father, mother, sister, brother, husband, wife, child, grandmother, grandfather, grandchild, in-laws, or any individual acting as parent or guardian of an employee.

History. Acts 1975, No. 567, § 5; A.S.A. 1947, § 12-2368; Acts 2003, No. 835, § 1.

A.C.R.C. Notes. The term “immediate family member” is defined for the subchapter in § 21-4-203.

Amendments. The 2003 amendment added the subdivision designations in (b); and, in present (b)(2), substituted “means” for “shall mean” and inserted “grandchild.”

21-4-207. Sick leave — Accrual and use.

      1. Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period.
      2. Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.
      1. Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year.
        1. Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year.
        2. Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.
        1. An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave.
        2. An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.
      1. A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.
  1. Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.
  2. Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service.
  3. Sick leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (½) time computed on the basis of one-half (½) the rate of the schedule for full-time employees for each complete month of service.
    1. Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month.
    2. Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days.
    3. Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits.
    4. Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit.
    1. Except in the case of maternity leave, absences due to sick leave shall be charged in the following order:
      1. Earned sick leave;
      2. Earned annual leave;
      3. Shared leave, when authorized;
      4. Catastrophic leave, when authorized; and
      5. Leave without pay, when authorized.
      1. Requests for sick leave shall be applied for in advance.
      2. If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty.
      3. If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director.
    2. The minimum charge for absence on account of sickness shall be fifteen (15) minutes.

History. Acts 1975, No. 567, § 5; 1983, No. 129, § 1; A.S.A. 1947, § 12-2368; Acts 1989, No. 265, § 1; 1991, No. 91, § 3; 1991, No. 169, § 3; 1997, No. 155, § 2; 2003, No. 356, § 3; 2003, No. 835, § 2; 2007, No. 606, § 2; 2013, No. 997, § 2; 2019, No. 910, § 5547.

Amendments. The 2003 amendment by No. 356 redesignated the former introductory language of (a), (a)(1) and (2) as present (a)(1)(A), (2)(A) and (3), respectively; added the exception at the beginning of (a)(1)(A); added (a)(1)(B) and (a)(2)(B); and added the subdivision designations in present (a)(3).

The 2003 amendment by No. 835 substituted “ten (10) or more days” for “more than ten (10) days” in (e)(1).

The 2013 amendment inserted (f)(1)(C) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Department of the Military” for “State Military Department” in (a)(1)(B).

21-4-208. Sick leave — Use in conjunction with workers' compensation.

    1. Employees who are absent from work due to a temporary occupational injury or illness and who are entitled to workers' compensation benefits, upon proper application, may utilize their accrued sick leave as a supplement to their workers' compensation benefits so as to receive benefits from both sources equal to but not in excess of their normal weekly pay at the time of their injury or onset of illness.
    2. Such option, when exercised, shall reduce the employee's accrued sick leave on a proportional basis.
    1. In the event an employee receives workers' compensation payments as a salary benefit in addition to sick leave payments and the combined payments exceed the employee's normal weekly pay, the employee shall pay the excess amount to the agency for deposit into the agency's fund from which the sick leave has been paid.
    2. Upon receipt of the excess amount of pay, the agency shall then restore to the employee's credit that amount of sick leave that was used in a proportion that the workers' compensation payment is to the employee's weekly pay.

History. Acts 1975, No. 567, § 5; 1977, No. 664, § 1; A.S.A. 1947, § 12-2368.

21-4-209. Maternity leave.

  1. Maternity leave shall be treated as any other leave for sickness or disability. Accumulated sick leave and annual leave, if requested by the employee, shall be granted for maternity use, after which leave without pay may be used.
  2. Catastrophic leave under § 21-4-214 may be used for maternity leave.

History. Acts 1975, No. 567, § 5; A.S.A. 1947, § 12-2368; Acts 2017, No. 182, § 3.

Amendments. The 2017 amendment added (b).

21-4-210. Leave of absence without pay.

    1. Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless:
      1. Granted in accordance with § 21-4-212; or
      2. The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency.
    2. At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless:
      1. The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or
      2. The position is no longer available due to a budgetary reduction in staff of the agency.
  1. Failure on the part of an employee to report promptly at the expiration of the leave of absence except for satisfactory reasons submitted in advance shall be a cause for dismissal.
      1. Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted.
      2. However, an agency may place an employee in a leave-without-pay status:
        1. For disciplinary reasons in accordance with the agency's written and publicized personnel policy;
        2. Due to inclement weather as designated by state policy; or
        3. Due to necessary budget reduction as determined by the state agency director.
    1. Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted.
    2. In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave.
    1. Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays.
    2. Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty.

History. Acts 1975, No. 567, § 6; 1983, No. 129, § 2; 1983, No. 931, § 5; A.S.A. 1947, § 12-2369; Acts 2003, No. 835, § 3.

Amendments. The 2003 amendment rewrote (a); added the subdivision designations in (c) and made stylistic changes; and added (c)(1)(B)(ii) and (iii).

21-4-211. Educational leave.

A permanent employee who is given out-service training may be granted educational leave by the agency director on the following basis:

  1. The employee will continue in the service of the agency for a period of time as statutorily required or, in the absence of a specific law, at least two (2) times the length of his or her course of training;
    1. Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period.
    2. A written contract shall be signed by the employee and the agency setting forth all terms of the agreement;
  2. The employee shall retain all rights in the position held at the time when leave was granted or in a position with comparable security and pay;
  3. The employee shall retain all benefits and rights during the training period that accrued during that time to regular employees;
  4. The amount of salary paid during the training period shall be as agreed by the employee and agency director but shall not exceed the regular salary paid the employee; and
    1. Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health.
    2. The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year.

History. Acts 1975, No. 567, § 9; A.S.A. 1947, § 12-2372; Acts 1999, No. 193, § 1; 2007, No. 280, § 1; 2009, No. 252, § 1.

Amendments. The 2009 amendment made minor stylistic changes in (5); in (6)(A), substituted “department” for “Division of Health of the Department of Health,” substituted “a doctor of public health” for “DrPH” and substituted “a doctor of philosophy degree” for “PhD degree.”

21-4-212. Military leave — Definition.

    1. Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status.
    2. To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year.
    3. The leave shall be granted without loss of pay and in addition to regular vacation time.
    4. Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file.
    1. An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment.
    2. The right of reemployment shall conform with all federal government rules and regulations.
    1. Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time.
    2. As used in this section, “emergency situations” means:
      1. Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof;
      2. Threats to the public health or security; or
      3. Threats to the maintenance of law and order.
    1. During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled.
    2. For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund.
    3. The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.
  1. Whenever an employee as defined under § 21-4-203 or an employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave shall accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of thirty (30) military leave days available in any one (1) calendar year or fiscal year.

History. Acts 1975, No. 567, § 7; A.S.A. 1947, § 12-2370; Acts 1989, No. 586, § 1; 1991, No. 673, § 3; 1991, No. 956, § 1; 2011, No. 1164, § 3; 2017, No. 529, § 2.

Publisher's Notes. Acts 1991, No. 956, § 1, is also codified as §§ 6-17-306(f) and 21-4-102(e).

Amendments. The 2011 amendment rewrote (a)(1); deleted former (c) and redesignated the remaining subsections accordingly; and inserted “As used in this section” in the introductory language of present (c)(2).

The 2017 amendment inserted “or auxiliary” in (a)(1).

21-4-213. Court and jury leave — Definition.

  1. An employee serving as a juror in state or federal court shall be entitled to full compensation in addition to any fees paid for such services, and such services or necessary appearances in any court shall not be counted as annual leave.
  2. If an employee is subpoenaed as a witness to give a deposition or testimony in state or federal court, at a hearing, or before any body with power to issue a subpoena, the employee is:
    1. Entitled to his or her salary if the employee is a witness in a matter:
      1. Within the employee's scope of state employment; or
      2. Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and
    2. Required to take annual leave to attend the deposition, hearing, or appear in court only if the matter is outside of the employee's scope of state employment and the employee is serving as a paid expert witness or is a party to the matter.
    1. If a law enforcement officer is subpoenaed to appear at a time when the law enforcement officer is not scheduled for regular duty:
      1. This section shall not apply; and
      2. The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer.
    2. As used in this section, “law enforcement officer” means any public servant vested by law with a duty to maintain public order or to make arrests for offenses.

History. Acts 1975, No. 567, § 8; A.S.A. 1947, § 12-2371; Acts 2003, No. 835, § 4; 2005, No. 1845, § 3.

Amendments. The 2003 amendment substituted “a juror or subpoenaed as a witness … scope of state employment” for “a witness or juror or party litigant.”

The 2005 amendment added (b) and (c); and, in (a), substituted “An” for “Any,” deleted “or subpoenaed as a witness to give a deposition in a court or hearing not involving personal litigation or service as a paid expert witness outside the scope of state employment,” following “a juror,” and inserted “in state or federal court.”

21-4-214. Catastrophic leave program.

    1. The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program.
      1. Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management.
      2. The following governmental entities may voluntarily participate in the catastrophic leave bank program or establish a catastrophic leave bank for its employees:
        1. The General Assembly;
        2. The Bureau of Legislative Research;
        3. Arkansas Legislative Audit;
        4. The Arkansas Department of Transportation;
        5. The Arkansas State Game and Fish Commission;
        6. The Supreme Court;
        7. The Court of Appeals;
        8. The Administrative Office of the Courts;
        9. A constitutional office; and
        10. Institutions of higher education.
  1. Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.
  2. Catastrophic leave with pay may be granted to an employee when the employee is unable to perform his or her duties due to a catastrophic illness, including maternity purposes.
  3. An employee may be eligible for catastrophic leave when:
      1. The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more.
      2. A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if:
        1. The person's combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and
        2. The lapse in the person's employment between the state and a public school district or state-supported institution of higher education is less than six (6) months;
    1. The employee is female, and the catastrophic leave is to be used for maternity purposes after:
      1. The birth of the employee's biological child; or
      2. The placement of an adoptive child in the home of the employee;
      1. At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section.
      2. A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section;
        1. An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave.
        2. An employee on catastrophic leave for maternity purposes does not accrue any leave;
    2. An acceptable medical certificate from a physician supporting the continued absence is on file; and
    3. The employee has not been disciplined for any leave abuse during the past year from the time of application.
    1. Up to four (4) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes.
    2. The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth or adoption of a child.
    3. After the expiration of the four (4) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under § 21-4-209.
    4. Catastrophic leave for maternity purposes shall run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3.
  4. If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.
  5. The Secretary of the Department of Transformation and Shared Services, or the secretary's designee, shall establish policies and procedures:
    1. As deemed necessary to carry out the provisions of this section; and
    2. To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave.

History. Acts 1991, No. 91, § 2; 1991, No. 169, § 2; 1999, No. 1176, § 4; 2003, No. 194, §§ 1, 2; 2009, No. 870, § 1; 2017, No. 182, § 4; 2019, No. 390, §§ 1, 2; 2019, No. 910, §§ 3495, 6123, 6124.

A.C.R.C. Notes. The introductory language of subsection (g) was amended by Acts 2019, No. 910, §§ 3495 and 6124. The amendments cannot be reconciled. Under rules of statutory construction, Acts 2019, No. 910, § 6124, being the later section, has the effect of repealing Acts 2019, No. 910, § 3495. Acts 2019, No. 910, § 3495, amended the introductory language of (g) to read as follows: “(g) The Secretary of the Department of Finance and Administration, or the secretary's designee, shall establish policies and procedures:”

Amendments. The 1999 amendment substituted “when such employee is unable to perform his or her duties” for “when such employee is incapacitated for the performance of the employee's duties” in (c); rewrote (d)(2); deleted former (d)(3); redesignated former (d)(4) and (d)(5) as present (d)(3) and (d)(4); added (e); redesignated former (e) as present (f); and made stylistic changes.

The 2003 amendment redesignated former (d)(2) as present (d)(2)(A) and added “unless the combined … this section”; added (d)(2)(B); added (f)(2); and made stylistic and gender neutral changes in (f).

The 2009 amendment rewrote (d)(1).

The 2017 amendment substituted “the statewide” for “a” in (a)(1); substituted “shall” for “approved by the department to participate in the catastrophic leave bank program may establish a catastrophic leave bank for its employees, or the state agency may” in (a)(2)(A); added (a)(2)(B); added “including maternity purposes” to the end of (c); substituted “one (1) year” for “two (2) years” in (d)(1)(A), the introductory language of (d)(1)(B), and (d)(1)(B)(i); inserted present (d)(2) and redesignated the remaining subdivisions accordingly; added (d)(3)(C); substituted “year from the time of application” for “two (2) years” in (d)(5); inserted present (e) and redesignated the remaining subsections accordingly; substituted “establish policies and procedures” for “promulgate rules and regulations” in (g); and made stylistic changes.

The 2019 amendment by No. 390, in (d)(1)(A), substituted the first occurrence of “one (1) year or more” for “more than (1) year” and substituted the second occurrence of “one (1) year or more” for “more than two (2) years”; and substituted “The employee is female, and the catastrophic leave is to be used for maternity purposes” for “Catastrophic leave for maternity purposes may be granted to a female employee” in the introductory language of (d)(2).

The 2019 amendment by No. 910, § 3495, in the introductory language of (g), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary’s” for “director’s”.

The 2019 amendment by No. 910, §§ 6123, 6124, substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (a)(1); and, in the introductory language of (g), substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” and “secretary’s” for “director’s”.

U.S. Code. The Family and Medical Leave Act of 1993, Pub. L. No. 103-3, referred to in this section, is primarily codified as 29 U.S.C. § 2601 et seq. and 5 U.S.C. § 6381 et seq.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Public Officers and Employees, Catastrophic Leave Program, 26 U. Ark. Little Rock L. Rev. 474.

21-4-215. Leave for bone marrow or organ donation — Definitions.

  1. As used in this section:
    1. “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person;
    2. “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes;
    3. “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person;
    4. “Public school” means any public school or education service cooperative located in the State of Arkansas;
    5. “Public school employee” means a full-time employee of a public school or education service cooperative;
    6. “State agency” means an agency, bureau, board, or commission of any branch of state government, and all state-supported institutions of higher education; and
    7. “State employee” means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education.
  2. In any calendar year, a state employee or public school employee is entitled to the following leave in order to serve as an organ donor or a bone marrow donor:
    1. No more than seven (7) days of leave to serve as a bone marrow donor; and
    2. No more than thirty (30) days of leave to serve as an organ donor.
  3. In order to qualify for the leave, the state employee or public school employee must:
    1. Request the leave in writing;
    2. Provide the employing agency written verification by the physician to perform the transplantation that the employee is to serve as a human organ or bone marrow donor; and
    3. Provide the employing agency written verification by the physician performing the transplantation that the employee did serve as a human organ or bone marrow donor.
  4. A state employee or school employee may use the leave as provided in this section without loss or reduction in pay, leave, or credit for time of service.
  5. A state agency or public school shall not penalize an employee for requesting or obtaining leave pursuant to this section.

History. Acts 2003, No. 546, § 3; 2007, No. 617, § 41.

Cross References. Organ and tissue donation education in driver's instruction manual, § 27-18-109.

Organ donor awareness education, § 6-16-501.

21-4-216. Leave for participation in children's educational activities — Definitions.

  1. As used in this section:
      1. “Child” means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee:
        1. Natural child;
        2. Adopted child;
        3. Stepchild;
        4. Foster child;
        5. Grandchild;
        6. Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or
        7. Any other legal capacity in which the employee is acting as a parent for the child.
      2. “Child” includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and:
        1. Has a developmental disability as defined in § 20-48-101; or
        2. Is declared legally incompetent;
      1. “Educational activity” means any school-sponsored activity.
      2. “Educational activity” includes without limitation:
        1. Attending a parent-teacher conference;
        2. Participating in school-sponsored tutoring of the child;
        3. Participating in a volunteer program sponsored by the school in which the child is enrolled;
        4. Attending a field trip with the child;
        5. Attending a school-sponsored program or ceremony in which the child is participating;
        6. Attending a graduation or homecoming ceremony in which the child is participating;
        7. Attending an awards or scholarship presentation in which the child is participating;
        8. Attending a parents' or grandparents' breakfast in which the child is participating;
        9. Attending a classroom party in which the child is participating;
        10. Attending a school committee meeting of the school in which the child is enrolled;
        11. Attending an academic competition in which the child is participating;
        12. Attending an athletic, music, or theater program in which the child is enrolled; and
        13. Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program;
    1. “Prekindergarten” means an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program;
    2. “State agency” means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and
    3. “State employee” means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education.
    1. All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of engaging in and traveling to or from the educational activities of a child.
    2. Leave under subdivision (b)(1) of this section:
      1. That is unused may not be carried over to the next calendar year; and
      2. Is not compensable to the state employee at the time of retirement.

History. Acts 2007, No. 1028, § 2; 2011, No. 584, §§ 1, 2; 2013, No. 134, § 1; 2015, No. 294, §§ 1, 2.

A.C.R.C. Notes. Acts 2007, No. 1028, § 1, provided:

“Legislative intent. The purpose of this act is to allow state employees an opportunity to participate in their children's educational activities by granting eight (8) hours of children's educational activity leave per calendar year.”

Amendments. The 2011 amendment redesignated former (a)(1)(A) through (G) as (a)(1)(A)(i) through (vii); inserted “an educational program for” in (a)(1)(A); and added (a)(1)(B), (a)(2)(B)(ix), and (a)(3).

The 2013 amendment, in (a)(1)(B), added “over eighteen (18) years of age and,” rewrote (a)(1)(B)(i) and added “Is” preceding “declared” in (a)(1)(B)(ii).

The 2015 amendment rewrote (a)(2); and substituted “engaging in and traveling to or from” for “attending or assisting with” in (b)(1).

21-4-217. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2017, No. 182, § 5, supersedes the amendment of this section by Acts 2017, No. 707, § 68. The 2017 amendment by Act 707 changed “Arkansas State Highway and Transportation Department” to “Arkansas Department of Transportation” in (b)(1)(E).

Publisher's Notes. This section, concerning shared leave, was repealed by Acts 2017, No. 182, § 5. The section was derived from Acts 2013, No. 997, § 3; 2015, No. 389, § 2.

Subchapter 3 — Military Leave of Absence

Cross References. Rights of reservists, § 21-3-306.

Effective Dates. Acts 1943, No. 247, §§ 17, 20: effective as of date of entry of affected official or employee into military service after Nov. 11, 1940. Emergency clause provided: “Whereas considerable confusion has been caused by the induction of state, county, and municipal officials and employees, into the armed forces of the United States, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage.” Approved March 18, 1943.

Acts 1955, No. 72, § 2: approved Feb. 17, 1955. Emergency clause provided: “Whereas the Federal Selective Service Act has been amended to provide the above four-year limitation on re-employment rights, and, whereas there exists considerable confusion regarding the status of public employees in military service, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage.”

21-4-301. Definitions.

As used in this subchapter:

  1. “Active service” or “active duty” shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause;
  2. “Military service” shall signify federal service on active duty with any branch of service referred to in subdivision (4) of this section as well as training or education under the supervision of the United States preliminary to induction into the military service;
    1. “Period of military service” shall include the time between the following dates:
      1. For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and
      2. For persons entering active service, it shall begin with the date of their induction into active service.
    2. It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and
  3. “Person in military service” and “persons in the military service of the United States” shall include the following persons and no others:
    1. All members of the United States Army, United States Navy, United States Marine Corps, and United States Coast Guard; and
    2. All officers of the United States Public Health Service detailed by proper authority for duty with either the United States Army or the United States Navy.

History. Acts 1943, No. 247, § 1; A.S.A. 1947, § 12-2301.

21-4-302. Officers — Leave of absence granted to perform active military service.

  1. Subject to the provisions of this subchapter, the following officers shall be granted leave of absence from their respective offices and duties to perform active military service:
    1. State officials;
    2. County officials;
    3. County school officials;
    4. Municipal officials;
    5. Township officials; and
    6. All others who hold an elected office under the government of the State of Arkansas.
  2. When an officer volunteers or is called into active duty in the United States Armed Forces during war, the Governor, or person or persons whose duty it is to fill the vacancy should there be one, shall, upon application being made by the officer, grant the officer a leave of absence during the time the officer is retained in the military service, subject to the exceptions provided in this subchapter.
    1. An officer who volunteers or is called into active duty in the United States Armed Forces shall not be deemed to have forfeited his or her office during his or her leave of absence for military duty.
    2. Upon completion of active military duty, the officer shall be permitted to resume his or her office for the remainder of the term for which he or she was elected.

History. Acts 1943, No. 247, §§ 2, 3; A.S.A. 1947, §§ 12-2302, 12-2303; Acts 2009, No. 775, § 1.

Amendments. The 2009 amendment rearranged and redesignated the provisions of (a); added (c); and made minor stylistic changes.

21-4-303. Officers — Deputy appointed by officer.

  1. Officers who are authorized by law to appoint deputies shall appoint capable and competent deputies to take over and perform the duties of the office while the officers are on leave.
  2. The deputy shall be required to furnish good and sufficient bond in the same sum as required of the officer appointing him or her for the faithful performance of such duties.
  3. After the bond is furnished by the deputy, the bond of the officer appointing him or her shall be null and void.
    1. Such officer shall file a certificate with the county clerk stating that he or she is taking a leave of absence under the provisions of this subchapter and shall name in the certificate the deputy selected by him or her to fill the office while he or she is on leave.
    2. The county clerk shall record the certificate in the records of the county court.
  4. The deputy so appointed shall have the right to appoint any deputies necessary for the efficient operation of the office.
    1. Any deputy qualifying under the provisions of this subchapter shall perform all duties that may devolve upon the officer appointing him or her, and shall sign all official papers and documents in the name of the officer so appointing him or her as deputy.
    2. The deputy's acts shall in all respects be as binding as if performed by the officer appointing such deputy.

History. Acts 1943, No. 247, §§ 5, 6; A.S.A. 1947, §§ 12-2305, 12-2306.

21-4-304. Officers — Deputy appointed by Governor.

    1. Any elected officer who is not authorized by law to appoint deputies to perform the duties of the office which he or she holds, except circuit judges and members of the General Assembly, shall select a competent and qualified person to perform the duties of the office during the time the officer is on leave and certify to the Governor, or the person or persons who would be authorized to fill a vacancy if one should occur in the office, the selection of such person.
    2. The Governor shall confirm the selection by appointment unless he or she shall determine that the person is unfit and not qualified to fill the office.
    3. After it is determined that the person so selected is not qualified, the Governor shall make a statement in writing setting out his or her specific objections to the person selected, and the officer applying for a leave shall certify the selection of a person who is found to be qualified before the leave of absence may be granted.
    4. However, if the officer fails or refuses to appoint or select a person qualified, the Governor, or person who would have the authority to appoint a qualified person to fill the office during the leave, shall make such appointment.
  1. When the officer terminates his or her military service and appears and offers to resume the duties of his or her office, the person appointed to fill the office shall relinquish the same to him or her.

History. Acts 1943, No. 247, §§ 9, 11; A.S.A. 1947, §§ 12-2309, 12-2311.

21-4-305. [Repealed.]

Publisher's Notes. This section, concerning military leave of absence for chancery court judges, was repealed by Acts 2003, No. 1185, § 258. The section was derived from Acts 1943, No. 247, § 7; A.S.A. 1947, § 12-2307.

21-4-306. Circuit court judges.

  1. Whenever a judge of a circuit court shall volunteer or be called into the military service of the United States, the office shall be filled during such leave of absence by the election of an emergency circuit judge by a majority of all regular licensed and practicing attorneys of the judicial district in attendance at a meeting to be called by the circuit judge, after due notice to the attorneys.
  2. The emergency circuit judge shall hold and discharge the duties of the office until such time as the regularly elected circuit judge shall reassume the office and shall be vested with all the powers and charged with all the duties incident to the office.
  3. The emergency circuit judge shall be compensated in the same manner and amount as provided by law to the regularly elected circuit judge holding such office.

History. Acts 1943, No. 247, § 8; A.S.A. 1947, § 12-2308.

Case Notes

Act Retroactive.

This section amended the previous civil service act and was retroactive, so that city ordinance of 1942 providing for retention of civil service status of all municipal employees while in the armed services was valid. Smith v. Little Rock Civil Serv. Comm'n, 214 Ark. 765, 218 S.W.2d 366 (1949).

21-4-307. Officers — Expiration of term while on leave.

  1. In the event the term of office of an official on leave shall expire during leave, the office of that official shall be filled by election or appointment as may be required by law.
  2. However, the official on leave shall have the right to qualify and become a candidate for such office, and if nominated and elected, shall have the same rights and privileges provided in this subchapter.

History. Acts 1943, No. 247, § 4; A.S.A. 1947, § 12-2304.

21-4-308. Employees — Leave of absence granted at discretion of employer.

  1. In the discretion of their employer, all employees of the state, counties, municipalities, or political subdivisions of Arkansas may be granted leave of absence under the terms of this subchapter and upon leave of absence’s being granted to officials under this subchapter.
  2. However, an employee shall not have the right to select or in any way control the selection of his or her successor.

History. Acts 1943, No. 247, § 12; A.S.A. 1947, § 12-2312.

21-4-309. Employees — Reemployment rights.

  1. Any public employee who may be granted a leave of absence under the provisions of this subchapter and who serves for not more than four (4) years, plus any period of additional service imposed pursuant to law shall be entitled, upon release from service under honorable conditions, to reemployment rights as provided by federal law.
  2. The refusal of any state, county, or municipal official to comply therewith shall subject the official to removal from office.

History. Acts 1943, No. 247, § 13; 1955, No. 72, § 1; A.S.A. 1947, § 12-2313.

Case Notes

Seniority Rights.

Policeman who was at head of list when he entered service was entitled to be restored to position on list on return from service, as court must consider federal, state, and municipal legislation in passing on rights of public employee as returning serviceman. Smith v. Little Rock Civil Serv. Comm'n, 214 Ark. 765, 218 S.W.2d 366 (1949).

21-4-310. Employment and retirement rights.

  1. During a leave of absence, an official shall be entitled to preserve all seniority rights, efficiency rating, promotional status, and retirement privileges.
  2. The period of active military service shall, for purposes of computations to determine whether such persons may be entitled to retirement under the laws of the State of Arkansas, be deemed continuous service in the office of the official or employee.
  3. While absent on leave, the official or employee shall not be required to make contribution to any retirement fund.

History. Acts 1943, No. 247, § 10; A.S.A. 1947, § 12-2310.

Case Notes

Seniority.

This section undertook to preserve status of both public officers and public employees who entered the armed services. Smith v. Little Rock Civil Serv. Comm'n, 214 Ark. 765, 218 S.W.2d 366 (1949).

Temporary Appointments.

Where city ordinance provided that all appointments to municipal grades were to be considered temporary until six months after termination of emergency by the President of the United States, all appointments would still be temporary until such declaration by the President although hostilities had ceased, but court could not require new examinations for permanent positions until the city council set up machinery for procedure. Smith v. Little Rock Civil Serv. Comm'n, 214 Ark. 765, 218 S.W.2d 366 (1949).

21-4-311. Vacancy in office or position.

  1. Should any person appointed to fill the office or perform the duties of an employee to whom a leave of absence has been granted die, resign, or in any manner or for any cause vacate the office or position to which he or she was appointed, the Governor, or person whose duty it would be to fill the office or position if a vacancy should occur, shall select and appoint a capable and competent person to perform the duties of the office or position until the term of office or employment expires or until the official or employee appears for the purpose of resuming the office or position.
  2. The appointment shall expire and terminate upon either the expiration of the term of office or employment or appearance of the official or employee for the purpose of the resumption of his or her duties.

History. Acts 1943, No. 247, § 15; A.S.A. 1947, § 12-2315.

21-4-312. Compensation of absentee and deputy or substitute.

  1. The deputies or other persons appointed to fill the office or position of the official or employee during a leave of absence under the provisions of this subchapter shall receive the same compensation and shall be paid in the same manner as the official or employee whose duties he or she assumes.
  2. During the time any official or employee is absent from his or her office or position on a leave of absence granted under the provisions of this subchapter, he or she shall not be entitled to compensation.

History. Acts 1943, No. 247, §§ 14, 15; A.S.A. 1947, §§ 12-2314, 12-2315.

21-4-313. Commission, oath of deputy, or substitute.

  1. It shall not be required that a commission issue to any person appointed to fill any office or position of one who has been granted a leave of absence under the provisions of this subchapter.
  2. Every person so appointed shall be required to take and subscribe to the same oath as the officer or employer was required to take before he or she entered upon the performance of the duties of the office or position.

History. Acts 1943, No. 247, § 16; A.S.A. 1947, § 12-2316.

Subchapter 4 — Deceased Employees — Payment for Accrued Leave

Cross References. Death benefits for public employees, § 21-5-701 et seq.

Effective Dates. Acts 1967, No. 97, § 6: Feb. 15, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that employees of the State of Arkansas die from time to time leaving surviving spouses and/or minor children, who are desperately in need of financial assistance, when such employee has accumulated unused vacation time for which there is presently no legal authority to pay sums equitably due and that this Act is immediately necessary to authorize the payment of the same. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force and effect from and after its passage and approval.”

Acts 1991, No. 692, § 6: Mar. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act will allow the estate of a deceased state employee to receive payment for unused annual leave and holidays accrued to the deceased (not to exceed sixty (60) days) at the time of death; that some families of deceased state employees will receive benefits under this Act; and that this Act should go into effect immediately in order to provide those benefits as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

21-4-401. Specific repeal required.

This subchapter shall remain in full force and effect in the event that subsequent legislation relative to vacations is enacted, unless it is specifically repealed.

History. Acts 1967, No. 97, § 4; A.S.A. 1947, § 12-2346.

21-4-402. Payment for accrued vacation.

  1. It shall be the duty of the officer in charge of each agency, department, commission, or board of the State of Arkansas, immediately upon the death of any employee thereof, to cause to be ascertained the number of days of vacation which have accrued and which have not been taken by such employee and to cause the preparation of a voucher or other document which shall direct the payment of a sum which is determined by multiplying the number of unused accrued vacation days by the daily rate of pay which was being paid to such deceased employee as of the date of his or her death.
  2. The Auditor of State or other authorized disbursing officer of any agency, department, commission, or board shall prepare a check, draft, or other negotiable instrument made payable to the estate of the decedent.

History. Acts 1967, No. 97, § 1; A.S.A. 1947, § 12-2343.

21-4-403. Determination of amount of leave and rate of pay — Records.

  1. In the event that the salary of a deceased employee is not fixed on the basis of a day, then the daily rate of pay shall be determined by dividing the monthly salary by thirty (30) or the annual salary by three hundred sixty (360), as the case may be.
    1. The number of days of accumulated leave of any deceased employee shall be determined on the basis of the written rules, resolutions, or policies promulgated by the agency or department head or by the board or commission.
    2. Each agency, department head, board, or commission shall keep complete records of the vacations taken and accrued vacation time as provided by its rules, resolutions, or policies.

History. Acts 1967, No. 97, §§ 2, 3; A.S.A. 1947, §§ 12-2344, 12-2345; Acts 2019, No. 315, § 2319.

Amendments. The 2019 amendment deleted “regulations” following “rules” in (b)(1) and (2).

21-4-404. Payment for unused annual leave and holidays.

When a person dies while actively employed by any agency of the State of Arkansas, the deceased's estate or the person entitled to receive payment shall receive payment from the state agency for all unused annual leave and holidays which had accrued to the deceased at the time of death, except that the total shall not exceed sixty (60) days.

History. Acts 1991, No. 692, § 1.

Publisher's Notes. Acts 1991, No. 692, § 2, provided:

“The provisions of this Act shall apply to not only Department of Correction employees who die after March 22, 1991, but also to those persons who died prior to March 22, 1991 but subsequent to January 1, 1990 and who were actively employed by the Arkansas Department of Correction on the date of death.”

21-4-405. Payment of accrued leave to estate of wildlife officer.

  1. The Arkansas State Game and Fish Commission may pay all accrued and unused annual, holiday, and sick leave to the estate of a wildlife officer who dies in the line of duty.
  2. A payment under subsection (a) of this section is subject to budgetary constraints and shall be disbursed after receipt of the official death certificate.

History. Acts 2015, No. 552, § 1.

A.C.R.C. Notes. Acts 2016, No. 83, § 13, provided: “PAYMENT OF ACCRUED LEAVE.

The Arkansas Game and Fish Commission is hereby authorized to pay all accrued and unused annual, holiday, and sick leave to the estate of any wildlife officer who dies in the line of duty. Such payments are subject to budgetary constraints and shall be disbursed after receipt of the official death certificate.

“The provisions of this section shall be in effect from July 1, 2016 through June 30, 2017.”

21-4-406. Payment of accrued leave to estate of Arkansas Highway Police Division officer.

  1. The State Highway Commission may pay all accrued and unused annual, holiday, and sick leave to the estate of an officer of the Arkansas Highway Police Division of the Arkansas Department of Transportation who dies in the line of duty.
  2. A payment under subsection (a) of this section is subject to budgetary constraints and shall be disbursed after receipt of the official death certificate.

History. Acts 2015, No. 552, § 1; 2017, No. 707, § 69.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Subchapter 5 — Financial Incentives to Decrease Use of Sick Leave

Effective Dates. Acts 1999, No. 1127, § 8: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of this act should become effective at the beginning of the next fiscal year; that unless this emergency clause is adopted, this act will not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2007, No. 447, § 2: Mar. 22, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some retiring classified and nonclassified employees of two-year colleges have not received the benefits intended by the prior law; that this act clarifies the eligibility of all classified and nonclassified employees for these benefits; and that this act is immediately necessary to preserve that eligibility for those employees of two-year colleges making retirement decisions before the end of the current semester. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 220, § 3: Feb. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some retiring classified and nonclassified employees of two-year colleges have not received the benefits intended by prior law; that this act clarifies the eligibility of nonclassified employees for these benefits; and that this act is immediately necessary to preserve that eligibility for those nonclassified employees of two-year colleges making retirement decisions before the end of the current semester. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 337 § 2: Mar. 18, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some nonclassified employees who have retired from state-supported institutions of higher education have not received the benefits intended under current law due to unclear language; that clarification of the eligibility of nonclassified employees to receive unused sick leave benefits is needed; and that this act is immediately necessary for nonclassified employees of state-supported institutions of higher education to make retirement decisions for the end of the current academic semester. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

21-4-501. Compensation for unused sick leave at retirement.

  1. Upon retirement or death, any employee or beneficiary of any employee of any agency of the State of Arkansas shall receive compensation for accumulated unused sick leave as follows:
    1. If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary;
    2. If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary;
    3. If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and
    4. If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary.
  2. For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred sixty (260).
  3. The Office of Personnel Management shall promulgate rules necessary to implement this subchapter.
  4. In no event shall an employee or beneficiary of an employee receive an amount that exceeds seven thousand five hundred dollars ($7,500) upon retirement or death due to the provisions of this section.

History. Acts 1999, No. 1127, § 1; 2001, No. 991, § 1; 2019, No. 315, § 2320.

Amendments. The 2001 amendment, in the introductory language of (a), inserted “or death” and “or beneficiary of any employee”; substituted “multiplied by” for “times” in (a)(1), (2), (3), and (4); and, in (d), inserted “or beneficiary of any employee” and “or death.”

The 2019 amendment substituted “rules” for “regulations” in (c).

21-4-502. [Repealed.]

Publisher's Notes. This section, concerning lump sum payment for unused sick leave in 2000, was repealed by Acts 2005, No. 1962, § 97. The section was derived from Acts 1999, No. 1127, § 2.

21-4-503. Applicability of subchapter.

  1. The provisions of §§ 21-4-501 and 21-4-504 apply to:
    1. Employees of the Arkansas State Game and Fish Commission;
    2. Employees of the Arkansas Department of Transportation;
    3. Classified employees of state-supported institutions of higher education; and
    4. Employees of all agencies of this state whether in the executive, legislative, or judicial branch of government.
  2. The provisions of this section or any amendments to this section shall not change any employee benefits or agreements established under § 6-57-103, § 6-58-105, or § 6-59-105.
  3. Compensation for accumulated unused sick leave under the provisions of this subchapter shall not be used by the Arkansas Teacher Retirement System in the calculation of final average salary pursuant to § 24-7-202.

History. Acts 1999, No. 1127, § 3; 2005, No. 1288, § 1; 2009, No. 220, § 1; 2017, No. 707, § 70.

Amendments. The 2005 amendment inserted the subdivision (a) designation; in present (a), inserted “classified employees of state-supported institutions of higher learning” and deleted “except that this subchapter does not apply to state supported institutions of higher learning” from the end; and added (b) and (c).

The 2009 amendment, in (a), redesignated the text, substituted “§ 21-4-501 and § 21-4-504” for “this subchapter” in the introductory language, substituted “education” for “learning” in (a)(3), and made related and stylistic changes.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2).

21-4-504. Participation by other state agencies.

All state agencies are encouraged to participate in the Department of Finance and Administration's state leave accounting system.

History. Acts 1999, No. 1127, § 4.

21-4-505. Compensation for unused sick leave of nonclassified employees of state-supported institutions of higher education — Calculation for unused sick leave.

  1. At its discretion, a state-supported institution of higher education may compensate a nonclassified employee of the state-supported institution of higher education for accumulated unused sick leave by providing to the nonclassified employee the same compensation for accumulated unused sick leave provided to a classified employee of the state-supported institution of higher education under § 21-4-501.
  2. Compensation for accumulated unused sick leave under this section shall not be used by the:
    1. Arkansas Teacher Retirement System in the calculation of final average salary under § 24-7-202; or
    2. Arkansas Public Employees' Retirement System in the calculation of final average compensation under § 24-4-101.
  3. Unused sick leave for nonclassified employees of state-supported institutions of higher education shall accrue at the same rate as unused sick leave accrues for classified employees for calculations made under this section.

History. Acts 2009, No. 220, § 2; 2011, No. 337, § 1.

Publisher's Notes. Former § 21-4-505, concerning employees of two-year colleges, was repealed by Acts 2007, No. 827, § 173. The former section was derived from Acts 2005, No. 971, § 1.

Amendments. The 2011 amendment rewrote the section heading; in (a), substituted “a state-supported institution” for “a two-year institution” and substituted “the state-supported institution of higher education” for “the institution” twice; and added (c).

Chapter 5 Compensation and Benefits

Research References

Am. Jur. 63C Am. Jur. 2d, Pub. Off., § 271 et seq.

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 1991, No. 652, §§ 1-7, provided:

“SECTION 1. Notwithstanding provisions of the Uniform Leave and Attendance Act (A.C.A. § 21-4-201, et seq.) any employee of a state agency or institution of higher education called to active duty as a member of the National Guard or any of the Reserve components of the armed forces for the purpose of participation in Operation Desert Shield/Desert Storm shall be eligible for continued proportionate salary payments which, when combined with the employees' active duty pay, shall equal the amount they would have otherwise received were it not for their required active duty under Operation Desert Shield/Desert Storm, until such time as they are released from active duty.

“SECTION 2. It is the intent of the General Assembly that the compensation received by any employee of the State of Arkansas called to active duty after August 2, 1990, for participation in Operation Desert Shield/Desert Storm shall not be less than the employee would have received had such employee not been called to active duty.

“SECTION 3. The Department of Finance and Administration shall establish appropriate procedures for the administration of this program.

“SECTION 4. All provisions of this Act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.

“SECTION 5. Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

“SECTION 6. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

“SECTION 7. Emergency clause. It is hereby found and determined by the Seventy-Eighth General Assembly that there is a need to provide compensation to state employees who were called to active duty during Operation Desert Shield/Desert Storm; and this Act should be given effect immediately in order to grant the various agencies and state supported institutions of higher education the power to institute this program as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2010, No. 159, § 5, provided: “SALARIES. In order that exceptionally well-qualified personnel may be recruited and retained, the Office of the Governor may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the operation appropriation act after receiving approval from the Arkansas Legislative Council or Joint Budget Committee.”

Acts 2013, No. 24, § 5, provided: “SALARIES. In order that exceptionally well-qualified personnel may be recruited and retained, the Office of the Governor may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the operation appropriation act after receiving approval from the Arkansas Legislative Council or Joint Budget Committee.”

Acts 2014, No. 74, § 5, provided: “SALARIES. In order that exceptionally well-qualified personnel may be recruited and retained, the Office of the Governor may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the operation appropriation act after receiving approval from the Arkansas Legislative council or Joint Budget Committee.”

Acts 2016, No. 77, § 5, provided: “SALARIES. In order that exceptionally well-qualified personnel may be recruited and retained, the Office of the Governor may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the operation appropriation act after receiving approval from the Arkansas Legislative Council or Joint Budget Committee.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1989, No. 882, § 7: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that the awarding of annual career service recognition payments to career State employees is necessary to promote morale and retention of vital career employees in State service. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 566, § 5: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the awarding of annual career service recognition payments to career State employees is necessary to promote morale and retention of vital career employees in State service. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1995, No. 490, § 5: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas meeting in Regular Session, that the awarding of annual career service recognition payments to career State employees is necessary to promote morale and retention of vital career employees in State service. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 2001, No. 1295, § 2: became law without Governor's signature Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that because of Act 51 of 1967, court reporters and case coordinators have been paid on a monthly basis, when the vast majority of all other state employees are paid on a semi-monthly or bi-weekly basis. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 386, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly that provisions of this act change the Uniform Attendance and Leave Policy Act and should become effective July 1, 2007, for consistent application and to avoid confusion and that unless this emergency clause is adopted, this act will not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2007, No. 799, § 4: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the consideration of retirement benefits in the Arkansas Public Employees' Retirement System and that the ideal and most efficient time to make revisions to the consideration of retirement benefits is at the beginning of the state's fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2009, No. 688, § 15: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is immediately necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2017, No. 365, § 29: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

21-5-101. Regular Salary Procedures and Restrictions Act.

  1. This section and § 19-4-1601 shall be known as and may be cited as the “Regular Salary Procedures and Restrictions Act”.
  2. Arkansas Constitution, Article 16, § 4, provides: “Except as provided in Arkansas Constitution, Article 19, § 31, the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law.” Therefore, the following provisions shall be applicable to all authorized regular salary positions in appropriation acts unless specific exception is made otherwise by law:
    1. For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., are to be applicable, it is declared to be the intent of the General Assembly that the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall govern with respect to:
      1. The entrance pay level;
      2. The procedures by which salary increases may be granted; and
      3. The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.;
    2. For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which a maximum pay level is set out in dollars, it is the intent of the General Assembly that the position is to be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum pay level authorized is for full-time employment;
      1. For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service.
      2. It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose.
      3. An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and
    3. An employee of the State of Arkansas shall not be paid any additional cash allowances, including without limitation uniform allowance, clothing allowance, motor vehicle depreciation or replacement allowance, fixed transportation allowance, and meals and lodging allowance, other than for reimbursement for costs actually incurred by the employee unless the allowances are specifically set out by law as to eligibility of employees to receive the allowances, and the maximum amount of the allowances is established by law for each employee or for each class of employees eligible to receive the allowances.

History. Acts 1973, No. 284, §§ 1, 2; A.S.A. 1947, §§ 12-1601.1, 12-1601.2; Acts 2009, No. 688, § 2; 2019, No. 390, § 3.

A.C.R.C. Notes. The quotation in this section of Arkansas Constitution, Article 16, § 4, predates the amendment of Article 16, § 4, by Arkansas Constitution, Amendment 94. As amended, Article 16, § 4, reads as follows: “Salaries and fees of state officers. Except as provided in Arkansas Constitution, Article 19, § 31, the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law.”

Amendments. The 2009 amendment, in (b), deleted “step” at the end of (b)(1)(A), substituted “salary” for “step” in (b)(1)(B), and inserted “and that the maximum annual salary authorized is for full-time employment” in (b)(2).

The 2019 amendment inserted “and § 19-4-1601” in (a); substituted “Except as provided in Arkansas Constitution, Article 19, § 31, the” for “The” in the introductory language of (b); deleted “of the State of Arkansas” following “Assembly” in the introductory language of (b)(1); substituted “pay level” for “salary” in (b)(1)(A); substituted “procedures by” for “frequency with” in (b)(1)(B); substituted “pay level” for “annual salary” in (b)(1)(C), twice in (b)(2), and in (b)(3)(C); in (b)(3)(B), substituted “pay level” for “annual salaries”, “any increases” for “step increases”, and “the qualifications are complied with” for “the employee possesses such qualifications”; substituted “and meals” for “or meals” in (b)(4); and made stylistic changes.

21-5-102. Automobile insurance expenses for employees of Department of Health.

  1. The Department of Health is authorized to pay from maintenance and operation appropriations of either state or federal funds, as reimbursement of actual costs to any regular and full-time employee of the Department of Health, the excess cost to the employee for insurance coverage needed because of employee use of a personal vehicle to transport, as a part of his or her regular duty, individuals, clients, or patients, who are not state employees and who participate in Department of Health programs at clinics, hospitals, doctors' offices, and other locations designated by the Department of Health.
  2. Proof of actual excess cost must be furnished by the employee at the time of request for reimbursement and amount of reimbursement will not exceed the maximum amount as stated in the early periodic screening and diagnosis and treatment contract with the Department of Human Services.
  3. All other costs to an employee for operating a personal vehicle on state business will be considered to be covered by the approved reimbursement rate per mile as prescribed in state travel rules promulgated by the Department of Finance and Administration.

History. Acts 1981, No. 223, § 1; A.S.A. 1947, § 12-1605.1; Acts 2019, No. 315, § 2321.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (c).

Cross References. Salary procedures and restrictions, § 19-4-1601.

21-5-103. Insufficient funds for payment of county salaries.

If, in any year, the funds available for the payment of salaries of elected county officers and employees of a county are inadequate to pay all such salaries and it becomes necessary to reduce salaries, the salary of each elected constitutional officer and each employee in the county shall be reduced in the same percentage.

History. Acts 1975, No. 568, § 1; A.S.A. 1947, § 12-1627.

21-5-104. Deduction of jury duty fees from salary prohibited.

  1. No state, county, or municipal employer in this state shall deduct from the usual compensation of any employee, all or any part of the fees or compensation received by the employee for appearing for grand or petit jury duty or serving on any grand or petit jury in any court in this state.
    1. Any state, county, or municipal employer who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction therefor shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250).
    2. A violation shall constitute grounds for dismissal of the employer from his or her office or position of public employment.

History. Acts 1969, No. 86, §§ 1, 2; A.S.A. 1947, §§ 12-1615, 12-1616.

21-5-105. [Transferred.]

A.C.R.C. Notes. This section has been renumbered as § 21-1-103 by Acts 1991, No. 786, § 34.

21-5-106. Annual career service recognition payments for state employees.

      1. Employees of state agencies shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either elected positions or classified or nonclassified positions with a state agency.
      2. To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions.
      3. Employees who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis.
    1. Periods of authorized leave without pay and leave of absence for military service when veterans' reemployment rights are exercised shall not negate eligibility for the payment, provided all other eligibility requirements are met.
  1. The Office of Personnel Management shall establish and publish policies and procedures for the administration of career service recognition payments to state employees upon a determination by the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services that sufficient funds are available for such purpose.
  2. An employee who meets eligibility requirements established by subsection (a) of this section shall become eligible for annual career service recognition payments on the anniversary date of the completion of such service according to the following schedule:
  3. Career service recognition payments authorized by this section shall be:
    1. Subject to withholding of all applicable state and federal taxes; and
    2. Included by retirement systems in determining benefits.

STATE SERVICE ANNUAL PAYMENT 10 through 14 years of state service $ 800 15 through 19 years of state service 1,000 20 through 24 years of state service 1,200 25 or more years of state service 1,500

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History. Acts 1989, No. 882, §§ 1-4; 1991, No. 566, § 1; 1995, No. 490, § 1; 1999, No. 882, § 2; 2007, No. 386, § 1; 2007, No. 799, § 1; 2009, No. 688, § 3; 2017, No. 365, § 7; 2019, No. 914, § 1; 2019, No. 981, § 1.

Amendments. The 1999 amendment inserted “either elected positions or” twice in (a); and made stylistic changes.

The 2009 amendment, in (a)(1), substituted “To receive the full amount authorized in subsection (c) of this section” for “However” in (a)(1)(B), and inserted (a)(1)(C).

The 2017 amendment, in (a)(1)(A), deleted “and nonfaculty employees of institutions of higher education” following “agencies” and substituted “a state agency” for “an agency or institution of the State of Arkansas”.

The 2019 amendment by No. 914 , in (c), substituted “$800” for “$600”, “1,000” for “700”, “1,200” for “800”, and “1,500” for “900”.

The 2019 amendment by No. 981 inserted “and the Secretary of the Department of Transformation and Shared Services” in (b).

21-5-107. Compensation of person holding more than one elective office.

    1. A person holding more than one (1) elective office shall be entitled to receive compensation from only one (1) of the offices held.
    2. The person shall select the office from which he or she may receive compensation by filing a statement with the Secretary of State and the disbursing officer of each governmental entity in which he or she holds an elective office.
  1. For the purpose of this section:
    1. “Compensation” means all salaries, retirement allowances, group insurance, medical benefits, and anything else of value that a governmental entity provides in return for the services of its officers; and
    2. “Elective office” means any office created by or under authority of the laws of the State of Arkansas, or of a subdivision thereof, that is filled by the voters, except a federal office.

History. Acts 1997, No. 767, § 1.

Case Notes

Elections Held on Same Day.

Candidate could not run for both city treasurer and justice of the peace, even though the candidate would only receive compensation for one office, because the elections for each office were held on the same day, so the candidate was statutorily barred from holding both offices, regardless of compensation. Roberson v. Phillips County Election Comm'n, 2014 Ark. 480, 449 S.W.3d 694 (2014).

21-5-108. Salary distributions.

The annual salaries of court reporters and case coordinators shall be paid in twenty-four (24) equal semimonthly installments.

History. Acts 2001, No. 1295, § 1.

A.C.R.C. Notes. As enacted by Acts 2001, No. 1295, § 1, this section began:

“Effective July 1, 2001,”.

Pursuant to Acts 2015, No. 268, the salaries of court reporters and trial court administrators (formerly known as case coordinators) are determined by the Administrative Office of the Courts. See § 16-13-501 et seq., and § 16-13-3301 et seq., respectively.

21-5-109. New employees — Electronic direct deposit — Definition.

      1. As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005, shall be required to accept payment of salary or wages by electronic warrants transfer.
      2. The electronic warrants transfer shall be made in the form of a direct deposit of funds to the account of the beneficiary of the payment in any financial institution equipped for electronic fund transfers, provided that the financial institution is designated in writing by the beneficiary and has lawful authority to accept such deposits.
        1. Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement.
        2. The Chief Fiscal Officer of the State may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis.
      1. The Chief Fiscal Officer of the State shall establish the standards and procedures for granting an exemption from the direct deposit requirement set forth in subdivision (a)(1) of this section.
    1. The direct deposit requirement set forth in subdivision (a)(1) of this section shall not apply to a person who is in the employment of the state prior to August 12, 2005, and subsequently receives a promotion appointment, transfer, or other change in position within the same personnel system on or after August 12, 2005.
    1. As used in subdivision (a)(1) of this section, “agency” means all state agencies, boards, commissions, bureaus, councils, or programs except:
      1. The elected constitutional officers of the State of Arkansas and their employees;
      2. The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;
      3. Members and employees of the Supreme Court, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, not including deputy prosecuting attorneys;
      4. The Arkansas State Game and Fish Commission;
      5. The Arkansas Department of Transportation; and
      6. All administrative, academic, classified, and nonclassified employees of the state-supported institutions of higher education.
    2. Any agency, board, commission, bureau, council, or program exempted under this subsection from the direct deposit requirement set forth in subdivision (a)(1) of this section may elect to enter the electronic warrants transfer system on a voluntary basis.
  1. The Chief Fiscal Officer of the State may establish any special account necessary to facilitate direct deposit of employee salaries or wages.

History. Acts 2005, No. 1887, § 1; 2007, No. 827, § 174; 2017, No. 707, § 71.

A.C.R.C. Notes. As enacted by Acts 2005, No. 1887, § 1, subdivision (a)(1)(A) of this section read “As a condition of employment, a person hired or appointed to a position in any agency in state government on or after the effective date of this act shall be required to accept payment of salary or wages by electronic warrants transfer.”

As enacted by Acts 2005, No. 1887, § 1, subdivision (a)(3) of this section read “The direct deposit requirement set forth in subdivision (a)(1) of this section shall not apply to a person who is in the employment of the state prior to the effective date of this act and subsequently receives a promotion appointment, transfer, or other change in position within the same personnel system on or after the effective date of this act.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1)(E).

21-5-110. State Insurance Department — Arkansas Firefighter Cancer Relief Network Trust Fund — Proceeds.

    1. The State Insurance Department shall maintain the Arkansas Firefighter Cancer Relief Network Trust Fund.
      1. The purpose of the trust fund is to fund relief for firefighters who are diagnosed with cancer and participating in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc., from funds donated under this section.
      2. The department shall deposit any donated funds received under subdivision (a)(2)(A) of this section into the fund.
  1. The Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc., shall determine eligibility and award amounts under the rules promulgated by the department.
  2. The entities named in subsection (b) of this section shall return to the department any excess funding which has been donated to the fund for the purpose of funding a firefighter cancer relief network.
  3. The department shall promulgate rules necessary to implement this section.

History. Acts 2019, No. 823, § 2.

A.C.R.C. Notes. Acts 2019, No. 823, § 3, provided: “Rules.

“(a) The State Insurance Department shall promulgate rules necessary to implement this act.

“(b)(1) When adopting the initial rules to implement this act, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

“(A) On or before January 1, 2020; or

“(B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.

“(2) The department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020”.

Subchapter 2 — Uniform Classification and Compensation Act

Cross References. Higher education expenditure restrictions, § 6-63-301 et seq.

Procedures for administering unanticipated miscellaneous federal funds, § 19-7-501 et seq.

Effective Dates. Acts 1969, No. 199, § 11: July 1, 1969.

Acts 1969, No. 663, § 2: July 1, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 199 of 1969 establishes a Uniform Classification and Compensation Plan to be applicable to most State agencies; that said Act 199 will be applicable from and after July 1, 1969; that a number of agencies who require the services of personnel possessing medical degrees may find it difficult to employ new personnel at the beginning salary step under such Compensation Plan; and, that in order to enable such agencies to obtain competent personnel from and after the effective date of this Act, special provisions are necessary to enable the Personnel Division of the State Administration Department to make exceptions to the beginning salary schedule where necessary. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1969.”

Acts 1971, No. 749, § 5: Apr. 28, 1971. Emergency clause provided: “It is hereby found and determined by the Sixty-Eighth General Assembly meeting in Regular Session that it is essential for the State of Arkansas to adopt a more competitive salary structure in order to insure that the State receives its fair share of qualified persons to carry out the services of State Government in a manner that is efficient and economical. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1971, No. 750, § 6: Apr. 28, 1971. Emergency clause provided: “It is hereby found and determined by the Sixty-Eighth General Assembly meeting in Regular Session that it is essential for the State of Arkansas to adopt a more competitive salary structure in order to insure that the State receives its fair share of qualified persons to carry out the services of State Government in a manner that is efficient and economical. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1973, No. 286, § 5: Mar. 12, 1973, except § 1, effective July 1, 1973. Emergency clause provided: “It is hereby found and determined by the Sixty-Ninth General Assembly meeting in Regular Session that it is essential for the State of Arkansas to adopt a more competitive salary structure in order to insure that the State receives its fair share of qualified persons to carry out the services of State Government in a manner that is efficient and economical. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval, provided that the Compensation Plan provided in Section One (1) of this Act shall not become effective until July 1, 1973.”

Acts 1973, No. 873, § 11: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the Sixty-Ninth General Assembly meeting in Regular Session that it is essential for the State of Arkansas to adopt a more competitive salary structure and revise the classification plan and institute the necessary provisions to accomplish this. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1974 (1st Ex. Sess.), No. 39, § 7: July 11, 1974. Emergency clause provided: “It is hereby found and determined by the Sixty-Ninth General Assembly of the State of Arkansas meeting in Extraordinary Session, that the rapid increase in inflation has greatly reduced the effective purchasing power of the State employees salaries and that immediate passage of this Act is necessary to prevent irreparable harm to the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 932, § 6: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that it is essential for the State of Arkansas to adopt a more competitive salary structure and revise the Classification Plan, in order to attract and maintain competent employees; and that it is essential to provide for the implementation of such changes. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 289, § 2: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-first General Assembly that it is essential for the State of Arkansas to adopt a more competitive salary structure in order to attract and retain competent employees. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 3, § 3: Jan. 18, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that Arkansas state employees should be compensated at the minimum wage established under the Federal Fair Labor Standards Act, and that such minimum wage is to be increased on January 1, 1979, and that to delay the increases in compensation provided herein for 90 days after the adjournment of this General Assembly would place Arkansas in a non-competitive position with private industry and would unnecessarily delay salary increases to those state employees. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect on and after the date of its passage and approval.”

Acts 1979, No. 828, § 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that it is essential for the State of Arkansas to adopt a more competitive salary structure and revise the Classification Plan, in order to attract and maintain competent employees; and that it is essential to provide for the implementation of such changes. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 19, § 3: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing Uniform Classification and Compensation Plan is inadequate; that the revised plan contained in this Act should become effective at the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 650, § 7: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that it is essential for the State of Arkansas to adopt a more competitive salary structure and revise the Classification Plan, in order to attract and maintain competent employees; and that it is essential to provide for the implementation of such changes. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 695, § 5: Mar. 24, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law pertaining to compensatory time under the Uniform Attendance and Leave Policy Act is vague and that this Act is immediately necessary to eliminate confusion. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 68, § 3: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing Uniform Classification and Compensation Plan is inadequate; that the revised plan contained in this Act should become effective at the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1983, No. 931, § 7: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that it is essential for the State of Arkansas to adopt a Uniform Personnel Classification Plan for State Agencies and to provide that essential changes are implemented for the adequate functioning of those State Agencies. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of public peace, health and safety, shall be in full force and effect from and after July 1, 1983.”

Acts 1985, No. 101, § 3: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly that it is essential for the State of Arkansas to adopt a more competitive salary structure in order to recruit and retain competent employees. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1985, No. 981, § 10: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly that it is essential for the State of Arkansas to adopt a Uniform Personnel Classification Plan for State Agencies and to provide that essential changes are implemented for the adequate functioning of those State Agencies. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1989, No. 793, § 19: Mar. 21, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly of the State of Arkansas that the current Uniform Compensation Plan is inadequate to pay the employees of the various state agencies and institutions of higher education; that the current Uniform Personnel Classification plan describing the job titles and grade levels of state employees is no longer descriptive of the jobs being performed and the levels of pay needed to compensate them; and therefore that it is essential for the State of Arkansas to adopt a more competitive salary structure and to adopt more descriptive job titles and appropriate grade levels to provide for the essential functioning of state agencies and state supported institutions of higher education. Therefore, in order to keep the government services of the State of Arkansas functioning properly, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 202, § 13: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that expanded development and coordination of early childhood programs is essential to meeting the developmental and educational needs of young children in Arkansas. Therefore, an emergency is hereby declared and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect of July 1, 1989.”

Acts 1991, No. 1148, § 15: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that it is essential to adopt a revised Uniform Classification System for state agencies and institutions of higher education; that the revisions must begin at the beginning of the new biennium; and that these changes are essential for the continued functioning of the state agencies and institutions of higher education. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 708, § 6: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that it is essential to adopt a revised Uniform Classification System for state agencies and institutions of higher education; that the revisions must begin at the beginning of the new biennium; and that these changes are essential for the continued functioning of the state agencies and institutions of higher education. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 966, § 5: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas meeting in Regular Session, that it is essential to adopt a revised Uniform Classification System for state agencies and institutions of higher education; that the revisions must begin at the beginning of the biennium; and that these changes are essential for the continued functioning of the state agencies and institutions of higher education. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 992, § 5: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas meeting in Regular Session, that it is essential to adopt a revised Uniform Compensation Plan for state agencies and institutions of higher education; that the revisions must begin at the beginning of the new biennium; and that these changes are essential for the continued functioning of state agencies and institutions of higher education. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 179, § 38: Feb. 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Public Health, Welfare, and Labor and in its place established the House Interim Committee and Senate Interim Committee on Public Health, Welfare, and Labor; that various sections of the Arkansas Code refer to the Joint Interim Committee on Public Health, Welfare, and Labor and should be corrected to refer to the House and Senate Interim Committees on Public Health, Welfare, and Labor; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 530, § 6: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-first General Assembly, that the Constitution of the State of Arkansas reqruires the General Assembly to set the titles and pay of state employees and that changes to titles and salaries must coincide with the begining of the fiscal year. Therefor, this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 532, § 8: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-first General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that changes to the state compensation plan must take effect at the same time as approprations made to pay salaries for the various agencies; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agencies and insitutions for which the appropriations are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 899, § 11: March 27, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that a substantial number of state employees are eligible for salary increases on July 1, 1997; that this act prescribes the procedure to be followed in awarding salary increases to classified state employees; and that unless this emergency clause is adopted the procedures prescribed herein will not be in effect until after July 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 813, § 5: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that changes to the state compensation plan must take effect at the same time as appropriations made to pay salaries for the various agencies. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 1999, No. 1019, § 10: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that that the Constitution of the State of Arkansas requires the General Assembly to set the titles and pay of state employees and that changes to titles and salaries must coincide with the beginning of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 1461, § 14: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that several position changes have been incorporated into agencies' budgets to begin July 1, 2001 and that changes to the Uniform Classification and Compensation Act must also take effect at that time to prevent confusion and uncertainty. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2001, No. 1462, § 2: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes in employee classifications title and grades are incorporated into the various appropriation acts for the 2001-2003 biennial period and this law must take effect at the same time as the beginning of the fiscal year in which the new budgets begin. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2001, No. 1794, § 2: Apr. 19, 2001. Emergency clause provided: “It is found and determined by the General Assembly that it is necessary to protect employees of the Alexander Youth Center from loss of pay as a result of privatization of the Center; and that in order to provide adequate protection to the employees this act should become effective immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 923, § 2: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that several changes in title and grades in the state compensation system have been approved for use by state agencies; that these changes must go into effect at the beginning of the fiscal year when the new agency budgets go into effect; and that this act is immediately necessary because state agencies will not be able to function properly without this act taking effect on the first day of the new fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003 (1st Ex. Sess.), No. 22, § 8: July 1, 2003, except § 7, effective May 8, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that several changes in compensation levels enacted during the previous session of the General Assembly were applicable to the current biennium and that without this act becoming effective at the beginning of the fiscal year state employees could not be compensated at the approved level. Therefore, an emergency is declared to exist and Section 7 of this act being necessary for the preservation of the public peace, health and safety shall become effective after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto a bill. If the bill is vetoed by the Governor and veto is overridden, it shall become effective on the date the last house overrides the veto; and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2005, No. 1852, § 2: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that several changes in title and grades in the state compensation system have been approved for use by state agencies; that these changes must go into effect at the beginning of the fiscal year when the new agency budgets go into effect; and that this act is necessary on July 1, 2005, because state agencies will not be able to function properly without this act taking effect on the first day of the new fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2005, No. 2198, § 5: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that several changes in title and grades in the state compensation system have been approved for use by state agencies; that these changes must go into effect at the beginning of the fiscal year when the new agency budgets go into effect; and that this act is necessary on July 1, 2005, because state agencies will not be able to function properly without this act taking effect on the first day of the new fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2007, No. 375, § 3: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly that provisions of this act changes the Uniform Attendance and Leave Policy Act and should become effective July 1, 2007, for consistent application and to avoid confusion and that unless this emergency clause is adopted, this act will not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2007, No. 376, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that several changes in title and grades in the state compensation system have been approved for use by state agencies; that these changes must go into effect at the beginning of the fiscal year when the new agency budgets go into effect; and that this act is necessary on July 1, 2007, because state agencies will not be able to function properly without this act taking effect on the first day of the new fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2009, No. 688, § 15: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is immediately necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2011, No. 1017, § 11: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state salary classification schedules must be updated and revised; that the fiscal year for state employees begins each July 1; and that this act is essential and immediately necessary to implement the Uniform Classification and Compensation Act and to ensure the continued, uninterrupted operation of state government and services. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 1321, § 7: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state salary classification schedules must be updated and revised; that the fiscal year for state employees begins each July 1; and that this act is essential and immediately necessary to implement the Uniform Classification and Compensation Act and to ensure the continued, uninterrupted operation of state government and services. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2013.”

Acts 2014, No. 285, § 86: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2014 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2014 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2014.”

Acts 2015, No. 1007, § 7: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state salary classification schedules must be updated and revised; that the fiscal year for state employees begins each July 1; and that this act is essential and immediately necessary to implement the Uniform Classification and Compensation Act, § 21-5-201 et seq., and to ensure the continued and uninterrupted operation of state government and state government services. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2017, No. 365, § 29: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2017, No. 599, § 5: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees of institutions of higher education begins annually on July 1; and that the implementation of the Higher Education Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-5-201. Title.

This subchapter may be referred to and cited as the “Uniform Classification and Compensation Act”.

History. Acts 1969, No. 199, § 2; A.S.A. 1947, § 12-3201.

Case Notes

Cited: Briggs v. Anderson, 796 F.2d 1009 (8th Cir. 1986).

21-5-202. Legislative intent.

  1. It is the purpose and intent of this subchapter to establish uniform classifications for all affected state employees of agencies, boards, commissions, and institutions of higher education covered by the provisions of this subchapter and to establish a uniform compensation plan to be followed by the agencies, boards, commissions, and institutions of higher education, with respect to the authorized positions of their employees.
  2. It is the purpose of this subchapter to implement the administration and enforcement of the uniform position classification and compensation plan provided for affected agencies and institutions in accordance with sound business management practices.

History. Acts 1969, No. 199, § 1; A.S.A. 1947, § 12-3202; Acts 1989, No. 793, § 1.

21-5-203. Definitions.

As used in this subchapter:

  1. “Agency director” means the executive head of all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state;
  2. “Class” or “classification” means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training and experience or skill, and other characteristics that the same title, the same test of fitness, and the same scale of compensation have been or may be applied to each position in the group;
  3. “Class specification” means a written document which identifies a group of positions that have the same type of work and responsibility and states the general components by providing a class title, class code, distinguishing features and examples of work, knowledge, skills, and abilities, and the necessary minimum education and experience requirements to perform the assigned duties;
    1. “Crossgrade” means a temporary reclassification of a position during the fiscal year.
      1. The Office of Personnel Management may authorize a temporary change in the classification of a position from the classification authorized in a state agency appropriation act between legislative sessions to assure correct classification and for other purposes.
      2. The Office of Personnel Management shall establish the procedures for crossgrades with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;
  4. “Demotion” means the change in duty assignment of an employee from a position in one classification to a position in another classification of a lower salary grade within the same pay table;
  5. “Employee” means a person regularly appointed or employed in a position of state service by a state agency for which:
    1. He or she is compensated on a full-time basis or on a pro rata basis; and
    2. A class title and pay grade is established in the appropriation act for the state agency in accordance with the classification and compensation plan enacted in this subchapter;
  6. “Entry pay level” means the minimum entrance salary rate for a grade established on a pay table;
  7. “Grade” means an authorized pay range;
  8. “Job sharing” means a form of employment, approved by the Office of Personnel Management, in which the hours of work of two (2) or more persons are arranged in such a way as to cover a single, regular full-time position;
  9. “Maximum pay level” means the highest authorized level of pay for a pay grade for normal compensation administration purposes;
  10. “Midpoint” means the rate of pay midway between the entry pay level and the maximum pay level established for each grade;
  11. “Office of Personnel Management” means the Office of Personnel Management within the Department of Transformation and Shared Services acting under the authority granted in this subchapter and subject to the direction of the Secretary of the Department of Transformation and Shared Services;
  12. “Pay table” means the grades and pay ranges assigned to one (1) of the General Salaries, Information Technology, Medical Professional, and Senior Executive tables;
  13. “Position” means employment that is legislatively authorized in a state agency, occupied or vacant, requiring the services of one (1) full-time equivalent employee;
  14. “Promotion” means the change in duty assignment of an employee from a position in one classification to a position in another classification of a higher salary grade within the same pay table;
    1. “Reclassification” means a change in the assignment of a position from one classification title to another classification title of either a higher or lower salary grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred or when it is necessary to establish a new classification title to meet federal standards as a prerequisite for federal programs.
    2. The Office of Personnel Management shall establish procedures for reclassifying positions with review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;
  15. “State agencies” means all agencies, authorities, departments, boards, commissions, bureaus, councils, or other agencies of the state supported by appropriation of state or federal funds, except those agencies excluded in § 21-5-204;
  16. “State Personnel Administrator” means the State Personnel Administrator of the Office of Personnel Management; and
  17. “Transfer” means a change in duty assignment of an employee from one position to another position in the same classification or between pay tables.

History. Acts 1969, No. 199, § 3; 1971, No. 750, § 1; 1973, No. 873, § 2; 1979, No. 828, § 1; 1981, No. 198, § 1; 1981, No. 650, § 1; 1985, No. 981, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 2; 1991, No. 994, §§ 1-3; 1991, No. 1148, § 1; 1997, No. 179, § 33; 1999, No. 1019, § 1; 2001, No. 1461, §§ 1, 2; 2009, No. 688, § 4; 2011, No. 1017, § 1; 2017, No. 365, § 8; 2019, No. 981, § 2.

Amendments. The 1999 amendment substituted “Pay level” for “Step” in (11).

The 2001 amendment repealed former (13) and rearranged the subdivisions in alphabetical order; redesignated former (9)(A) as (9)(A)(i) and (9)(A)(ii); in (9)(A)(i) and (9)(A)(ii), added “or extra help” following “full-time” and substituted “positions” for “position”; inserted “whether permanent or temporary” in (9)(A)(ii); and made stylistic changes.

The 2009 amendment deleted “‘Agency head’ or” at the beginning of (1); inserted (2) through (4), (7), (10), (15), and (16), deleted former (10) and (18), and redesignated accordingly; inserted “or ‘classification’” in (5); deleted “requiring fewer qualifications such as lower skill requirements, less job-related experience, and a lower level of responsibility” at the end of (8); subdivided (9) and inserted “or on a pro rata basis” in (9)(A); in (11), inserted “an authorized” in (11)(A) and inserted (11)(B); rewrote (14); inserted “or ‘office’” in (18); rewrote (20); in (21), deleted “requiring higher qualifications, such as greater skill and longer experience, and involving a higher level of responsibility” at the end of (21), and deleted (21)(B); inserted (22)(E); and made related and minor stylistic changes.

The 2011 amendment inserted “or more” preceding “persons” in (14)(A)(i).

The 2017 amendment rewrote the section.

The 2019 amendment, in (12), substituted “Department of Transformation and Shared Services” for “Division of Management Services of the Department of Finance and Administration” and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration”.

21-5-204. Exceptions.

  1. Except as provided in subsection (b) of this section, this subchapter does not apply to:
    1. The employees of:
      1. Elected constitutional officers of this state;
      2. The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; and
      3. Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;
    2. The Arkansas Department of Transportation;
    3. Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government;
    4. The Arkansas State Game and Fish Commission; and
    5. State-supported institutions of higher education.
    1. An employee described in subsection (a) of this section may receive:
      1. A salary increase or a line item maximum increase under § 21-5-211; and
      2. A merit pay increase under § 21-5-1101.
    2. Section 21-5-214 does not apply to the salary increase authorized by subdivision (b)(1)(A) of this section.

History. Acts 1969, No. 199, § 3; 1979, No. 828, § 1; 1981, No. 198, § 1; 1981, No. 650, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 3; 2015, No. 1007, § 1; 2017, No. 365, § 9; 2017, No. 707, § 72.

Amendments. The 2015 amendment, in (a), substituted “Except as provided in subsection (c) of this section” for “The provisions of,” substituted “does not” for “shall not,” and deleted “the following agencies” following “apply to”; inserted “employees of” in (a)(1); inserted the (a)(1)(A) designation and deleted “and their employees” at the end; redesignated former (a)(2) and (3) as (a)(1)(B) and (C); deleted “and its employees” following “General Assembly” in (a)(1)(B); deleted “and employees” following “members” in (a)(1)(C); redesignated (a)(4) and (5) as (a)(2) and (3); and added (c).

The 2017 amendment by No. 365 substituted “subsection (b)” for “subsection (c)” in the introductory language of (a); added (a)(4) and (a)(5); deleted former (b); redesignated former (c)(1) and (2) as (b)(1) and (2); deleted “or subsection (b)” following “subsection (a)” in (b)(1); substituted “or a line item maximum increase” for “a line item maximum increase, or a cost-of-living adjustment” in (b)(1)(A); and, in (b)(2), deleted “line item maximum increase, or cost-of-living adjustment” following “increase” and substituted “(b)(1)(A)” for “(c)(1)(A)”.

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2).

21-5-205. Effect on appropriation acts.

  1. All appropriation acts of all state agencies subject to the provisions of this subchapter shall be governed by the provisions of this subchapter with respect to grades, class titles, salary increases, salary increase eligibility, and other provisions unless special language in the appropriation act of the state agency specifically allows the state agency to provide salary increases, grade assignments, class title assignments, salary increase eligibility, and other provisions different from those provided by this subchapter.
  2. Where the intent of the General Assembly, by amendment to appropriation bills, is to allow a higher grade for a classification than that listed in this subchapter, the grade assigned to the classification in the appropriation act for the classification, as designated with the higher grade level, shall be the grade level for the classification in the state agency during the biennium.
  3. When a higher salary grade level is authorized in this subchapter for classifications which are not reflected in the appropriation action of a state agency, this subchapter shall set the salary grade levels to be authorized in a state agency's appropriation act for the biennium unless special language in the appropriation act of a state agency allows the state agency to provide salary increases other than that provided in this subchapter.
  4. It is the intent of this section that the respective state agencies governed by the provisions of this subchapter be authorized to allow salary grade levels as provided in the appropriation acts of the state agencies, provided that the rules which apply to salary increases under the provisions of this subchapter shall not be waived unless special language in the appropriation act of the state agency authorizes the state agency to provide increases other than those authorized under the provisions of this subchapter.

History. Acts 1969, No. 199, § 7; 1973, No. 873, § 8; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, §§ 12-3207, 12-3209; Acts 1989, No. 793, § 4; 2017, No. 365, § 10.

Amendments. The 2017 amendment substituted “state agencies” for “agencies and institutions of higher education” and “state agency” for “agency or institution”, and made similar changes throughout the section; and substituted “governed by the provisions of this subchapter” for “governed by it” in (a).

21-5-206. Legislative Council — Duties.

In order to assist the General Assembly in more efficiently performing its constitutional duty, that being “… the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law”, the Legislative Council shall:

  1. Review the establishment and implementation of new classification titles proposed between legislative sessions due to program changes;
  2. Review the staffing levels of all agencies covered by this subchapter and submit to the General Assembly, when in regular session, fiscal session, or special session, recommendations for revisions, modifications, or additions thereto;
  3. Conduct, when necessary, salary surveys of the private and public sector of jobs comparable to those contained in § 21-5-208 for purposes of establishing equitable and competitive rates of compensation for employees occupying positions affected by this subchapter;
  4. Periodically review and recommend any changes found necessary in the job evaluation system used to set salary grade levels for all classifications affected by this section and forward the recommendations to the Office of Personnel Management; and
  5. Prepare and submit recommendations for revisions in this subchapter to the General Assembly when in session.

History. Acts 1985, No. 981, § 8; A.S.A. 1947, § 12-3212; Acts 1989, No. 793, § 5; 2009, No. 962, § 40; 2017, No. 365, § 11.

A.C.R.C. Notes. The language quoted in the introductory paragraph of this section is from Arkansas Constitution, Article 16, § 4.

Amendments. The 2009 amendment inserted “session, fiscal session” following “regular” in (2).

The 2017 amendment deleted “any” preceding “new” in (1); substituted “covered by” for “and institutions covered by the provisions of” in (2); and deleted “the provisions of” preceding “this section” in (4).

Cross References. Legislative Council, § 10-3-301 et seq.

21-5-207. Office of Personnel Management — Duties.

  1. It shall be the duty of the Office of Personnel Management to perform the following administrative responsibilities, subject to this subchapter:
    1. To determine that each position of a state agency affected by this subchapter is allocated to a class having a written class specification based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties;
    2. To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter;
    3. To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by it;
      1. To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification.
      2. The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency;
      1. To review all class specifications and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.
      2. When necessary, the Office of Personnel Management shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.
      3. Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
      4. The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;
    4. To develop and implement uniform personnel policies and procedures;
      1. To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the class specification but who have other job-related qualifications which might be validly substituted for the class requirements.
      2. This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the class specification without the necessity for the revision of the class requirements.
      3. The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;
      1. To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade.
      2. Unqualified appointments shall be reported by the Office of Personnel Management to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken:
        1. Questionable appointments were forwarded by the Office of Personnel Management to the State Personnel Administrator for further review;
        2. Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or
        3. Corrective action has been documented by the state agency.
      3. It is the specific responsibility of the director of each state agency covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the class specification;
      1. To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a class specification has not been written.
      2. Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;
    5. To revise, as necessary, the class specification of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs;
    6. To administer and maintain a system for the evaluation of employee performance effectiveness;
    7. To provide assistance to state agencies in identifying, developing, and maintaining training and resource programs;
    8. To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government;
    9. To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council; and
    10. To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies.
  2. In order to ensure and provide for the accuracy and efficiency of this subchapter and to provide for an efficient and equitable system of personnel management, the Office of Personnel Management, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is directed to:
    1. Study on a continuing basis and modify and revise when necessary the current classifications, the class specifications, minimum requirements, and other requirements;
    2. Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists;
    3. Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and
    4. Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter.

History. Acts 1969, No. 199, § 6; 1973, No. 873, §§ 1, 5, 6; 1975, No. 932, § 3; 1979, No. 828, § 3; 1981, No. 650, § 3; 1981, No. 695, § 3; 1983, No. 931, § 3; 1985, No. 981, § 3; A.S.A. 1947, §§ 12-3206, 12-3206.1; Acts 1989, No. 793, § 6; 1991, No. 1148, § 2; 2005, No. 1962, § 98; 2009, No. 688, § 5; 2017, No. 365, § 12; 2019, No. 981, § 3.

Amendments. The 2005 amendment deleted former (a)(13); and redesignated the remaining subdivisions accordingly.

The 2009 amendment, in (a), deleted “of the Management Division of the Department of Finance and Administration” following “Management” in the introductory language, inserted “temporary” in (a)(4)(A), deleted “of higher education” following “institution” in (a)(4)(A) and (a)(5)(A), deleted (a)(4)(C) and (a)(7), inserted “Personnel Committee of the” in present (a)(7)(C), rewrote (a)(8), substituted “each year” for “during the biennium” in (a)(9)(A), deleted “within the biennium” following “established” and substituted “fiscal year” for “biennium” in (a)(9)(B), deleted “with the review of the Legislative Council” following “as necessary” and inserted to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs” in (a)(10), and substituted “Personnel Committee” for “Legislative Council” in (a)(13) and the introductory language of (b); substituted “minimum requirements, and other requirements” for “and minimum requirements” in (b)(1), and deleted “regulations” following “rules” in (b)(4); and made related and minor stylistic changes.

The 2017 amendment deleted “or institution of higher education” following “state agency” in (a)(1) and made similar changes in (a)(2)-(5); substituted “state agency” for “agency or institution” in (a)(4)(B) and made similar changes throughout the section; substituted “Office of Personnel Management” for “office” and “State Personnel Administrator” for “Personnel Director” throughout the section; substituted “Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “Personnel Subcommittee of the Legislative Council” throughout the section and “Legislative Council” for “Personnel Subcommittee of the Legislative Council” in (a)(5)(D) and (9)(A); substituted “pay level” for “salary rate” in (a)(4)(B); substituted “uniform personnel policies and procedures” for “rules to accomplish the purposes of this subchapter” in (a)(6); rewrote (a)(8)(A); and added (a)(14) and (a)(15).

The 2019 amendment deleted “with respect to the state classification and compensation plan” following “responsibilities” in the introductory language of (a).

Case Notes

Cited: Briggs v. Anderson, 796 F.2d 1009 (8th Cir. 1986).

21-5-208. Classification of positions.

  1. There are established for state agencies covered by this subchapter the following classification titles and grades.
  2. The following classification titles with grades indicated are approved for the state classification plan, subject to the appropriation acts for the various state agencies and various institutions affected by this subchapter:
    1. The classification titles and grades established in this section supersede the classification titles established in a state agency appropriation act using grades other than those established by this section.
    2. This subsection is effective from July 1, 2019, through June 30, 2021.

Class Code Title Grade U001U DFA DIRECTOR SE05 U024U DHE DIRECTOR SE05 U033U COMMISSIONER OF EDUCATION SE05 U133U DHS EXECUTIVE DIRECTOR SE05 G056N OAL GAMING DIRECTOR SE04 U002U DFA DEPUTY DIRECTOR AND CHIEF OF STAFF SE04 U010U ATRS DIRECTOR SE04 U014U APERS DIRECTOR SE04 U035U ADC DIRECTOR SE04 U049U DIRECTOR BANK DEPARTMENT SE04 U053U ADJUTANT GENERAL SE04 U055U AEDC DIRECTOR SE04 U060U DIS DIRECTOR SE04 U064U DIRECTOR STATE POLICE SE04 U128U OAL DIRECTOR SE04 U131U ARK ADJUTANT GENERAL SE04 L002N DEPUTY STATE HEALTH OFFICER SE03 L023N DHS DEPUTY DIRECTOR SE03 N003N DFA DEP DIR AND COMMISSIONER OF REVENUE SE03 N007N ADH DEPUTY DIRECTOR ADMIN SE03 N012N DFA DEPUTY DIRECTOR AND CONTROLLER SE03 N164N MILITARY DEPUTY ADJUTANT GENERAL SE03 N221N ARKANSAS STATE HOSPITAL COO SE03 U005U PSC CHAIRMAN SE03 U015U ADEQ DIRECTOR SE03 U016U ADPT DIR PARKS RECREATION & TRAVEL SE03 U019U ADFA EXECUTIVE DIRECTOR SE03 U027U DEPUTY COMMISSIONER OF EDUCATION SE03 U034U DDSSA DIRECTOR SE03 U037U DWS DIRECTOR SE03 U047U STATE INSURANCE COMMISSIONER SE03 U061U ACE DIRECTOR SE03 U073U DIS DEPUTY DIRECTOR SE03 U100U WCC CHAIRMAN SE03 U119U DEPUTY DIRECTOR — PUBLIC HEALTH PROGRAMS SE03 U124U MEDICAID INSPECTOR GENERAL SE03 U132U ARK DEPUTY ADJUTANT GENERAL SE03 A018N DHS CHIEF FINANCIAL OFFICER SE02 A136C DHS MEDICAID CHIEF FINANCE OFFICER SE02 B017N ADH CHIEF SCIENTIST SE02 D003N STATE CHIEF SECURITY OFFICER SE02 D004N DFA IGS/STATE TECHNOLOGY ADMINISTRATOR SE02 G002N DFA REVENUE CHIEF COUNSEL SE02 N004N DFA REV ASST COMMISSIONER POLICY & LEGAL SE02 N011N DFA CHIEF INFORMATION OFFICER SE02 N013N DIS CHIEF OPERATING OFFICER SE02 N028N DFA TAX AUDIT ADMINISTRATOR SE02 N029N DFA TAX ADMINISTRATOR SE02 N030N DFA STATE REVENUE OFFICE ADMINISTRATOR SE02 N031N DFA STATE PROCUREMENT ADMINISTRATOR SE02 N032N DFA STATE PERSONNEL ADMINISTRATOR SE02 N033N DFA ADMINISTRATIVE SVCS ADMINISTRATOR SE02 N034N DFA OCSE ADMINISTRATOR SE02 N035N DFA MOTOR VEHICLE ADMINISTRATOR SE02 N036N DFA EBD ADMINISTRATOR SE02 N037N DFA DRIVER LICENSE ADMINISTRATOR SE02 N038N DFA BUDGET ADMINISTRATOR SE02 N040N DHS CHIEF INFORMATION OFFICER SE02 N042N DFA TAX RESEARCH ADMINISTRATOR SE02 N057N ASP DEPUTY DIRECTOR/LT. COLONEL SE02 N181N DIRECTOR OF MEDICAL SERVICES SE02 N218N ADEQ SENIOR DEPUTY DIRECTOR SE02 N219N DFA ADMINISTRATOR INTERNAL AUDIT SE02 N220N DHS CHIEF ATTORNEY SE02 U007U WCC COMMISSIONER SE02 U008U ADVA DIRECTOR SE02 U018U DAH DIRECTOR SE02 U022U LABOR DIRECTOR SE02 U032U AETN DIRECTOR SE02 U040U SECURITIES COMMISSIONER SE02 U042U INSURANCE CHIEF DEPUTY COMMISSIONER SE02 U052U ABA DIRECTOR SE02 U062U ADC CHIEF DEPUTY DIRECTOR SE02 U072U SECRETARY OF AGRICULTURE SE02 U082U PUBLIC DEF COMM EXEC DIRECTOR SE02 U084U DCC DIRECTOR SE02 U086U BANK ASSISTANT COMMISSIONER SE02 U089U DHE DEPUTY DIRECTOR SE02 U091U PROSECUTOR COORDINATOR SE02 U094U CRIME LAB EXECUTIVE DIRECTOR SE02 A024N OAL INTERNAL AUDITOR SE01 D011N ADE DIRECTOR OF INFORMATION SYSTEMS SE01 D012N DFA DEPUTY ADMINISTRATOR SE01 E004N ADE DEPUTY COMMISSIONER SE01 G004N DHS CHIEF ATTORNEY SE01 G029N DHS DIRECTOR OF POLICY AND LEGAL SE01 G293C DIS CHIEF GENERAL COUNSEL SE01 M092C DHS DIRECTOR EARLY CHILDHOOD EDUCATION SE01 M093C DHS DIRECTOR OF LEGISLATIVE AFFAIRS SE01 M094C DHS DIR PROVIDER SERVICES & QUALITY CTRL SE01 N005N ADE ASST COMMISSIONER LEARNING SERVICES SE01 N006N ADE ASST COMMISSIONER PUB SCH ACCOUNT SE01 N008N ASST COMMISSIONER RESEARCH & TECHNOLOGY SE01 N009N ASST COMMISSIONER FISCAL & ADMIN SVCS SE01 N010N ASST COMMR EDUC EFFECTIVENESS SE01 N015N ADE DIR PUBLIC SCHOOL FACILITIES & TRANS SE01 N018N DHS DEP DIR COUNTY OPERATIONS SE01 N019N DHS DEP DIR BEHAV HLTH SERVICES SE01 N020N DHS DDS COMMISSIONER SE01 N021N DHS DEPUTY DIRECTOR — DCFS SE01 N024N DIRECTOR STUDENT LOAN AUTHORITY SE01 N025N INSURANCE DEPUTY COMMISSIONER INFO SVCS SE01 N026N DHS DEPUTY DIRECTOR OF DYS SE01 N027N DHS DEPUTY DIRECTOR ADULT SERVICES SE01 N210N DHS DIR OF EARLY CHILDHOOD EDUCATION SE01 N211N DHS DIRECTOR OF LEGISLATIVE AFFAIRS SE01 N212N DHS DIR OF PROVIDER SVCS & QLTY CONTROL SE01 N213N ADPT CHIEF FISCAL OFFICER SE01 N214N AEDC EXEC VICE PRESIDENT OF GLOBAL BUS SE01 N215N AEDC EXEC VICE PRESIDENT OF OPERATIONS SE01 N216N ASP LIEUTENANT COLONEL SE01 N217N DFA ADMINISTRATOR SE01 N222N DHS STATE DIRECTOR OF DRUG PREVENTION SE01 U003U STATE FORESTER SE01 U004U PSC COMMISSIONER SE01 U012U REHABILITATION SERVICES COMMISSIONER SE01 U013U ADEM DIRECTOR SE01 U020U DAH ASSISTANT DIRECTOR SE01 U025U HEALTH PERMIT SERVICES DIRECTOR SE01 U029U DEAF SCHOOL SUPERINTENDENT SE01 U030U BLIND SCHOOL SUPERINTENDENT SE01 U031U STATE LIBRARY DIRECTOR SE01 U036U AR APPEALS TRIBUNAL CHAIRMAN SE01 U038U PAROLE BOARD CHAIRMAN SE01 U039U STATE GEOLOGIST SE01 U043U ANRC EXECUTIVE DIRECTOR SE01 U044U PLANT BOARD DIRECTOR SE01 U045U OIL & GAS DIRECTOR SE01 U046U WCC CHIEF EXEC OFFICER SE01 U048U ARLPC DIRECTOR SE01 U050U PSC DIRECTOR SE01 U057U DEPUTY DIRECTOR OF AGRICULTURE SE01 U059U AEDC DEPUTY DIRECTOR SE01 U063U AEDC EXEC VP MARKETING & RESEARCH SE01 U065U ACE DEPUTY DIRECTOR SE01 U067U ADPT TOURISM DIVISION DIRECTOR SE01 U068U ADPT PARKS DIVISION DIRECTOR SE01 U069U ACIC DIRECTOR SE01 U070U DWS DEPUTY DIRECTOR SE01 U076U DWS WORKFORCE INVESTMENT DIRECTOR SE01 U077U ACE DEPUTY DIRECTOR CAREER & TECH ED SE01 U078U APERS DEPUTY DIRECTOR SE01 U079U ATRS DEPUTY DIRECTOR SE01 U083U DCC CHIEF DEPUTY DIRECTOR SE01 U085U ACD DIRECTOR SE01 U087U AETN ASSOCIATE DIRECTOR SE01 U092U ETHICS COMMISSION DIRECTOR SE01 U095U MEDICAL BOARD SECRETARY/TREASURER SE01 U096U ASBN EXECUTIVE DIRECTOR SE01 U101U EXECUTIVE DIRECTOR SE01 U105U AEDC DEP DIR FINANCE & ADMINISTRATION SE01 U121U HEALTH INFORMATION TECH DIRECTOR SE01 U125U INSPECTOR GENERAL CHIEF COUNSEL SE01 U134U EXEC DIR AR STATE MEDICAL BD SE01 L001N CRIME LAB DIR MEDICAL EXAMINATION DIV MP10 U026U ADH DIRECTOR MP10 L003N CHIEF PHYSICIAN SPECIALIST MP09 L004N CRIME LAB ASSOC MEDICAL EXAMINER MP09 L005N PSYCHIATRIC SPECIALIST MP08 L025N SENIOR PHYSICIAN SPECIALIST MP08 N001N DIRECTOR OF PHARMACY BOARD MP08 L008N PHYSICIAN SPECIALIST MP07 L015N ASST PHARMACY DIRECTOR MP07 L024N DDSSA MEDICAL SPECIALIST MP07 L007N REHAB MED DIR ALCOHOL REHAB CTR-BENTON MP06 L009N DHS BEHAV HLTH GENERAL PHYSICIAN MP06 L011N DENTIST MP06 L012N DDSSA MEDICAL CONSULTANT MP06 L013N GENERAL PHYSICIAN MP06 L014N DIRECTOR OF PHARMACY MP06 L107C ASBP PHARMACIST INSPECTOR MP06 B004N STATE VETERINARIAN MP05 B143C ADH PUBLIC HEALTH VETERINARIAN MP05 L016N REGISTERED PHARMACIST MP05 L017N DHS ALEXANDER CHIEF PSYCHOLOGIST MP05 L027N DDSSA PSYCHOLOGY SPECIALIST MP05 B005N VETERINARIAN MP04 B009N DFA DOG RACING VETERINARIAN MP04 B019N RACING COMMISSION VETERINARIAN MP04 L001C PSYCHOLOGIST SUPERVISOR MP04 L002C NURSING DIRECTOR MP04 L018N NURSE PRACTITIONER MP04 L104C AGRI LABORATORY COORDINATOR MP04 L105C AHC NURSING DIRECTOR MP04 L106C VETERINARY SPECIALIST MP04 L108C PHYSICIAN ASSISTANT MP04 L003C PSYCHOLOGIST MP03 L006C ASSOCIATE DIRECTOR OF NURSING MP03 L009C NURSE MANAGER MP03 L021N PHYSICAL THERAPIST MP03 L097C ADC PSYCHOLOGIST MP03 L015C CLINICAL SPEECH PATHOLOGIST MP02 L017C ADH AREA NURSING DIRECTOR MP02 L019C REGISTERED NURSE COORDINATOR MP02 L020C NURSING SERVICES UNIT MANAGER MP02 L022C NURSING CLINIC COORDINATOR MP02 L022N OCCUPATIONAL THERAPIST MP02 L026C ADH NURSING PROGRAM COORD MP02 L027C REGISTERED NURSE SUPERVISOR MP02 L036C NURSE INSTRUCTOR MP02 L032C REGISTERED NURSE — HOSPITAL MP01 L038C REGISTERED NURSE MP01 L042C SCHOOL SPEECH PATHOLOGIST MP01 L045C AUDIOLOGIST MP01 N206N CHIEF DATA OFFICER IT12 D002N STATE DATABASE ADMINISTRATOR LEAD IT11 D005N DFA IT TECHNICAL SPECIALIST IT11 D013N ATRS ASSOC DIR OF INFORMATION TECHNOLOGY IT11 D103C ASP CHIEF INFORMATION OFFICER IT11 D127C DIS CHIEF OF TECHNOLOGY IT11 D128C DIS DIVISION ADMINISTRATOR IT11 D131C DIS ENTERPRISE CLOUD STRATEGIST IT11 D132C DIS ENTERPRISE CLOUD ARCHITECT IT11 D133C DIS ENTERPRISE CLOUD ENGINEER IT11 D134C DIS ENTERPRISE ARCHITECT IT11 D135C DATA SCIENTIST IT11 N017N ADH CHIEF INFORMATION OFFICER IT11 D002C DFA OIS ASSISTANT ADMINISTRATOR IT10 D006N STATE SYSTEMS ARCHITECT IT10 D007N STATE GEOGRAPHIC INFO OFFICER IT10 D009C DIS OPERATIONS CENTER MANAGER IT10 D010C DATA WAREHOUSE LEAD IT10 D015N APERS DIRECTOR OF INFORMATION TECHNOLOGY IT10 D028N REGULATORY HEALTH LINK TECH OFFICER IT10 D126C DIS DATABASE ADMINISTRATOR LEAD IT10 D129C ADEQ DIRECTOR OF INFORMATION TECHNOLOGY IT10 D136C DIS IT PROJECT MANAGER DIRECTOR IT10 D137C DIS NETWORK ARCHITECT IT10 D138C DIS DATA CENTER MANAGER IT10 D001C STATE DATABASE ADMINISTRATOR IT09 D003C STATE SYSTEMS ADMINISTRATOR LEAD IT09 D005C STATE IT SECURITY ANALYST IT09 D011C DFA ERP SYSTEM MANAGER IT09 D022N IT SENIOR PROJECT MANAGER IT09 D025N DHS IT SENIOR ENGINEER IT09 D105C ADE STATE NETWORK ENGINEER IT09 D124C IT OPERATIONS CENTER MANAGER IT09 D125C SR. STATE SERVER ADMINISTRATOR IT09 D130C DIS DISASTER RECOVERY MANAGER IT09 D139C DATA ENGINEER IT09 E007N ADE DIRECTOR OF COMPUTER SCIENCE IT09 N178N ARS CHIEF INFORMATION OFFICER IT09 D004C STATE NETWORK SUPPORT LEAD IT08 D006C SOFTWARE ENGINEER LEAD IT08 D007C INFORMATION SYSTEMS MANAGER IT08 D008C GIS LEAD IT08 D010N INSURANCE CHIEF TECHNOLOGY OFFICER IT08 D012C DATABASE SPECIALIST IT08 D013C BANK IT ADMINISTRATOR IT08 D014C STATE SYSTEMS ADMINISTRATOR IT08 D021C DFA ERP GROUP LEAD IT08 D023N HIT TECHNICAL DIRECTOR IT08 D029N OAL DEPUTY IT GAMING DIRECTOR IT08 D043C ADEM INFO TECHNOLOGY DIVISIONDIRECTOR IT08 D094C DCC PROJ & ENTERPRISE PROGRAM MGMT ADMIN IT08 D104C ADE STATE SYSTEMS ADMINISTRATOR IT08 D123C DB ADMINISTRATOR IT08 V039C DIS IT SOURCING PROJECT MANAGER IT08 D015C STATE NETWORK ENGINEER IT07 D017C INFORMATION SYSTEMS SECURITY SPECIALIST IT07 D024N HIT INTERFACE DEVELOPER IT07 D028C SENIOR SOFTWARE SUPPORT SPECIALIST IT07 D029C SENIOR GIS ANALYST IT07 D030C INFORMATION SYSTEMS COORDINATOR IT07 D034C DATABASE ADMINISTRATOR IT07 D035C COMPUTER SUPPORT MANAGER IT07 D110C OAL QA SYSTEMS ANALYST IT07 D112C OAL NETWORK ENGINEER IT07 D113C OAL SR. DATABASE ADMINISTRATOR IT07 D122C IT PROJECT MANAGER IT07 D016C SENIOR TECHNOLOGY ANALYST IT06 D022C SYSTEMS SPECIALIST IT06 D023C STATE SYSTEMS SPECIALIST IT06 D024C STATE NETWORK SPECIALIST IT06 D025C STATE IT SECURITY SPECIALIST IT06 D026C STATE HELP DESK LEAD IT06 D027C SOFTWARE ENGINEER IT06 D033C DFA ERP ANALYST IT06 D038C SENIOR SOFTWARE SUPPORT ANALYST IT06 D039C NETWORK SUPPORT SPECIALIST IT06 D040C GIS ANALYST IT06 D042C DATA WAREHOUSE SPECIALIST IT06 D049C DIS PROJECT MANAGER IT06 D067C INFORMATION SYSTEMS SECURITY ANALYST IT06 D111C OAL IT SECURITY ANALYST IT06 D121C BUSINESS INTELLIGENCE SPECIALIST IT06 D020C INST INFORMATION TECHNOLOGY COORD IT05 D037C ADE APSCN APPLICATIONS MANAGER IT05 D044C SYSTEMS ANALYST IT05 D045C STATE SYSTEMS ANALYST IT05 D047C INFORMATION SYSTEMS BUSINESS ANALYST IT05 D050C SECURITY ANALYST IT05 D051C SYSTEMS APPLICATIONS SUPERVISOR IT05 D052C SOFTWARE SUPPORT ANALYST IT05 D054C COMPUTER SUPPORT COORDINATOR IT05 D056C SYSTEMS COORDINATION ANALYST IT05 D057C INFORMATION TECHNOLOGY MANAGER IT05 D060C ASST DIR COMPUTER SVCS IT05 D061C INFORMATION SYSTEMS COORDINATION SPEC IT05 D063C COMPUTER SUPPORT SPECIALIST IT05 D032C DIS IT ASSET MANAGER IT04 D036C AETN WEBSITE COORDINATOR IT04 D055C ADE APSCN FIELD ANALYST IT04 D058C COMPUTER OPERATIONS COORDINATOR IT04 D062C DATABASE ANALYST IT04 D064C WEBSITE DEVELOPER IT04 D065C NETWORK SUPPORT ANALYST IT04 D068C INFORMATION SYSTEMS ANALYST IT04 D082C NETWORK ANALYST IT04 D119C OAL LEAD COMPUTER OPERATOR IT04 D120C APPLICATION PROGRAM SUPPORT SPECIALIST IT04 D046C STATE PRODUCTION CONTROL SUPERVISOR IT03 D066C DIGITAL BROADCAST SPECIALIST IT03 D069C DIS SCHEDULER IT03 D071C COMPUTER SUPPORT ANALYST IT03 D075C SOFTWARE SUPPORT SPECIALIST IT03 D072C ACIC SYSTEMS SUPERVISOR IT02 D078C GIS TECHNICIAN IT02 D079C COMPUTER SUPPORT TECHNICIAN IT02 D083C DIGITAL BROADCAST TECHNICIAN IT02 D084C COMPUTER OPERATOR IT02 D108C OAL APPLICATION SUPP SPECIALIST IT02 D080C ACIC SYSTEMS SPECIALIST IT01 D089C INFORMATION TECHNOLOGY ASSISTANT IT01 D107C OAL COMPUTER OPERATOR IT01 C093C EXTRA HELP ASSISTANT GSMW A002C DFA ASSISTANT ACCOUNTING ADMINISTRATOR GS15 A005N ASST DEPUTY BANK COMMISSIONER GS15 A016N OAL CHIEF FISCAL OFFICER GS15 A019N DHS DEP CHIEF FIN OFFICER — MED SERVICES GS15 A020N DHS DEP CHIEF FIN OFFICER — HUMAN SERVICES GS15 A131C DHS CHIEF PROCUREMENT OFFICER GS15 A132C DIS BUSINESS SERVICES ADMINISTRATOR GS15 B001N ADH SENIOR SCIENTIST GS15 D008N DFA PBAS TECHNICAL SUPPORT MANAGER GS15 E072C DIRECTOR OF COMPUTER SCIENCE AND STEM GS15 G001C DFA ASSISTANT ADMIN SVCS ADMINISTRATOR GS15 G001N ADE LITIGATION ATTORNEY GS15 G003N PSC CHIEF ADMIN LAW JUDGE GS15 G005N WCC CHIEF ADMIN LAW JUDGE GS15 G050N OAL CHIEF LEGAL COUNSEL GS15 G051N OAL SALES DIRECTOR GS15 G052N ANRC DEPUTY DIRECTOR GS15 G053N DHS DEP DIR LEGISLATIVE AFFAIRS GS15 G279C ABC ADMINISTRATION DIRECTOR GS15 G280C ABC ENFORCEMENT DIRECTOR GS15 G281C ADE POLICY & SPECIAL PROJECTS DIRECTOR GS15 G282C DHS CHIEF LEGISLATIVE AFFAIRS DIRECTOR GS15 G283C DHS CHIEF SECURITY & COMPLIANCE OFFICER GS15 G284C DHS EARLY CHILDHOOD EDUCATION DIRECTOR GS15 G285C DIS GENERAL COUNSEL GS15 G286C DMS DEPUTY DIRECTOR GS15 G287C RACING COMMISSION DIRECTOR GS15 N002N DHE SENIOR ASSOC DIRECTOR GS15 N014N INSURANCE DEP COMMISS FINANCIAL REGS GS15 N016N DHS DEP DIR ADMINISTRATIVE SVCS GS15 N039N ADC DEPUTY DIRECTOR GS15 N047N ADE APSCN DIRECTOR GS15 N061N AEDC BUSINESS FINANCE DIRECTOR GS15 N062N AEDC BUSINESS DEV DIV DIR GS15 N067N ADEQ DEPUTY DIRECTOR — LAND RESOURCES GS15 N070N WCC ASST CHIEF EXECUTIVE OFFICER GS15 N084N AEDC EXEC VP MARKETING & COMMUNICATIONS GS15 N113N ATC DIRECTOR GS15 N125N DHS DEP DIR SVCS FOR THE BLIND GS15 N175N DHS DDS ASST DIR FOR RESIDENTIAL SVCS GS15 N195N ADEQ DEPUTY DIRECTOR GS15 N197N NURSING HOME DIVISION DIRECTOR GS15 N201N DEPUTY COMM OF CRIMINAL INVESTIGATIONS GS15 N207N CHIEF PRIVACY OFFICER GS15 N209N DIRECTOR CLEST GS15 N225N AEDC DIRECTOR, STRATEGIC SUPPORT SVCS GS15 P006N DFA DIRECTOR OF COMMUNICATIONS GS15 R001C DFA ASSISTANT PERSONNEL ADMINISTRATOR GS15 R002C DFA ASSISTANT BUDGET ADMINISTRATOR GS15 R003C DFA ASSISTANT EBD ADMINISTRATOR GS15 R048C DHS CHIEF HUMAN RESOURCES OFFICER GS15 U097U AREC EXECUTIVE DIRECTOR GS15 V001C DFA ASSISTANT PROCUREMENT ADMINISTRATOR GS15 A001C DFA ASSISTANT TAX RESEARCH ADMINISTRATOR GS14 A003C DFA REVENUE ASSISTANT ADMINISTRATOR GS14 A003N SENIOR INVESTMENT ANALYST GS14 A006N ATRS INTERNAL AUDITOR GS14 A009N ADE CHIEF FISCAL OFFICER GS14 A018C BANK CHIEF EXAMINER GS14 A030C BANK CERTIFIED EXAMINATIONS MANAGER GS14 A107C BANK EXAMINER MANAGER GS14 A128C INSURANCE CLAIMS DIR — PUBLIC EMPLOYEES GS14 A129C PSC QUALITY SERVICES DIRECTOR GS14 A130C PSC RATES & DEMAND RESOURCES DIRECTOR GS14 B002N ABA STATE ENGINEER GS14 B003N ABA STATE ARCHITECT GS14 G003C ANRC DEPUTY DIRECTOR GS14 G006N PSC CHIEF COUNSEL GS14 G007N DWS GENERAL COUNSEL GS14 G008N CHIEF PUBLIC DEFENDER GS14 G009N ADH CHIEF LEGAL COUNSEL GS14 G010N WCC ADMINISTRATIVE LAW JUDGE GS14 G011N PSC ADMINISTRATIVE LAW JUDGE GS14 G018N DIRECTOR RISK MANAGEMENT GS14 G031N ASP GENERAL COUNSEL GS14 G032N PC&E HEARING OFFICER GS14 G033N AEDC AMS DIRECTOR GS14 G039N ADVA ASSISTANT DIRECTOR GS14 G042N APERS CHIEF LEGAL COUNSEL GS14 G047N OAL MARKETING & ADVERTISING DIR GS14 G057N OAL DIR SECURITY & COMPLIANCE GS14 G077C MLK EXECUTIVE DIRECTOR GS14 G257C BANK CHIEF COUNSEL GS14 G278C PSC RESEARCH & POLICY DIRECTOR GS14 G294C AEDC SENIOR COUNSEL GS14 L026N STATE VETERANS HOME ADMINISTRATOR GS14 N023N INSURANCE DEPUTY COMMISSIONER GS14 N043N PSC DIRECTOR OF FINANCIAL ANALYSIS GS14 N046N ADE ASST DIR ACADEMIC FACILITIES GS14 N048N ADC ASSISTANT DIRECTOR GS14 N055N DHE ASSOCIATE DIRECTOR GS14 N059N AEDC TRAINING DIVISION DIRECTOR GS14 N063N ADH EPIDEMIOLOGY OFFICER GS14 N064N ADH CENTER DIR — LOCAL PUBLIC HEALTH GS14 N065N ADH CENTER DIRECTOR — HEALTH PROTECTION GS14 N066N ADFA DEPUTY DIRECTOR GS14 N069N ADE SPECIAL ADVISOR GS14 N071N PSC TAX DIVISION DIRECTOR GS14 N080N DHS/DMS ASSISTANT DIRECTOR — FISCAL GS14 N081N DHS DDS SUPT HDC/CONWAY GS14 N083N AEDC STRATEGIC PLANNING DIRECTOR GS14 N085N AEDC DIR TECH & ENTREPRENEURSHIP GS14 N086N DHS DDS DIR EVAL PLAN & MGMT SYSTEMS GS14 N092N ATRS ASSOCIATE DIRECTOR OF OPERATIONS GS14 N093N ATRS ASSOCIATE DIRECTOR FISCAL AFFAIRS GS14 N094N AEDC EPSCOR DIRECTOR GS14 N097N ADH CHIEF FINANCIAL OFFICER GS14 N099N DHS/DMS ADD — LONG TERM CARE GS14 N100N DHS/DMS ADD — MEDICAL SERVICES GS14 N101N DHS/DCO ASST DEP DIR PGM & ADMN SPT GS14 N102N DHS/DCO ASSISTANT DIRECTOR GS14 N103N DHS MENTAL HEALTH CENTER DIRECTOR GS14 N114N DCC DEPUTY DIR RESIDENTIAL SVCS GS14 N121N DHS/DCFS DEPUTY DIRECTOR GS14 N122N DHS/DCC ASSISTANT DIR FINANCE & ADMIN GS14 N123N DHS/DBHS ASST DIR FOR FINANCE GS14 N124N DHS/DYS ASSISTANT DIVISION DIRECTOR GS14 N129N DCC DEPUTY DIR PAROLE/PROBATION SERVICES GS14 N130N DCC DEPUTY DIR ADMINISTRATIVE SERVICES GS14 N133N DIRECTOR MINORITY HEALTH COMMISSION GS14 N134N DHS/DCFS ASSISTANT DIRECTOR GS14 N135N DHS AHC NURSING HOME ADMINISTRATOR GS14 N137N SECURITIES DEPUTY COMMISSIONER GS14 N140N INS ASST DEP COMMISSIONER FINANCE GS14 N142N DHS/DAAS DEPUTY DIRECTOR GS14 N144N DHS DDS DIR CLIENT SERVICES GS14 N150N TECHNICAL INSTITUTE DIRECTOR GS14 N177N AFHC DIRECTOR GS14 N180N AEDC ARKANSAS ENERGY OFFICE DIRECTOR GS14 N186N AEDC SENIOR MANAGER GS14 N190N INSURANCE GENERAL COUNSEL GS14 N199N OMIG DEPUTY ADMINISTRATOR GS14 N223N ADPT PARKS DIV DEPUTY DIRECTOR GS14 N224N DIRECTORATE OF STATE RESOURCES DIRECTOR GS14 P077C DHS COMM & COMMUNITY ENGAGEMENT OFF GS14 T001C ASP MAJOR GS14 X001C PSC DIR OF ELECTRIC UTILITIES SECT GS14 X002N PROPERTY & CASUALTY MANAGER GS14 A004N CERTIFIED FINANCIAL EXAMINER MANAGER GS13 A006C DFA REVENUE TAX DIVISION MANAGER GS13 A007N ASLA FEDERAL PROGRAMS FINANCIAL OFFICER GS13 A010C AGENCY CONTROLLER II GS13 A010N AGRICULTURE CHIEF FISCAL OFFICER GS13 A011N ASP CHIEF FISCAL OFFICER GS13 A013N AETN DEP DIR FOR ADMIN & FINANCE GS13 A017N ADFA PUBLIC FINANCE OFFICER GS13 A023N MILITARY CHIEF FISCAL OFFICER GS13 A039C CERTIFIED BANK SENIOR EXAMINER GS13 A108C ADC ASST CHIEF FINANCIAL OFFICER (CFO) GS13 A126C ADVA CFO GS13 A127C DIS CHIEF FINANCIAL OFFICER GS13 A133C ADVA CHIEF FINANCIAL OFFICER GS13 B001C DEPUTY STATE FORESTER GS13 B004C ANRC WATER RESOURCES DIVISION MANAGER GS13 B005C ANRC WATER DEVELOPMENT DIVISION MANAGER GS13 B006C ANRC CONSERVATION DIVISION CHIEF GS13 B007C CRIME LAB SCIENTIFIC OPERATION MGR GS13 B007N AETN ENGINEERING DIVISION MANAGER GS13 B011N ADH DIR ENGINEERING GS13 B012C ADEQ ENGINEER P.E. BRANCH MANAGER GS13 B138C ADH ENGINEER CHIEF GS13 B139C AEDC DIRECTOR OF EPSCOR GS13 B140C AEDC MANUFACTURING SOLUTIONS DIRECTOR GS13 B141C ADEQ USED TIRE PROGRAM MANAGER GS13 D026N DHS ELIGIBILITY SYSTEM PROGRAM MANAGER GS13 E001N ADE COORDINATOR SPECIAL PROGRAMS GS13 E003N ADE COORD SCH. IMP / STANDARDS ASSURANCE GS13 E070C AETN SENIOR DIRECTOR OF CONTENT GS13 G004C MANAGING ATTORNEY GS13 G005C ADEQ WATER DIVISION MANAGER GS13 G012N PUBLIC DEFENDER III GS13 G014N ADC COMPLIANCE ATTORNEY GS13 G017N DWS ASST DIR — TANF GS13 G018C ADPT PARKS ADMIN MANAGER GS13 G019C GENERAL COUNSEL GS13 G019N PAROLE BOARD MEMBER GS13 G023C DEPUTY PROSECUTOR COORDINATOR GS13 G024N ADC GENERAL COUNSEL GS13 G034C ADEQ ASST AIR/WATER DIVISION MANAGER GS13 G037N APERS DIRECTOR OF OPERATIONS GS13 G041N ASPB GENERAL COUNSEL GS13 G043N RISK MANAGEMENT ASSISTANT DIRECTOR GS13 G046N OAL SALES TRNG & RETAIL COORD GS13 G054N DHS GENERAL COUNSEL GS13 G055N EXECUTIVE ADMINISTRATOR GS13 G056C DHS/DCC ASST DIR OPS & PROG SUPV GS13 G225C DFA OCSE FIELD OPERATIONS MANAGER GS13 G234C DDSSA PROGRAM DIRECTOR GS13 G275C ADPT ADMINISTRATION MANAGER GS13 G276C DHS CHIEF OF STAFF GS13 G277C DHS PROCESS IMPROVEMENT DIRECTOR GS13 G290C ASST DEPUTY DIR OF LEGISLATIVE AFFAIRS GS13 M002C DHS BEHAV HLTH ASSOC DIR, AHC GS13 M003C DHS BEHAV HLTH CHILDRENS SYSTEM CARE DIR GS13 N001C DEPUTY CHIEF FINANCIAL OFFICER GS13 N049N DWS ASST DIR, INFO AND TECHNOLOGY GS13 N050N DWS ASST DIR, FINANCIAL MANAGEMENT GS13 N051N DWS ASST DIR, EMPLOYMENT ASSIST GS13 N054N DHE CAREER PATHWAYS DIRECTOR GS13 N058N DEPUTY DIRECTOR OF ARLPC GS13 N073N INSURANCE CHF FIN/MKT CONDUCT EXMR GS13 N074N DWS ASST DIR, UNEMPLOYMENT INS GS13 N078N DIS PROJECT & ENTERPRISE PROG MGMT ADMIN GS13 N079N DIS DIVISION DIRECTOR GS13 N090N CONTRACTORS LICENSE ADMR/INVEST GS13 N096N APERS ASST DIRECTOR OF FINANCE GS13 N098N ACTI DIRECTOR OF PHYSICAL THERAPY GS13 N104N ADH DIRECTOR STATISTICS & VITAL RECORDS GS13 N106N PRIVATE CAREER EDUCATION BOARD DIRECTOR GS13 N107N DHS/OFA ASSISTANT DIR — ACCOUNTING OPS GS13 N108N DHS/DCO ASST DEP DIR GS13 N109N DHS/OFA ASSISTANT DIRECTOR GS13 N110N DHS ASST DIR CONTRACT MONITORING UNIT GS13 N111N DHS ASST DEP DIR FOR MGR ACCOUNTING GS13 N112N DHS ASST DEP DIR FIN SUPPORT SYSTEM GS13 N118N ADH DIR IN-HOME SERVICES GS13 N126N DHS DDS SUPT HDC GS13 N127N DHS/DBHS DIR ALCOHOL & DRUG ABUSE PREV GS13 N128N DHS ASST DIR QUALITY ASSURANCE GS13 N147N DHS/DAAS ASST DEP DIR GS13 N154N CLAIMS COMMISSION DIRECTOR GS13 N158N ASBN ASSISTANT DIRECTOR GS13 N163N ADPT TOURISM ADMIN DIRECTOR GS13 N171N DHS DEP DIR OFFICE OF VOL SVCS GS13 N172N ACE REHAB OPERATIONS DIRECTOR GS13 N174N HEALTH INFORMATION TECH POLICY DIRECTOR GS13 N196N MILITARY AFFAIRS DIRECTOR GS13 N204N ADEQ DIRECTOR OF SPECIAL PROJECTS GS13 N205N ADEQ DIRECTOR OF COMPLIANCE GS13 N208N MEDICAL MARIJUANA COMM. DIRECTOR GS13 P002N ADH DIRECTOR OF COMMUNICATIONS GS13 R001N ADH CHIEF HUMAN RESOURCES OFFICER GS13 R003N APERS DIRECTOR OF BENEFITS ADMIN GS13 R040C DFA STATEWIDE PROGRAM MANAGER GS13 T001N ADC SUPERINTENDENT GS13 T003C ASP CAPTAIN GS13 U017U ADPT HISTORY COMMISSION DIRECTOR GS13 U056U OIL & GAS DEPUTY DIRECTOR GS13 U080U ABA DEPUTY DIRECTOR GS13 U081U ARKANSAS SENTENCING COMMISSION DIRECTOR GS13 U093U CRIME LAB ASSISTANT DIRECTOR GS13 V002N DHS DEP CHIEF PROCUREMENT OFFICER GS13 X004C ADEQ AIR DIVISION MANAGER GS13 X008C SECURITIES CHIEF EXAMINER GS13 X197C RACING COMMISSION STEWARD GS13 A002N AEDC ASSISTANT DIRECTOR OF FINANCE GS12 A004C CERTIFIED FINANCIAL EXAMINER GS12 A013C PSC DIRECTOR OF REVENUE REQUIREMENTS GS12 A014C FISCAL DIVISION MANAGER GS12 A014N OAL CONTROLLER GS12 A015C DWS DIR INTERNAL AUDIT & SECURITY GS12 A015N OAL TREASURER GS12 A016C DHS DMS BUSINESS OPERATIONS MANAGER GS12 A021C AGENCY CONTROLLER I GS12 A025C DFA ACCOUNTING CAFR COORDINATOR GS12 A115C OMIG CHIEF FINANCIAL OFFICER GS12 A137C ADEQ FINANICAL MANAGER GS12 B002C AGRICULTURE DIRECTOR OF MARKETING GS12 B008N SENIOR PETROLEUM ENGINEER GS12 B012N AEDC ASSISTANT DIRECTOR OF ENGINEERING GS12 B013N ASST STATE GEOLOGIST GS12 B015C ENGINEER SUPERVISOR GS12 B015N AEDC ASSISTANT DIRECTOR OF RESEARCH GS12 B016N LAND SURVEY STATE SURVEYOR GS12 B018N AEDC FIELD ENGINEER GS12 B021N BIOSTATISTICIAN GS12 B142C ADEQ USED TIRE PROGRAM COORDINATOR GS12 D096C DIS EEF SR SYSTEM ADMINISTRATORS GS12 E009C TECHNICAL INSTITUTE ASSISTANT DIRECTOR GS12 G002C DFA ASSISTANT IGS ADMINISTRATOR GS12 G006C ADE SPECIAL EDUCATION DIVISION MANAGER GS12 G010C ACE DIVISION MANAGER GS12 G012C ADE ASSISTANT TO DIRECTOR GS12 G013N ASBN GENERAL COUNSEL GS12 G014C AEDC DIR OF COMMUNITY DEVELOPMENT GS12 G015C AEDC SMALL/MINORITY BUSINESS DIRECTOR GS12 G016N DWS ASST DIR GRANTS RESOURCE ADMIN GS12 G020C DWS PROGRAM ADMINISTRATOR GS12 G022N PUBLIC DEFENDER II GS12 G023N REVOCATION HEARING JUDGE GS12 G024C DEPARTMENT ADMINISTRATIVE LAW JUDGE GS12 G025C ATTORNEY SUPERVISOR GS12 G026C ADH ASSOC CENTER DIR—MGMT & OPS GS12 G026N AEDC ASSISTANT DIRECTOR MGMT SVS GS12 G027C ADFA PROGRAM OFFICER GS12 G028C ADEQ TECHNICAL SERVICES DIVISION MANAGER GS12 G028N JDDC DEPUTY EXEC DIRECTOR GS12 G029C ADEQ SOLID WASTE DIVISION MANAGER GS12 G030C ADEQ REGULATED STORAGE TANKS DIV MANAGER GS12 G030N AEDC ASST DIR OF STEM EDUCATION GS12 G031C ADEQ PUBLIC OUTREACH DIVISION MANAGER GS12 G032C ADEQ MINING DIVISION MANAGER GS12 G033C ADEQ HAZARDOUS WASTE DIVISION MANAGER GS12 G034N AEDC ASST DIRECTOR SALES AND MARKETING GS12 G035C ADEQ ADMINISTRATION DIVISION MANAGER GS12 G035N AEDC SALES AND MARKETING SPECIALIST GS12 G036N PLANT BOARD ASSISTANT DIRECTOR GS12 G037C ADPT PARKS PLANNING & DEV MGR GS12 G042C DHS ADMINISTRATIVE LAW JUDGE GS12 G049C ADH REGIONAL DIRECTOR GS12 G055C ADEM DEPUTY DIRECTOR GS12 G059C DDSSA ASST DIRECTOR GS12 G059N OAL SECURITY DEPUTY DIR GS12 G101C DHS AREA MANAGER GS12 G245C AEDC DIR OF COMMUNITY DEV & IMPROVEMENT GS12 G249C OMIG PROGRAM ADMINISTRATOR GS12 G273C AEDC SENIOR PROJECT CONSULTANT GS12 G274C DHS VOLUNTEER SERVICES DEPUTY DIRECTOR GS12 G291C TRAFFIC SAFETY RESOURCE PROSECUTOR GS12 G292C DDSSA PROFESSIONAL RELATIONS MANAGER GS12 L019N ADH CHIEF EPIDEMIOLOGIST GS12 N095N ARKANSAS BUREAU OF STANDARDS DIRECTOR GS12 N105N STADIUM COMMISSION EXECUTIVE DIRECTOR GS12 N115N CRIMINAL INSURANCE FRAUD DIRECTOR GS12 N116N BOARD OF ARCHITECTS EXECUTIVE DIRECTOR GS12 N117N BD OF ACCT EXECUTIVE DIRECTOR GS12 N119N ADC INDUSTRY ADMINISTRATOR GS12 N120N ADC FARM ADMINISTRATOR GS12 N131N SBEC DIRECTOR GS12 N132N ENG & LAND SURVEYORS EXEC DIRECTOR GS12 N136N ADC HEALTH SERVICE ADMINISTRATOR GS12 N138N REHAB DIRECTOR FIELD SVCS GS12 N139N MINORITY HLTH & HLTH DISPARITIES DIR GS12 N141N DHS/DCO AREA DIRECTOR GS12 N143N DHS DDS DIVISION MANAGER GS12 N145N DHS ASSISTANT DIRECTOR CMS GS12 N146N BOARD OF APPRAISER EXECUTIVE DIRECTOR GS12 N148N ADH GOVERNMENTAL AFFAIRS POLICY DIR GS12 N151N DHS/DCFS ADMR ADMIN SERVICES GS12 N152N DHS/DBHS ASSISTANT DIR ADMIN SVCS GS12 N156N BEHAV HLTH ASST DIR CHILDRENS SVS GS12 N157N ATRS ASSOCIATE DIRECTOR OF INVESTMENTS GS12 N159N APERS INVESTMENT OPERATIONS MANAGER GS12 N161N STATE LIBRARY DEPUTY DIRECTOR GS12 N162N STATE DRUG PREVENTION DIRECTOR GS12 N165N LP GAS BOARD DIRECTOR GS12 N167N DHS POLICY & RESEARCH DIRECTOR GS12 N168N DHS DIR HOME & COMMUNITY BASED SVCS GS12 N170N REHAB DIRECTOR — ACTI GS12 P001N ADE DIR OF COMMUNICATIONS GS12 P003N ADC PUBLIC INFORMATION OFFICER GS12 P004N DHS DIRECTOR OF PUBLIC RELATIONS GS12 P007N DWS DIRECTOR OF COMMUNICATIONS GS12 P078C ARS DIRECTOR OF COMMUNICATION GS12 R002N DHS DIRECTOR OF HUMAN CAPITAL GS12 R006C HUMAN RESOURCES ADMINISTRATOR GS12 S001C ADPT PARKS OPERATIONS MGR GS12 T005C ADC/DCC CORRECTIONAL WARDEN GS12 T007C ASP LIEUTENANT GS12 T109C SEX OFFENDER COMM NOTIFCTN ASESSMT ADMIN GS12 U006U EXECUTIVE DIRECTOR SPINAL CORD COMM GS12 U021U AERONAUTICS DIRECTOR GS12 U088U LABOR DEPUTY DIRECTOR GS12 U099U DIRECTOR OF RURAL SERVICES GS12 V003C DFA PROCUREMENT DIVISION MANAGER GS12 V038C DIS IT PROCUREMENT ADMINISTRATOR GS12 X001N BD OF COLLECTION EXEC DIR GS12 X003C ASP/CACD CHIEF ADMINISTRATOR GS12 X005C PROPERTY & CASUALTY MANAGER GS12 A007C AUDIT MANAGER GS11 A019C PSC TAX DIVISION ASSISTANT DIRECTOR GS11 A021N ADEQ CHIEF FISCAL OFFICER GS11 A024C DHS DIVISION CHIEF FISCAL OFFICER GS11 A027C ACCOUNTING OPERATIONS MANAGER GS11 A028C PSC SENIOR RATE CASE ANALYST GS11 A031C ASSISTANT CONTROLLER GS11 A033C TAX AUDITOR SUPERVISOR GS11 A110C SENIOR INVESTMENT MANAGER GS11 A112C DFA CAFR COORDINATOR GS11 A117C ACCREDITED FINANCIAL EXAMINER GS11 A119C CERTIFIED PUBLIC ACCOUNTANT GS11 B009C DIRECTOR WATERWAYS COMMISSION GS11 B010C AGRI DIVISION MANAGER GS11 B014C ASST STATE FORESTER GS11 B014N SENIOR PETROLEUM GEOLOGIST GS11 B016C AEDC ASSISTANT DIRECTOR EPSCOR GS11 B019C FORENSIC ADMINISTRATOR GS11 B020C ADPT REGIONAL PARK SUPV GS11 B023C ENGINEER, P.E. GS11 B028C CLEST DEPUTY DIRECTOR STANDARDS DIVISION GS11 C002C ASP HIGHWAY SAFETY OFFICE ADMINISTRATOR GS11 D106C HEALTH INFO TECHNICAL SR SYS SPECIALIST GS11 E001C AETN PROGRAMMING DIVISION DIRECTOR GS11 E002C AETN OUTREACH DIVISION DIRECTOR GS11 E003C AETN EDUCATION DIVISION DIRECTOR GS11 E004C SCHOOL PRINCIPAL GS11 E006C PUBLIC SCHOOL PROGRAM MANAGER GS11 E006N ADE COORD COMPUTER SCIENCE GS11 E067C DDSSA PROGRAM EDUCATION COORDINATOR GS11 E069C ADE DIRECTOR OF MEDICAID IN THE SCHOOLS GS11 G007C WCC DIVISION MANAGER GS11 G008C RISK MANAGEMENT ASSISTANT DIRECTOR GS11 G013C AEDC MANAGER OF STRATEGIC ENERGY DEV GS11 G021C DHS/DSB ASSISTANT DIRECTOR GS11 G022C DHS DIRECTOR OF EMERGENCY OPERATIONS GS11 G025N PUBLIC DEFENDER I GS11 G027N DHS RESEARCH ANALYSIS MANAGER GS11 G043C DHE FINANCIAL AID MANAGER GS11 G044C DFA REVENUE PROBLEM RESOLUTION OFFICER GS11 G044N OAL REGIONAL SALES MANAGER GS11 G047C ATTORNEY SPECIALIST GS11 G048C AEDC STRATEGIC PLANNING ASST DIR GS11 G052C ACIC DIVISION MANAGER GS11 G054C AREC DEPUTY EXECUTIVE DIRECTOR GS11 G058C DHE FEDERAL PROGRAM MANAGER GS11 G058N OAL KEY CHAIN ACCOUNT MANAGER GS11 G062C AEDC PROJECT CONSULTANT GS11 G066C PSC TELECOM AND QUALITY OF SERVICE MGR GS11 G067C PSC CUSTOMER SERVICE MANAGER GS11 G233C DDSSA SECTION MANAGER GS11 G247C ARKANSAS PAROLE BOARD PROGRAM ADMINISTRA GS11 G250C OMIG OPERATIONS MANAGER GS11 G255C DYS ACADEMIC ADMINISTRATOR GS11 G270C ATC DEPUTY DIRECTOR GS11 G271C DDSSA MEDICAL RELATIONS MANAGER GS11 G272C HSPA DEPUTY ADMINISTRATOR GS11 L011C DHS ALCOHOL/DRUG ABUSE PREV ASST DEP DIR GS11 L013C ADH BRANCH MANAGER GS11 L095C ADH HOSPITAL & REGULATORY MANAGER GS11 M001C DCC TREATMENT ADMINISTRATOR GS11 M005C DHS ASSISTANT SUPERINTENDENT — CONWAY GS11 N149N ADE COORD FISCAL DISTRESS GS11 N153N DHS/DBHS CLINICAL DIRECTOR GS11 N176N EXEC DIR COUNSELING BRD GS11 N203N ADEQ DIRECTOR OF ENTERPRISE SERVICES GS11 P001C AETN PRODUCTION DIVISION DIRECTOR GS11 P002C AEDC DIRECTOR FILM COMMISSION GS11 P003C DAH AGENCY DIRECTOR GS11 P005N DIS TESTING EVAL PLANTS POLICY COORD GS11 P076C AEDC DIGITAL MARKETING DIRECTOR GS11 R012C DFA ASSISTANT STATE PAYROLL MANAGER GS11 R013C AGENCY HUMAN RESOURCES MANAGER GS11 R041C DFA STATEWIDE PROGRAM COORDINATOR GS11 S002C AETN OPERATIONS DIVISION DIRECTOR GS11 T004C DCC PROGRAM ADMR PAROLE & PROBATION SVCS GS11 T009C ASP SPECIAL OPERATIONS ADMINISTRATOR GS11 T011C ASP SERGEANT GS11 T016C CLEST DEPUTY DIRECTOR ACADEMY OPERATIONS GS11 U127U EXEC DIR DEVLPMTL DISABILITIES COUNCIL GS11 X007C DHS/DYS ADMIN PROG COMPLIANCE GS11 X011C ASP/CACD INVESTIGATOR ADMINISTRATOR GS11 X015C SECURITIES EXAMINER SUPERVISOR GS11 X033C PSC SENIOR PUBLIC UTILITY AUDITOR GS11 A023C PHARMACY BOARD CHIEF FISCAL OFFICER GS10 A025N OAL FINANCIAL ANALYST GS10 A036C ADPT REV OPERATIONS MANAGER GS10 A040C ADFA FISCAL PROGRAM MANAGER GS10 A044C AUDIT COORDINATOR GS10 A058C DFA CAFR ACCOUNTANT GS10 A106C BANK SENIOR EXAMINER GS10 A118C FINANCIAL EXAMINER SPECIALIST GS10 A125C DFA REVENUE TAX SPECIALIST GS10 A138C ADEQ TIRE FUND COORDINATOR GS10 B018C SENIOR BROADCAST ENGINEER GS10 B022C DISTRICT FORESTER GS10 B027C PARK SUPERINTENDENT V GS10 B128C METROLOGY LABORATORY MANAGER GS10 C112C ADC POLICY & RESEARCH COORDINATOR GS10 D018C DIS INFORMATION SYSTEMS COORD GS10 D031C DISASTER RECOVERY ANALYST GS10 D115C HIT BUSINESS COORDINATOR GS10 E005C REHAB DIRECTOR OF VOCATIONAL TRAINING GS10 E007C ADE OERZ DIRECTOR GS10 E010C DHS/DYS EDUCATION MANAGER GS10 E012C STATE LIBRARY DIVISION MANAGER GS10 E013C EDUCATION PROGRAM MANAGER GS10 E014C AETN PROGRAM AND SERVICES DIV MANAGER GS10 E016C PUBLIC SCHOOL PROGRAM COORDINATOR GS10 E017C ASST PRINCIPAL GS10 E059C ADE COORDINATOR OF NUTRITION SERVICES GS10 E061C ACE PROGRAM COORDINATOR GS10 E063C AETN PROFESSIONAL RELATIONS DIRECTOR GS10 E071C AMMONIA & INDUSTRIAL TRAINER GS10 G036C ABA DIVISION MANAGER GS10 G040C REHAB DIRECTOR — SPECIAL PROGRAMS GS10 G041C ATRS MEMBER SERVICES ADMINISTRATOR GS10 G046C DCC PLANNING & MGMT SVCS ADMINISTRATOR GS10 G050C ADE APSCN DIVISION MANAGER GS10 G051C ADE ACADEMIC FACILITIES SR PROJECT ADMIN GS10 G060N OAL PRODUCT MANAGER GS10 G061C ACD DEPUTY DIRECTOR GS10 G063C ADEQ BRANCH MANAGER GS10 G065C PUBLIC DEFENDER ATTORNEY I GS10 G068C DWS AREA OPERATIONS CHIEF GS10 G069C DIS QUALITY ASSURANCE LEAD GS10 G071C DHE PROGRAM COORDINATOR GS10 G073C ATTORNEY GS10 G075C ADE PROGRAM ADMINISTRATOR GS10 G076C ADMINISTRATIVE SERVICES MANAGER GS10 G085C DDSSA PROFESSIONAL RELATIONS MGR GS10 G097C SBEC DEPUTY DIRECTOR GS10 G100C DHS COUNTY ADMINISTRATOR III GS10 G112C DDSSA UNIT SUPERVISOR GS10 G156C ASP PROGRAM MANAGER GS10 G223C DFA OCSE DIVISION MANAGER GS10 G226C DFA OCSE PROGRAM MANAGER GS10 G246C ATC BRANCH MANAGER GS10 G254C ADVA DIVISION MANAGER GS10 G258C DDSSA HEARING OFFICER GS10 G259C INSURANCE PROGRAM MANAGER GS10 G263C PUBLIC DEFENDER GS10 G268C PSC MOTOR CARRIER ASST. DIV. DIRECTOR GS10 L004C REHAB DIRECTOR — PROG, PLAN, DEV & EVAL GS10 L010C DHS DMS MEDICAL ASSISTANCE MANAGER GS10 L014C HIPAA PROGRAM CONSULTANT GS10 L016C ADH PUBLIC HEALTH ADMINISTRATOR GS10 L025C ADH PUBLIC HEALTH SECTION CHIEF III GS10 L030C ADH DISTRICT MANAGER GS10 L099C EPIDEMIOLOGY SUPERVISOR GS10 M006C ADH SOC SVC PROGRAM DIRECTOR GS10 N155N CAPITOL ZONING DISTRICT ADMINISTRATOR GS10 N169N MOTOR VEHICLE COMMISSION DIRECTOR GS10 P067C ASP PUBLIC INFORMATION OFFICER GS10 P074C AID PUBLIC INFORMATION OFFICER GS10 R010C DFA SENIOR STATE PERSONNEL ANALYST GS10 R011C DFA SENIOR STATE BUDGET ANALYST GS10 R049C DHS EMPLOYEE RELATIONS COORD GS10 T015C ADC/DCC DEPUTY WARDEN GS10 T024C ASP/CACD HOTLINE ADMINISTRATOR GS10 T025C ALETA TRAINING SUPV GS10 T110C AGRI LAW ENFORCEMENT CHIEF GS10 V036C AGENCY PROCUREMENT ADMINISTRATOR GS10 X009C INSURANCE DEPT DIR OF SECURITY OPS GS10 X013C ENVIRONMENTAL HEALTH MANAGER GS10 X021C BD OF ACCT INVESTIGATOR GS10 X025C DCC PAROLE/PROBATION AREA MANAGER GS10 X027C DENTAL EXAMINERS BD EXEC DIR GS10 X203C DDSSA QUALITY ASSURANCE SPECIALIST GS10 X207C DDSSA ADJUDICATOR V GS10 A029C DIS FISCAL MANAGER GS09 A032C ADE FINANCE PROGRAM COORDINATOR GS09 A034C RETIREMENT SECTION MANAGER GS09 A037C INVESTMENT MANAGER GS09 A038C FISCAL SUPPORT MANAGER GS09 A042C INSURANCE SENIOR EXAMINER GS09 A046C PSC RATE CASE ANALYST GS09 A050C AGENCY FISCAL MANAGER GS09 A051C ADFA FINANCE PROGRAM COORDINATOR GS09 A052C ACCOUNTING COORDINATOR GS09 A054C TAX AUDITOR II GS09 B021C LICENSED ARCHITECT GS09 B029C AGRI PLANT BOARD DIVISION MGR GS09 B030C FORENSIC SCIENTIST COORDINATOR GS09 B031C PARK SUPERINTENDENT IV GS09 B034C MICROBIOLOGIST SUPERVISOR GS09 B035C GEOLOGY SUPERVISOR GS09 B037C CHEMIST SUPERVISOR GS09 B038C STATE FOREST MANAGER GS09 B041C STATE CLIMATOLOGIST GS09 B042C ENGINEER GS09 B044C HEALTH PHYSICIST SUPERVISOR GS09 B045C BIOLOGIST SUPERVISOR GS09 B047C ADH LABORATORY MANAGER GS09 B135C HATCHERY MANAGER GS09 B136C AGRI LAB QUALITY MANAGER GS09 C001C STADIUM COMMISSION ASST MANAGER/ADMR GS09 C100C ADPT RESEARCH PROJECT COORDINATOR GS09 C108C ADEM DIVISION DIRECTOR GS09 C109C ASP CACD AREA MANAGER GS09 C110C ASP FLEET ADMINISTRATOR GS09 C111C EXECUTIVE DIRECTOR AUCTIONEER BOARD GS09 E011C VOCATIONAL EDUCATION COORDINATOR GS09 E015C SPECIAL EDUCATION SUPERVISOR GS09 E019C PUBLIC SCHOOL PROGRAM ADVISOR GS09 E021C STATE LIBRARY MANAGER GS09 E022C EDUCATION & INSTRUCTION MANAGER GS09 E024C TEACHER SUPERVISOR GS09 E025C EDUCATIONAL SPECIALIST GS09 E036C CERTIFIED MASTERS DEGREE LIBRARIAN GS09 E062C ACE PROGRAM ADVISOR GS09 G039C SENIOR TRANSPORTATION MANAGER GS09 G045C DFA DIVISION MANAGER III GS09 G070C DIRECTOR OF FIELD OPERATIONS GS09 G074C ADE COORD OF GOVERNMENTAL AFFAIRS GS09 G078C ADPT PRG SVS ADMIN GS09 G080C NATIONAL & COMMUNITY SERVICES EXEC DIR GS09 G087C ADEM PREPAREDNESS DIVISION DIRECTOR GS09 G088C ADEM DISASTER MGMT DIV DIR GS09 G089C ADEM ADMINISTRATION DIVISION DIRECTOR GS09 G090C ADE AREA PROJECT MANAGER GS09 G095C LODGE MANAGER GS09 G096C LABOR DIVISION MANAGER GS09 G098C DIS QUALITY ASSURANCE COORDINATOR GS09 G099C DHS PROGRAM ADMINISTRATOR GS09 G102C DHE PROGRAM SPECIALIST GS09 G104C AEDC AREA/PROGRAM REPRESENTATIVE GS09 G109C GRANTS MANAGER GS09 G110C DWS PROGRAM MANAGER GS09 G111C DHS COUNTY ADMINISTRATOR II GS09 G113C DDSSA HEARING OFFICER COORDINATOR GS09 G167C KEEP ARKANSAS BEAUTIFUL DIRECTOR GS09 G222C ADC/DCC INTERNAL AFFAIRS ADMINISTRATOR GS09 G224C DFA OCSE FIELD MANAGER GS09 G238C LOCAL HEALTH UNIT ADMINISTRATOR III GS09 G241C HEALTH INFO TECH OPER & TECH OFFICER GS09 G243C DWS FIELD MANAGER III GS09 G288C DWS DIVISION MANAGER GS09 G289C ADEM DIVISION DIRECTOR GS09 L007C ASBN PROGRAM COORDINATOR GS09 L012C ASD SPECIALTY PROGRAM DIRECTOR GS09 L021C NURSING HOME ASSISTANT ADMINISTRATOR GS09 L023C HEALTH FACILITIES SUPERVISOR GS09 L024C DHS BEHAV HLTH FACILITY ADMIN GS09 L028C EPIDEMIOLOGIST GS09 L029C ADH PUBLIC HEALTH SECTION CHIEF II GS09 L033C PSYCHOLOGICAL EXAMINER GS09 L037C REHAB AREA MANAGER GS09 L040C DIETARY SERVICES DIRECTOR GS09 M008C YOUTH PROGRAM DIRECTOR GS09 M009C LICENSED CERTIFIED SOCIAL WORKER GS09 M011C FAMILY SERVICE WORKER COUNTY SUPERVISOR GS09 M013C SPINAL CORD COMMISSION CLIENT SVS ADMIN GS09 M014C PROGRAM ELIGIBILITY COORDINATOR III GS09 P004C PUBLIC INFORMATION MANAGER GS09 P006C DAH AGENCY ASSISTANT DIRECTOR GS09 P007C AETN CHIEF POST PRODUCTION EDITOR GS09 R009C ADE BUDGET MANAGER GS09 R015C DWS EQUAL OPPORTUNITY MANAGER GS09 R019C BUDGET MANAGER GS09 R043C DFA STATEWIDE PROGRAM SPECIALIST GS09 S005C AVIATION MANAGER GS09 T006C ADC HEAD FARM MANAGER II GS09 T018C HE PUBLIC SAFETY COMMANDER III GS09 T022C ASP CORPORAL GS09 T027C ADC/DCC TRAINING ADMINISTRATOR GS09 T029C CLEST SENIOR AGENT GS09 T033C ADC/DCC MAJOR GS09 T106C DFA REVENUE SECURITY SUPERVISOR GS09 T108C ATC CHIEF CRIMINAL INVESTIGATIONS SUPV GS09 T112C DCC DIVISION MANAGER GS09 V034C DFA STATEWIDE PROCUREMENT COORDINATOR GS09 X012C ADE PLSB CHIEF INVESTIGATOR GS09 X014C TOBACCO SETTLEMENT COMMISSION DIRECTOR GS09 X022C BAIL BONDSMAN BOARD EXECUTIVE DIRECTOR GS09 X032C SENIOR SECURITIES EXAMINER GS09 X038C QUALITY ASSURANCE MANAGER GS09 X069C DFA HORSE RACING SUPERVISOR GS09 X190C DDSSA ADJUDICATOR IV GS09 X216C PSC PIPELINE SAFETY COORDINATOR GS09 A022C STUDENT LOAN FINANCE SPECIALIST GS08 A026N OAL AUDITOR GS08 A041C PROGRAM FISCAL MANAGER GS08 A045C STATISTICAL ANALYSIS MANAGER GS08 A047C FINANCIAL ANALYST II GS08 A049C DFA REVENUE OFFICE DISTRICT MANAGER GS08 A056C DHS FINANCIAL SECTION MANAGER GS08 A057C DFA TAX RESEARCH ANALYST GS08 A060C SENIOR AUDITOR GS08 A061C RETIREMENT INVESTMENT SPECIALIST GS08 A062C RETIREMENT COORDINATOR GS08 A066C INTERNAL AUDITOR GS08 A068C DIS BILLING SERVICES MANAGER GS08 A070C BANK EXAMINER GS08 A071C ADFA FINANCE PROGRAM ANALYST GS08 A082C ACCOUNTANT II GS08 A105C JDDC FISCAL MANAGER GS08 A113C OMIG SR. AUDITOR GS08 A116C BUSINESS OPERATIONS MANAGER GS08 A120C OAL ACCOUNTANT GS08 A123C OAL COLLECTIONS SPECIALIST GS08 B024C CONSERVATION PROGRAM MANAGER GS08 B025C AERONAUTICS ASSISTANT DIRECTOR GS08 B032C CHIEF PARK PLANNER GS08 B043C PROFESSIONAL GEOLOGIST GS08 B048C PARK SUPERINTENDENT III GS08 B049C AGRI PROGRAM MANAGER GS08 B050C OIL & GAS DISTRICT PETROLEUM SUPERVISOR GS08 B053C FORENSIC SCIENTIST GS08 B055C ECOLOGIST COORDINATOR GS08 B057C VETERINARY BOARD EXEC SECRETARY GS08 B058C STAFF FORESTER GS08 B063C HEALTH PHYSICIST GS08 B067C ARCHAEOLOGIST GS08 B079C HEALTH FACILITY LABORATORY SURVEYOR GS08 B084C AGS SUPERVISOR GS08 B126C SENIOR CHEMIST GS08 B127C SENIOR MICROBIOLOGIST GS08 C004C AREC SUPERVISOR GS08 C101C ADPT WELCOME CENTER ADMINISTRATOR GS08 C106C OAL OFFICE COORDINATOR GS08 C107C OMIG MEDICAL REVIEW OFFICER GS08 D041C DIS TECHNICAL ACCOUNTS SPECIALIST GS08 E018C SPECIALIZED TECHNICAL FACULTY GS08 E020C ADE OERZ TECHNICAL ASSIST SPECIALIST GS08 E023C TRAINING PROJECT MANAGER GS08 E026C EDUCATION & INSTRUCTION COORDINATOR GS08 E029C SIGN LANGUAGE COORDINATOR GS08 E030C LIBRARY COORDINATOR GS08 E031C EDUCATION PROGRAM COORDINATOR GS08 E035C CERTIFIED MASTERS TEACHER GS08 E066C DCCECE EDUCATION MANAGER GS08 G064C SR HLTH INSURANCE INFORMATION PRG MGR GS08 G079C OUTDOOR REC GRANTS PRGM DIR GS08 G081C DWS DIVISION CHIEF GS08 G083C DHS/DAAS DIVISION MANAGER GS08 G084C DFA DIVISION MANAGER II GS08 G086C ASP PROGRAM ASST ADMINISTRATOR GS08 G091C ADPT MARKETING & PROMOTION DIR GS08 G092C PUBLIC DEFENDER PROGRAM MANAGER GS08 G093C OPERATIONS MANAGER GS08 G105C ADPT DEVELOPMENT MANAGER GS08 G106C WCC CLAIMS SPECIALIST GS08 G107C WCC PROGRAM MANAGER GS08 G108C PUBLIC DEF OMBUDSMAN COORDINATOR GS08 G114C DWS WORKFORCE INVEST REG ADVISOR GS08 G115C ASST DIR OF RURAL SERVICES GS08 G116C LOCAL HEALTH UNIT ADMINISTRATOR II GS08 G119C SBEC EDUCATIONAL SERVICES MANAGER GS08 G121C REHAB PROGRAM MANAGER GS08 G126C FINANCE PROGRAM COORDINATOR GS08 G127C DWS PROGRAM OPERATIONS MANAGER GS08 G128C DWS FIELD MANAGER II GS08 G129C DHS/DCO PROGRAM MANAGER GS08 G130C DHS COUNTY ADMINISTRATOR I GS08 G137C AEDC RESEARCH PROGRAM COORDINATOR GS08 G139C ADEQ FACILITY SUPPORT SVCS MANAGER GS08 G140C ADEM PROGRAM MANAGER GS08 G152C DHS PROGRAM MANAGER GS08 G227C DFA OCSE PROGRAM SUPERVISOR GS08 G251C OMIG PROGRAM MANAGER GS08 G252C VETERANS SERVICE PROGRAM MANAGER GS08 G264C DHS FAIRNESS OFFICER GS08 L018C REHAB ASST DIRECTOR — ACTI GS08 L034C NUTRITIONIST SUPERVISOR GS08 L035C NUTRITIONIST CONSULTANT GS08 L041C ADC ASST MEDICAL PROGRAM MANAGER GS08 L043C HEALTH PROGRAM SPECIALIST III GS08 L047C MEDICAL TECHNOLOGIST SUPERVISOR GS08 L050C CERTIFIED RESPIRATORY THERAPY TECHNICIAN GS08 L059C ABSLPA DIRECTOR GS08 L091C ADH PUBLIC HEALTH SECTION CHIEF I GS08 L098C CERTIFIED VOCATIONAL REHAB COUNSELOR GS08 M007C DCC ASST TREATMENT PROGRAM MGR GS08 M010C FAMILY SERVICE WORKER CLINICAL SPEC GS08 M012C YOUTH PROGRAM MANAGER GS08 M015C FAMILY SERVICE WORKER SUPERVISOR GS08 M016C DHS FIELD MANAGER GS08 M018C PROGRAM ELIGIBILITY COORDINATOR II GS08 M020C LICENSED PROFESSIONAL COUNSELOR GS08 M021C DCC TREATMENT SUPERVISOR GS08 M031C ADMINISTRATOR OF CHAPLAINCY SVCS GS08 M088C LICENSED MASTER SOCIAL WORKER GS08 P005C DHE COMMUNICATIONS COORDINATOR GS08 P009C TELEVISION PRODUCTION MANAGER GS08 P010C EXHIBITS COORDINATOR GS08 P014C MUSEUM MANAGER GS08 R014C PERSONNEL MANAGER GS08 R016C DFA STATE PERSONNEL ANALYST GS08 R017C DFA STATE BUDGET ANALYST GS08 R021C BUDGET ANALYST GS08 R028C DFA STATEWIDE PAYROLL SYSTEMS SPECIALIST GS08 R042C DFA CAFR ASSET SPECIALIST GS08 S003C FOOD & BEVERAGE DIRECTOR GS08 S004C MAINTENANCE MANAGER GS08 S007C DIRECTOR HVACR SECTION GS08 S010C ADC INDUSTRY PROGRAM MANAGER GS08 S094C ADC CONSTRUCTION/MAINTENANCE COORD GS08 T019C DIRECTOR OF PUBLIC SAFETY I GS08 T021C ADC HEAD FARM MANAGER I GS08 T023C HE PUBLIC SAFETY COMMANDER II GS08 T031C DHS BEHAV HLTH PUBLIC SAFETY DIR GS08 T034C WORK RELEASE CENTER SUPERVISOR GS08 T035C ASP TROOPER 1ST CLASS GS08 T042C ADPT CHIEF RANGER GS08 T048C ADC/DCC CAPTAIN GS08 T104C ADC/DCC TRAINING ACADEMY SUPERVISOR GS08 T107C CLEST AGENT GS08 V002C FEDERAL SURPLUS PROPERTY MANAGER GS08 V004C PROCUREMENT MANAGER GS08 V007C PROCUREMENT COORDINATOR GS08 V032C DFA OSP SURPLUS PROPERTY MANAGER GS08 V035C DFA STATEWIDE PROCUREMENT SPECIALIST GS08 X016C MANUFACTURED HOMES COMMISSION DIRECTOR GS08 X017C INSURANCE LICENSING MANAGER GS08 X018C INSURANCE CONSUMER PROTECTION MANAGER GS08 X020C BURIAL ASSOCIATION BD EXEC SEC GS08 X026C CRIMINAL DETENTION FACILITIES COORD GS08 X030C REGULATORY BOARD CHIEF INVESTIGATOR GS08 X034C PREPAID FUNERAL MANAGER GS08 X035C ASP/CACD AREA MANAGER GS08 X037C EDUCATION INVESTIGATOR GS08 X039C DIRECTOR OF COSMETOLOGY BOARD GS08 X042C DCC PAROLE/PROBATION ASST AREA MGR GS08 X043C ADH ENVIRONMENTAL SUPV GS08 X044C ADH DIR PLUMBING INSPECTIONS GS08 X046C ACD DIVISION ADMINISTRATOR GS08 X050C PHYSICAL THERAPY BD EXEC DIR GS08 X051C LABOR MEDIATOR GS08 X052C LABOR INSPECTOR SUPERVISOR GS08 X062C QUALITY ASSURANCE COORDINATOR GS08 X064C PSC PUBLIC UTILITY AUDITOR GS08 X067C HEALTH FACILITIES SURVEYOR GS08 X070C DDSSA FRAUD INVESTIGATOR GS08 X071C DDSSA CLAIMS ADJUDICATOR III GS08 X072C CRIMINAL INSURANCE FRAUD INVESTIGATOR GS08 X073C CONTRACTORS BOARD INVESTIGATOR GS08 X135C SOCIAL WORK LICENSING BD EXEC DIR GS08 X148C AIRCRAFT PILOT GS08 X192C ASST DIRECTOR FRAUD INVESTIGATION GS08 X202C ADE PLSB SENIOR INVESTIGATOR GS08 X211C OAL SENIOR SECURITY SPECIALIST GS08 X215C DFA ABC ENFORCEMENT OFFICER SUPERVISOR GS08 A055C DHS INSTITUTION BUSINESS MANAGER GS07 A059C TAX AUDITOR GS07 A063C RESEARCH & STATISTICS SUPERVISOR GS07 A064C PSC TAX VALUATION SUPERVISOR GS07 A065C PAYROLL SERVICES COORDINATOR GS07 A067C INSURANCE EXAMINER GS07 A069C DFA REVENUE OFFICE ASST DISTRICT MANAGER GS07 A072C RESEARCH & STATISTICS MANAGER GS07 A073C PROGRAM/FIELD AUDITOR SUPERVISOR GS07 A075C FINANCIAL ANALYST I GS07 A076C FINANCE PROGRAM ANALYST GS07 A078C RETIREMENT COUNSELOR GS07 A079C INVESTMENT ANALYST GS07 A081C AUDITOR GS07 A085C DWS SR FIELD TAX REPRESENTATIVE GS07 A089C ACCOUNTANT I GS07 A109C DFA SEFA / CAFR SPECIALIST GS07 B051C GEOLOGIST GS07 B052C FORENSIC SPECIALIST GS07 B054C CAMPUS CONSTRUCTION COORDINATOR GS07 B060C LAND RESOURCE SPECIALIST SUPERVISOR GS07 B061C RESEARCH TECHNOLOGIST GS07 B062C FOREST HEALTH SPECIALIST GS07 B065C ECOLOGIST GS07 B066C BIOLOGIST SPECIALIST GS07 B068C ADEQ ECOLOGIST GS07 B071C PARK SUPERINTENDENT II GS07 B072C AGRI PROGRAM COORDINATOR GS07 B074C SURVEYOR GS07 B075C PARK PLANNER GS07 B077C MICROBIOLOGIST GS07 B080C FORESTER GS07 B081C CHEMIST GS07 B082C BIOLOGIST GS07 B132C ASSISTANT HATCHERY MANAGER GS07 B137C CRIME LAB PROGRAM COORDINATOR GS07 C003C STADIUM COMMISSION MARKETING/EVENT MGR GS07 C009C HEARING REPORTER GS07 C010C EXECUTIVE ASSISTANT TO THE DIRECTOR GS07 C011C BD OF ARCH ADMIN ASST/OFFICE MGR GS07 C015C AGRI ADMINISTRATIVE COORDINATOR GS07 C031C ENG & LAND SURVEYORS ASST EXEC DIRECTOR GS07 D053C DIS ACCOUNT ANALYST GS07 E027C CAREER & TECHNICAL FACULTY GS07 E032C EDUCATION COUNSELOR GS07 E040C STAFF DEVELOPMENT COORDINATOR GS07 E041C SENIOR LIBRARIAN GS07 E042C PUBLIC HEALTH EDUCATOR SUPERVISOR GS07 E048C EDUCATION & INSTRUCTION SPECIALIST GS07 E064C CERTIFIED PUBLIC HEALTH EDUCATOR GS07 E065C CANCER INFORMATION MANAGEMENT SPECIALIST GS07 G082C DHS/DYS ADMISSIONS EVALUATOR GS07 G120C RISK CONSULTANT GS07 G125C INSURANCE SPECIAL PROJECTS COORDINATOR GS07 G131C DHS BEHAV HLTH MED BUS PRACTICES ADMIN GS07 G132C DFA PROGRAM MANAGER GS07 G133C DFA DIVISION MANAGER I GS07 G138C AGENCY ADMINISTRATIVE REVIEW OFFICER GS07 G142C ADC CLASSIFICATION ADMINISTRATOR GS07 G143C LOCAL HEALTH UNIT ADMINISTRATOR I GS07 G144C TECHNICAL INSTITUTE PROGRAM COORDINATOR GS07 G145C RURAL CONST GRANT/FINANCIAL OFFICER GS07 G146C MITIGATION SPECIALIST GS07 G147C GRANTS COORDINATOR GS07 G148C ENERGY PROGRAM MANAGER GS07 G149C DWS FIELD MANAGER I GS07 G151C DHS/DCO COUNTY SUPERVISOR GS07 G153C DHS/DAAS PROGRAM SUPERVISOR GS07 G154C DCC PROGRAM COORDINATOR GS07 G155C DAH PROGRAM MANAGER GS07 G157C ADEM AREA COORDINATOR GS07 G158C ACIC PROGRAM MANAGER GS07 G159C DEPARTMENT BUSINESS COORDINATOR GS07 G163C REHAB PROGRAM COORDINATOR GS07 G164C EXECUTIVE ASSISTANT TO COMMISSIONER GS07 G165C ADPT SPECIALTY OPERATIONS MANAGER GS07 G168C INDUSTRIAL CONSULTANT GS07 G173C ADFA PROGRAM COORDINATOR GS07 G176C VOLUNTEER PROGRAM MANAGER GS07 G181C DWS PROGRAM MONITOR GS07 G182C DHS/DDS PROGRAM COORDINATOR GS07 G183C DHS PROGRAM COORDINATOR GS07 G196C DWS SATELLITE OFFICE SUPERVISOR GS07 G209C DWS PROGRAM SUPERVISOR GS07 G244C ASBMT EXECUTIVE DIRECTOR GS07 G248C ENERGY PROGRAM COORDINATOR GS07 G253C VETERANS SERVICE OFFICER GS07 G260C OAL MARKETING SALES REP GS07 G265C SENIOR TECHNICAL WRITER GS07 G267C DHS PROGRAM ELIGIBILITY ANALYST GS07 L039C NUTRITIONIST GS07 L048C HEALTH PROGRAM SPECIALIST II GS07 L049C DISEASE INTERVENTION SPEC SUPV GS07 L052C REHAB FACILITY SUPERVISOR GS07 L054C EMERGENCY MEDICAL SERVICES SUPV GS07 L055C DIETICIAN GS07 L057C REHAB SVS FACILITY SPECIALIST GS07 L061C MEDICAL TECHNOLOGIST GS07 L062C LICENSED PRACTICAL NURSE SUPERVISOR GS07 L064C RADIOLOGY TECHNICIAN GS07 L101C ENTOMOLOGIST GS07 M017C CHILD ABUSE & NEGLECT PREVENTION BD DIR GS07 M019C MILITARY HOUSING DIRECTOR GS07 M023C SUBSTANCE ABUSE PROGRAM COORD GS07 M024C RESIDENTIAL SERVICES MANAGER GS07 M025C PROGRAM ELIGIBILITY COORDINATOR I GS07 M026C LICENSED SOCIAL WORKER GS07 M027C FAMILY SERVICE WORKER SPECIALIST GS07 M029C CHILD SUPPORT SUPERVISOR II GS07 M032C VOCATIONAL REHAB PLACEMENT SPEC GS07 M037C PROGRAM ELIGIBILITY SUPERVISOR GS07 M039C MEDICAID SERVICES SUPERVISOR GS07 M040C FAMILY SERVICES PROGRAM COORDINATOR GS07 M042C DHS STAFF SUPERVISOR GS07 M043C DDS PROGRAM COORDINATOR GS07 M046C ADC/DCC TREATMENT COORDINATOR GS07 M049C SENIOR CHAPLAIN GS07 P008C TELEVISION PROGRAM MANAGER GS07 P012C TELEVISION PRODUCER GS07 P013C PUBLIC INFORMATION COORDINATOR GS07 P015C DAH MANAGER OF HISTORIC PROPERTIES GS07 P016C CURATOR GS07 P018C ARCHIVAL MANAGER GS07 P020C PRODUCTION ARTIST GS07 P025C SUPERVISOR OF INTERPRETIVE PROGRAMS GS07 P030C MUSEUM EXHIBIT PROGRAM SPECIALIST GS07 P032C DESIGN CONSULTANT GS07 P038C HISTORIAN GS07 P068C RADIO PRODUCER GS07 P069C OAL GRAPHIC SPECIALIST GS07 P070C OAL OFFICE CAMPAIGN COORDINATOR GS07 P072C OAL PUBLICATION SPECIALIST GS07 R018C DFA EBD PROGRAM SUPERVISOR GS07 R024C ASSISTANT PERSONNEL MANAGER GS07 S008C CAMPUS MAINTENANCE SUPERVISOR GS07 S015C ASST LODGE MANAGER GS07 S017C MAINTENANCE COORDINATOR GS07 S019C DIRECTOR MAINTENANCE GS07 S096C ADC CONSTRUCTION PROJECT SUPERVISOR GS07 S106C LICENSED TRADESMAN GS07 T030C PUBLIC SAFETY COMMANDER I GS07 T032C DFA REVENUE SECURITY COORDINATOR GS07 T036C MILITARY FACILITIES SUPERVISOR GS07 T043C MILITARY DEPUTY FIRE CHIEF GS07 T044C IA SUPERVISOR GS07 T045C DCC PAROLE/PROBATION OFFICER GS07 T054C ADC/DCC LIEUTENANT GS07 T100C ASP TROOPER GS07 T111C TRAINING SUPPORT CENTER MANAGER GS07 T113C DCC ASST DIVISION MANAGER GS07 T114C DCC SEX OFFENDER AFTERCARE EXAMINER GS07 U009U VETERANS CHILD WELFARE DIR GS07 V008C BUYER SUPERVISOR GS07 V011C MEDICAL BUYER GS07 X028C BD OF BARBER EXAM SECRETARY GS07 X036C ADEQ INSPECTOR SUPERVISOR GS07 X047C REAL ESTATE MANAGER GS07 X049C PROPERTY ASSESSMENT COORD MANAGER GS07 X053C INTERNAL AFFAIRS MANAGER GS07 X054C ENVIRONMENTAL PROGRAM COORDINATOR GS07 X056C CAPITAL CONFLICTS INVESTIGATOR GS07 X058C AGRI COMMODITY AREA SUPERVISOR GS07 X059C ADEQ ENFORCEMENT COORDINATOR GS07 X060C SENIOR ENVIRONMENTAL HEALTH SPECIALIST GS07 X061C SECURITIES EXAMINER GS07 X065C LABOR INSPECTOR GS07 X066C INSURANCE PREMIUM TAX EXAMINER GS07 X068C ETHICS COMMISSION COMPLIANCE SPECIALIST GS07 X076C TITLE INSURANCE COMPLIANCE OFFICER GS07 X077C REAL ESTATE OFFICER GS07 X080C PROPERTY & CASUALTY COMPLIANCE OFFICER GS07 X083C INSURANCE LIFE & HEALTH COMP OFFICER GS07 X085C DFA ABC ENFORCEMENT OFFICER GS07 X090C ASP/CACD SENIOR INVESTIGATOR GS07 X091C AREC SR REAL ESTATE INVESTIGATOR GS07 X095C QUALITY ASSURANCE ANALYST GS07 X103C DENTAL EXAMINERS BD INVESTIGATOR GS07 X104C DDSSA CLAIMS ADJUDICATOR II GS07 X108C ASP DL/CDL COORDINATOR GS07 X109C AGRI INVESTIGATOR GS07 X111C AGRI INSPECTOR SUPERVISOR GS07 X112C AFHC CHIEF INVESTIGATOR GS07 X125C FRAUD INVESTIGATOR COORDINATOR GS07 X137C PAROLE BOARD INVESTIGATOR GS07 X147C AR TOWING & RECOVERY BOARD DIRECTOR GS07 X187C INVESTIGATOR GS07 X200C MEDICAID FRAUD INVESTIGATOR GS07 X208C OAL CLAIMS CENTER MANAGER GS07 X210C OAL LICENSING MANAGER GS07 A048C DIS RATE ANALYST GS06 A074C FISCAL SUPPORT SUPERVISOR GS06 A077C DFA LOCAL REVENUE OFFICE MANAGER GS06 A080C FINANCE AUTHORITY SPECIALIST GS06 A083C RETIREMENT ANALYST GS06 A084C PROGRAM/FIELD AUDIT SPECIALIST GS06 A086C BD OF ACCT FISCAL OFFICER/CPE COORD GS06 A092C DWS FIELD TAX REP GS06 A093C STATISTICIAN GS06 A114C OMIG AUDITOR GS06 A122C OAL FISCAL SPECIALIST GS06 B040C ADC AGRICULTURE PRODUCTION SUPERVISOR GS06 B059C ANRC PROGRAM COORDINATOR GS06 B073C FORENSIC TECHNICIAN SUPERVISOR GS06 B076C RESEARCH PROJECT ANALYST GS06 B078C METROLOGIST GS06 B085C PARK SUPERINTENDENT I GS06 B086C LAND MANAGEMENT SPECIALIST GS06 B087C ENERGY CONSERVATION COORD GS06 B088C COUNTY FOREST RANGER GS06 B097C NATURAL RESOURCES PROGRAM SPECIALIST GS06 C006C ARK SENTENCING COMMISSION ASST DIRECTOR GS06 C013C MEDICAL SERVICES REPRESENTATIVE GS06 C017C HEALTH ADMINISTRATIVE COORDINATOR GS06 C018C DFA EXECUTIVE ASSISTANT TO THE CMSNR GS06 C020C STUDENT APPLICATIONS SPECIALIST GS06 C026C RECORDS/INTAKE SUPERVISOR GS06 C029C HEARING OFFICER GS06 C032C DWS UI CLAIM TECHNICIAN GS06 C037C ADMINISTRATIVE ANALYST GS06 C094C ATHLETIC COMMISSION PROGRAM MANAGER GS06 D070C DIS ACCOUNTS SPECIALIST GS06 D073C ACIC FIELD AGENT GS06 D074C TELECOMMUNICATIONS SUPERVISOR GS06 D076C COMMUNICATIONS SYSTEMS SUPERVISOR GS06 E028C SIGN LANGUAGE INTERPRETER GS06 E033C DFA ORGANIZATIONAL DEVELOPMENT SPEC GS06 E037C EDUCATION PROGRAM SPECIALIST GS06 E038C EDUCATION & INSTRUCTION ANALYST GS06 E039C DHS/DSB TEACHER FOR THE BLIND GS06 E043C CERTIFIED VOCATIONAL TEACHER GS06 E044C CERTIFIED BACHELORS TEACHER GS06 E045C ACIC TRAINING COORDINATOR GS06 E046C TRAINING INSTRUCTOR GS06 E047C PUBLIC HEALTH EDUCATOR GS06 E052C LIBRARIAN GS06 G122C PUBLIC DEFENDER PROGRAM COORDINATOR GS06 G123C PSC CLERK GS06 G124C OMBUDSMAN GS06 G141C ADC INDUSTRY ASSISTANT ADMR GS06 G160C WCC PROGRAM COORDINATOR GS06 G161C VICTIM/WITNESS COORDINATOR GS06 G162C SBEC ELECTION COORDINATOR GS06 G166C MILITARY PROGRAM COORDINATOR GS06 G170C DHS ADMINISTRATIVE REVIEW OFFICER GS06 G171C COORD OF AFRICAN AMERICAN HIST PRGM GS06 G172C CAREER PLANNING & PLAC COORDINATOR GS06 G175C ADEM PROGRAM COORDINATOR GS06 G178C POLICY DEVELOPMENT COORDINATOR GS06 G179C LEGAL SERVICES SPECIALIST GS06 G180C GRANTS ANALYST GS06 G184C DHS PROGRAM CONSULTANT GS06 G186C DAH PROGRAM COORDINATOR GS06 G191C ASP HIGHWAY SAFETY PROGRAM SPECIALIST GS06 G192C ACIC PROGRAM ANALYST GS06 G193C WCC PROGRAM SPECIALIST GS06 G194C PUBLIC DEFENDER INTERPRETER GS06 G198C DHS/DAAS PROGRAM SPECIALIST GS06 G199C DDSSA PROFESSIONAL RELATIONS OFFICER GS06 G202C VOLUNTEER PROGRAM COORDINATOR GS06 G204C PLANNING SPECIALIST GS06 G205C PARK PROGRAM SPECIALIST GS06 G206C LODGE SALES DIRECTOR GS06 G208C EMERGENCY PLANNER GS06 G210C DHS PROGRAM SPECIALIST GS06 G214C GRANTS SPECIALIST GS06 G217C DWS WORKFORCE SPECIALIST GS06 G230C JDDC PARALEGAL GS06 G232C ENERGY CONSERVATION MANAGER GS06 G242C DRUG COURT CASE COORDINATOR GS06 G261C OAL DRAW MANAGER GS06 L044C DHS BEHAV HLTH CASE REVIEW ANALYST GS06 L051C REHABILITATION COUNSELOR GS06 L053C HEALTH PROGRAM SPECIALIST I GS06 L058C DISEASE INTERVENTION SPECIALIST GS06 L060C REHAB INSTRUCTOR SUPERVISOR GS06 L063C FAMILY CONSUMER SCIENCE SPECIALIST GS06 L065C EMERGENCY MEDICAL SERVICES SPEC GS06 L069C LICENSED PRACTICAL NURSE GS06 L103C PSYCHOLOGICAL EVALUATOR GS06 M038C PROGRAM ELIGIBILITY ANALYST GS06 M041C DHS/DCFS FIELD SERVICES REPRESENTATIVE GS06 M044C ASSOCIATE PROFESSIONAL COUNSELOR GS06 M045C ADULT PROTECTIVE SERVICES WORKER GS06 M047C YOUTH SERVICES ADVISOR GS06 M048C SUBSTANCE ABUSE PROGRAM LEADER GS06 M050C INTERPRETER GS06 M051C FAMILY SERVICE WORKER GS06 M052C CHILD SUPPORT SUPERVISOR I GS06 M053C CHILD CARE SERVICE SPECIALIST GS06 M054C SOCIAL SERVICE WORKER GS06 M057C CHAPLAIN GS06 M066C PROGRAM ELIGIBILITY SPECIALIST GS06 P017C TELEVISION PRODUCTION COORDINATOR GS06 P019C TRAVEL INFORMATION WRITER GS06 P021C EDITOR GS06 P023C BROADCAST PROMOTION SPECIALIST GS06 P024C ARCHIVIST GS06 P027C PUBLIC INFORMATION SPECIALIST GS06 P028C PARK INTERPRETER II GS06 P029C MUSEUM PROGRAMS SPECIALIST GS06 P031C MEDIA SPECIALIST GS06 P034C ADPT CONSULTANT GS06 P036C MUSEUM STORE MANAGER GS06 P037C MUSEUM INTERPRETIVE SPECIALIST GS06 P040C HISTORICAL RESEARCHER GS06 P041C COMMERCIAL GRAPHIC ARTIST GS06 P047C MUSEUM REGISTRAR GS06 P049C COMMERCIAL ARTIST I/GRAPHIC ART I GS06 R022C BENEFITS COORDINATOR GS06 R025C HUMAN RESOURCES ANALYST GS06 R026C CIVIL RIGHTS/EMPLOYEE RELATIONS COORD GS06 R027C BUDGET SPECIALIST GS06 R029C HUMAN RESOURCES RECRUITER GS06 R030C EEO/GRIEVANCE OFFICER GS06 R034C DFA EBD BENEFITS SPECIALIST GS06 S009C ASD/ASB TRANSPORTATION SERVICES COORD GS06 S011C ADC COMMODITY & FOOD SVC ADMR GS06 S013C ABA BUILDING/PROGRAM SUPERVISOR GS06 S014C RESTAURANT MANAGER GS06 S016C SKILLED TRADES FOREMAN GS06 S020C AVIATION TECHNICIAN GS06 S021C WATER FILTER/WASTE DISPOSAL PLNT SUPV GS06 S022C SKILLED TRADES SUPERVISOR GS06 S023C PRINT SHOP MANAGER GS06 S024C CONSTRUCTION/MAINTENANCE COORD GS06 S027C ADC INDUSTRIAL SUPERVISOR II GS06 S033C MAINTENANCE SUPERVISOR GS06 S039C TELEVISION PROGRAM SPECIALIST GS06 S095C ADC CONSTRUCTION PROJECT SPECIALIST GS06 S098C CONSTRUCTION SUPERVISOR GS06 S105C ADC INDUSTRY PROGRAM SPECIALIST GS06 T039C ADC INMATE TRANSPORTATION COORD GS06 T040C ADC ASSISTANT HEAD FARM MANAGER GS06 T041C WORK RELEASE PROGRAM SUPERVISOR GS06 T046C ASP/CACD HOTLINE SUPERVISOR GS06 T049C MILITARY FIREFIGHTER SHIFT LEADER GS06 T051C PUBLIC SAFETY SUPERVISOR GS06 T052C DHS/DBHS PUBLIC SAFETY SUPERVISOR GS06 T053C AGRICULTURE UNIT SUPERVISOR II GS06 T056C PARK RANGER II GS06 T061C SENIOR IA GS06 T062C PUBLIC SAFETY DIRECTOR GS06 T065C ADC/DCC CORRECTIONAL SERGEANT GS06 T093C DCC PAROLE/PROBATION OFFICER II GS06 T103C LAW ENFORCEMENT TRAINING INSTRUCTOR GS06 T105C PAROLE BD VICTIM INPUT COORDINATOR GS06 V010C DFA BUYER GS06 V033C DFA OSP SURPLUS PROPERTY SUPERVISOR GS06 X063C PUBLIC DEFENDER INVESTIGATOR GS06 X074C ATC AUDITOR/INVESTIGATOR GS06 X075C ADEQ ENFORCEMENT ANALYST GS06 X079C PROPERTY ASSESSMENT AUDITOR SUPERVISOR GS06 X081C PLUMBING/HVACR INSPECTOR SUPERVISOR GS06 X082C OIL & GAS INSPECTOR GS06 X084C DFA DOG RACING SUPERVISOR GS06 X087C ASBCE EXECUTIVE DIRECTOR GS06 X088C EMBALMERS & FUNERAL DIR INVESTIGATOR GS06 X093C ADEQ INSPECTOR GS06 X094C SERVICES & PROGRAM LICENSING SPECIALIST GS06 X099C MOTOR VEHICLE LICENSE SUPERVISOR GS06 X101C INTERNAL AFFAIRS INVESTIGATOR GS06 X102C ENVIRONMENTAL HEALTH SPECIALIST GS06 X105C CONTRACTORS LICENSING COORDINATOR GS06 X106C CAPITOL ZONING DISTRICT PLNG & PRESV DIR GS06 X107C ASP/CACD INVESTIGATOR GS06 X110C AREC INVESTIGATOR GS06 X113C VETERANS CLAIMS SPECIALIST GS06 X115C SOCIAL SECURITY ANALYST GS06 X118C PLANT BOARD INSPECTOR SUPERVISOR GS06 X120C MOTOR VEHICLE INVESTIGATOR GS06 X122C LABOR STANDARDS INVESTIGATOR GS06 X133C ADC/DCC INTERNAL AFFAIRS INVESTIGATOR GS06 X136C QUALITY ASSURANCE REVIEWER GS06 X138C FIRE PROTECTION LICENSING BOARD DIRECTOR GS06 X139C DWS UI INVESTIGATOR GS06 X140C APB ADMINISTRATIVE DIRECTOR GS06 X143C DDSSA CLAIMS ADJUDICATOR I GS06 X145C BOARD OF OPTOMETRY EXECUTIVE DIRECTOR GS06 X146C AGRI INSPECTOR III GS06 X150C AFHC INVESTIGATOR GS06 X154C PUBLIC ASSISTANCE INVESTIGATOR GS06 X156C FRAUD INVESTIGATOR GS06 X186C ADEQ AIR COMPLIANCE MONITOR GS06 X193C AHIRB EXECUTIVE DIRECTOR GS06 X196C ATC SENIOR ENFORCEMENT AGENT GS06 X198C RACING COMMISSION INVESTIGATOR GS06 X209C OAL SECURITY SPECIALIST GS06 A088C ASSETS COORDINATOR GS05 A090C PAYROLL SERVICES SPECIALIST GS05 A091C FISCAL SUPPORT ANALYST GS05 A094C DFA LOCAL REVENUE OFFICE SUPERVISOR GS05 A099C CREDIT & COLLECTIONS SUPV GS05 B083C ASP AFIS COORDINATOR GS05 B090C ENGINEER TECHNICIAN GS05 B093C LAND RESOURCE SPECIALIST GS05 B094C FORENSIC TECHNICIAN GS05 B098C FOREST RANGER II GS05 B100C ARCHITECTURAL DRAFTSMAN GS05 B105C FARM FOREMAN — INST GS05 B108C LABORATORY COORDINATOR GS05 B109C SURVEY CREW CHIEF GS05 B120C FARM MAINTENANCE MECHANIC GS05 C008C STADIUM COMMISSION OFFICE MANAGER GS05 C012C PUBLIC DEFENDER SUPPORT SVCS SPECIALIST GS05 C016C INSURANCE ADMINISTRATIVE COORDINATOR GS05 C021C ADPT ARCHIVAL MICROPHOTO SUPV GS05 C022C BUSINESS OPERATIONS SPECIALIST GS05 C024C ADC/DCC RECORDS SUPERVISOR GS05 C027C ADPT WELCOME CENTER MANAGER II GS05 C028C MEDICAL RECORDS SUPERVISOR GS05 C030C HEALTH RECORDS SPECIALIST GS05 C035C ASST REGISTRAR GS05 C036C ADMINISTRATIVE REVIEW ANALYST GS05 C038C ADEM EMERGENCY MANAGEMENT DUTY OFFICER GS05 C040C LEASING SPECIALIST GS05 C042C DFA REVENUE SUPERVISOR GS05 C047C FRONT DESK SUPERVISOR GS05 C050C ADMINISTRATIVE SUPPORT SUPERVISOR GS05 C054C LOCAL OFFICE ADMINISTRATIVE SPECIALIST GS05 C092C JDDC LEGAL/ADMIN SECRETARY GS05 C096C ADPT OFFICE MANAGER III GS05 D077C HELP DESK SPECIALIST GS05 D081C TELECOMMUNICATIONS SPECIALIST GS05 D085C COMMUNICATIONS SUPERVISOR GS05 D087C DATABASE COORD/BUSINESS LICENSE ANALYST GS05 E049C VOCATIONAL INSTRUCTOR GS05 E050C LIBRARY SUPERVISOR GS05 E051C STAFF DEVELOPMENT SPECIALIST GS05 E054C ADC/DCC UNIT TRAINER GS05 E055C DAY CARE TEACHER GS05 G187C CREDENTIALING COORDINATION SUPERVISOR GS05 G200C CLASSIFICATION & ASSIGNMENT OFFICER GS05 G201C WCC CLAIMS ANALYST GS05 G207C FINANCIAL AID ANALYST GS05 G215C CAREER PLANNING & PLACEMENT SPECIALIST GS05 G216C ADC INMATE GRIEVANCE COORDINATOR GS05 G218C STUDENT RECRUITMENT SPECIALIST GS05 G220C DWS UNIT SUPERVISOR GS05 G236C DHS/DOV AREA COORDINATOR GS05 G237C VETERANS CEMETERY MANAGER GS05 L066C REHABILITATION INSTRUCTOR GS05 L070C HEALTH CARE ANALYST GS05 L071C DENTAL HYGIENIST GS05 L072C ADC HIV/AIDS EDUCATOR GS05 M004C RESIDENTIAL OPERATIONS MANAGER GS05 M056C MILITARY HOUSING MANAGER GS05 M058C ADC/DCC PROGRAM SPECIALIST GS05 M059C ADC/DCC ADVISOR GS05 M060C YOUTH PROGRAM COORDINATOR GS05 M061C VOCATIONAL REHAB EVALUATOR GS05 M064C RESIDENTIAL ACTIVITIES SUPERVISOR GS05 M065C RECREATIONAL ACTIVITY SUPERVISOR GS05 M067C CHILD SUPPORT SPECIALIST II GS05 M068C CHILD SUPPORT SPECIALIST I GS05 M072C RECREATION COORDINATOR GS05 M091C ARNG YOUTH PROGRAM SHIFT LEADER GS05 P026C RADIO PROGRAM DIRECTOR GS05 P035C PARK INTERPRETER GS05 P042C BROADCAST PRODUCTION SPECIALIST GS05 P044C ADC SALES REPRESENTATIVE GS05 P046C PHOTOGRAPHER GS05 Q112U GOV OFC HOUSEKEEPER SUPERVISOR GS05 R031C INSTITUTION HUMAN RESOURCES COORDINATOR GS05 R032C HUMAN RESOURCES PROGRAM REPRESENTATIVE GS05 R033C BENEFITS ANALYST GS05 S018C HVACR MECHANICAL INSPECTOR GS05 S025C BUILDING AND GROUNDS COORDINATOR GS05 S026C ADC/DCC ASST MAINTENANCE SUPERVISOR GS05 S028C SCHOOL BUS DRIVER TRAINER GS05 S030C WATER FILTER/WASTE DISPOSAL PLNT OPER GS05 S031C SKILLED TRADESMAN GS05 S032C PRINT SHOP SUPERVISOR GS05 S034C INTERSTATE TRUCK DRIVER GS05 S035C FABRICATION SHOP MANAGER GS05 S036C AUTO/DIESEL MECHANIC SUPERVISOR GS05 S038C TRANSIT OPERATIONS SUPERVISOR GS05 S041C BOILER OPERATOR GS05 S048C ASST RESTAURANT MANAGER GS05 S049C LODGE HOUSEKEEPING SUPERVISOR GS05 S069C RADIO DISPATCH OPERATOR GS05 S102C PARK SPECIALIST III GS05 T055C PUBLIC SAFETY OFFICER GS05 T058C AGRICULTURE UNIT SUPERVISOR I GS05 T059C ADC/DCC FOOD PREPARATION MANAGER GS05 T060C SENIOR MILITARY FIREFIGHTER GS05 T063C PARK RANGER GS05 T064C CIVIL AIR PATROL SVCS COORD GS05 T067C PUBLIC SAFETY OFFICER II GS05 T068C FIRING RANGE SPECIALIST GS05 T069C BOMB TECHNICIAN GS05 T071C ADC UNIT TRAINING SUPERVISOR GS05 T075C ADC/DCC CORPORAL GS05 T076C ADC/DCC ADMIN REVIEW OFFICER GS05 T092C DCC PAROLE/PROBATION OFFICER I GS05 T115C DCC INSTITUTIONAL RELEASE MANAGER GS05 V012C FEDERAL SURPLUS PROPERTY SUPERVISOR GS05 V013C CENTRAL WAREHOUSE OPERATIONS MGR GS05 V014C BUYER GS05 V015C PURCHASING SPECIALIST GS05 V018C WAREHOUSE MANAGER GS05 X078C PSC UTILITIES SERVICES SPECIALIST GS05 X096C PLUMBING INSPECTOR GS05 X097C AGRI SPECIALIST GS05 X100C LP GAS INSPECTOR GS05 X114C SR AGRI COMMODITY COMPLIANCE INSPECTOR GS05 X116C SCHOOL BUS TRANS INSPECTOR GS05 X117C PROPERTY ASSESSMENT AUDITOR GS05 X119C OCCUPATIONAL SAFETY COORDINATOR GS05 X121C MANUFACTURED HOUSING SPEC SUPV GS05 X123C INSURANCE INVESTIGATOR GS05 X124C HEALTH FACILITY REVIEWER GS05 X127C DISCIPLINARY HEARING OFFICER GS05 X128C CORRECTIONAL UNIT ACCREDITATION SPEC GS05 X129C CONSTRUCTION INSPECTOR GS05 X130C BD OF COLLECTION FIELD INVESTIGATOR GS05 X131C ATC ENFORCEMENT AGENT GS05 X132C AGRI COMMODITY COMPLIANCE INSPECTOR GS05 X142C DFA RACING COMMISSION JUDGE GS05 X151C SAFETY SUPERVISOR GS05 X157C AGRI INSPECTOR II GS05 X163C QUALITY ASSURANCE TECHNICIAN GS05 X173C PEST CONTROL TECHNICIAN SUPERVISOR GS05 X191C MASSAGE THERAPY INSPECTOR GS05 X201C DDSSA ADJUDICATIVE SPECIALIST GS05 X213C OAL LICENSING SPECIALIST GS05 A097C PAYROLL TECHNICIAN GS04 A098C FISCAL SUPPORT SPECIALIST GS04 A100C PAYROLL OFFICER GS04 A101C ACCOUNTING TECHNICIAN GS04 A102C FISCAL SUPPORT TECHNICIAN GS04 A104C DFA RACING COMMISSION OFFICE AUDITOR GS04 B092C SEED ANALYST SUPERVISOR GS04 B096C AGRI SEED ANALYST GS04 B101C NATURAL RESOURCES PROGRAM TECHNICIAN GS04 B102C FOREST RANGER I GS04 B103C AGS SPECIALIST GS04 B106C RESEARCH ASSISTANT GS04 B111C LABORATORY TECHNICIAN GS04 C014C MEDICAL EXAMINER CASE COORDINATOR GS04 C039C ADPT OFFICE MANAGER II GS04 C043C RECORDS MANAGEMENT ANALYST GS04 C044C MEDICAL BILLING SPECIALIST GS04 C045C LICENSING COORDINATOR GS04 C046C LEGAL SUPPORT SPECIALIST GS04 C048C DFA SUPERVISOR GS04 C049C DDSSA ADJUDICATIVE ASSISTANT GS04 C052C ADPT OFFICE MANAGER I GS04 C056C ADMINISTRATIVE SPECIALIST III GS04 C057C ADMINISTRATION SUPPORT SPECIALIST GS04 C072C ADMINISTRATIVE SUPPORT SPECIALIST GS04 C083C MAIL SERVICES COORDINATOR GS04 C091C ADPT WELCOME CENTER MANAGER I GS04 C098C RACING COMMISSION ASSISTANT SUPERVISOR GS04 D086C CALL CENTER ANALYST GS04 D088C EMERGENCY COMMUNICATION SPECIALIST GS04 G219C LOGISTICS MANAGER GS04 G221C VEHICLE FACILITIES COORD GS04 L073C LACTATION CONSULTANT GS04 L074C THERAPY ASSISTANT GS04 L077C HEALTH SERVICES SPECIALIST II GS04 L078C FAMILY SERVICES ASSISTANT GS04 L081C DENTAL ASSISTANT GS04 L102C DIETETIC SPECIALIST GS04 M063C RESIDENTIAL CARE PROGRAM COORDINATOR GS04 M069C YOUTH SERVICES TECHNICIAN GS04 M073C RESIDENTIAL CARE SUPERVISOR GS04 M077C COORDINATOR OF HOUSEKEEPING GS04 P043C ARCHIVAL ASSISTANT GS04 P048C MULTI-MEDIA SPECIALIST GS04 P057C LIVESTOCK NEWS REPORTER GS04 R036C HUMAN RESOURCES SPECIALIST GS04 R037C BENEFITS TECHNICIAN GS04 R038C HUMAN RESOURCES ASSISTANT GS04 S037C ABA BUILDING MAINTENANCE SPECIALIST GS04 S040C CALIBRATION TECHNICIAN GS04 S043C ADC INDUSTRIAL SUPERVISOR I GS04 S044C FOOD PREPARATION MANAGER GS04 S046C MAINTENANCE TECHNICIAN GS04 S047C LANDSCAPE SUPERVISOR GS04 S051C INSTRUMENTATION TECHNICIAN GS04 S052C HEAVY EQUIPMENT SPECIALIST GS04 S053C AUTO/DIESEL MECHANIC GS04 S061C CHDC LAUNDRY OPERATIONS MANAGER GS04 S099C STATIONARY ENGINEER GS04 S104C ADPT HOUSEKEEPER SUPERVISOR GS04 T066C MILITARY FIREFIGHTER GS04 T070C ADC/DCC FOOD PREPARATION SUPERVISOR GS04 T072C SECURITY OFFICER SUPERVISOR GS04 T074C ASP/CACD HOTLINE OPERATOR GS04 T077C ADC MAILROOM SERVICES COORDINATOR GS04 T079C FACILITY MANAGER II GS04 T083C ADC/DCC CORRECTIONAL OFFICER I GS04 T102C ASP CACD SR. HOTLINE OPERATOR GS04 V016C COMMODITY SPECIALIST GS04 V017C COMMISSARY COORDINATOR GS04 V019C SURPLUS PROPERTY SPECIALIST GS04 V020C INVENTORY CONTROL MANAGER GS04 V021C SURPLUS PROPERTY AGENT GS04 V022C PURCHASING TECHNICIAN GS04 V023C STOREROOM SUPERVISOR GS04 V025C WAREHOUSE SPECIALIST GS04 X098C OIL & GAS TECHNICIAN GS04 X149C AGRI COMMODITY COMPLIANCE SPECIALIST GS04 X152C REAL PROPERTY MANAGEMENT SPECIALIST GS04 X153C REAL ESTATE ANALYST GS04 X155C MANUFACTURED HOUSING SPEC GS04 X160C ASP USED MOTOR VEHICLE INSPECTOR GS04 X165C AGRI INSPECTOR I GS04 X167C COMPLAINTS INVESTIGATOR GS04 X168C BAIL BONDSMAN BOARD INVESTIGATOR GS04 X169C AREC EXAMINER GS04 X174C COSMETOLOGY INSPECTOR GS04 X177C PEST CONTROL TECHNICIAN GS04 X179C ASP COMMERCIAL DRIVER LICENSE EXAMINER GS04 X181C COLLECTOR GS04 X182C ASP DRIVERS LICENSE EXAMINER GS04 X189C ASP AFIS TECHNICIAN GS04 X195C ELECTRONICS SECURITY SYSTEMS SENIOR TECH GS04 X212C OAL SECURITY SUPPORT SPECIALIST GS04 X214C OAL CLAIMS ASSISTANT GS04 A095C PSC TAX DIV VALUATION ANALYST GS03 A096C COLLECTION OFFICER GS03 A111C RACING COMMISSION COLLECTOR GS03 B110C VETERINARIAN ASSISTANT GS03 B113C RESEARCH TECHNICIAN GS03 B114C RESEARCH FIELD TECHNICIAN GS03 B129C RACING COMMISSION VETERINARIAN ASSISTANT GS03 C053C MEDICAL RECORDS TECHNICIAN GS03 C058C EDUCATION PARAPROFESSIONAL GS03 C059C DFA SERVICE REPRESENTATIVE GS03 C062C LOCAL OFFICE ADMINISTRATIVE ASSISTANT GS03 C066C PATIENT ACCOUNT SPECIALIST GS03 C067C ADPT WELCOME CENTER ASSISTANT MANAGER GS03 C068C RETAIL SPECIALIST GS03 C069C LIBRARY TECHNICIAN GS03 C070C DUPLICATION ASSISTANT GS03 C073C ADMINISTRATIVE SPECIALIST II GS03 C074C MEDICAL RECORDS ASSISTANT GS03 C099C RACING COMMISSION LICENSING CLERK GS03 C105C OAL RECEPTIONIST GS03 D090C COMPUTER PUBLISHING OPERATOR GS03 D091C COMPUTER LAB TECHNICIAN GS03 E053C AUDIOVISUAL AIDS SUPV GS03 E058C LIBRARY SPECIALIST GS03 L082C CERTIFIED NURSING ASSISTANT GS03 L083C HEALTH SERVICES SPECIALIST I GS03 L092C ATHLETIC TRAINER GS03 M070C YOUTH PROGRAM SPECIALIST GS03 M071C RESIDENTIAL CARE SHIFT COORDINATOR GS03 M074C RESIDENTIAL ADVISOR GS03 M078C VOLUNTEER SERVICES COORDINATOR GS03 M081C RESIDENTIAL CARE SHIFT SUPERVISOR GS03 M084C BEHAV HLTH AIDE GS03 M090C DHS PROGRAM ASSISTANT GS03 P039C INSTITUTIONAL PRINTER GS03 P045C PUBLIC INFORMATION TECHNICIAN GS03 P054C ASST LODGE SALES DIRECTOR GS03 P056C MUSEUM PROGRAM ASSISTANT II GS03 S045C PRINTING ESTIMATOR/PLANNER GS03 S050C MAINTENANCE SPECIALIST GS03 S054C PRINTER GS03 S056C FOOD PREPARATION SUPERVISOR GS03 S057C LANDSCAPE SPECIALIST GS03 S058C EQUIPMENT MECHANIC GS03 S059C LODGE COOK GS03 S063C INNKEEPER SPECIALIST GS03 S064C SKILLED TRADES HELPER GS03 S067C HOUSEKEEPER SUPERVISOR GS03 S076C INSTITUTIONAL BEAUTICIAN GS03 S081C APPRENTICE TRADESMAN GS03 S097C CONSTRUCTION SPECIALIST GS03 S101C PARK SPECIALIST II GS03 S103C ADPT HOUSEKEEPER GS03 T078C MILITARY FIRE & POLICE OFFICER GS03 T081C COMMISSARY MANAGER GS03 T082C ASP EXECUTIVE SECURITY GUARD GS03 T084C PUBLIC SAFETY SECURITY OFFICER GS03 T085C FACILITY MANAGER I GS03 T087C SECURITY OFFICER GS03 V024C ADC PROPERTY OFFICER GS03 V027C INVENTORY CONTROL TECHNICIAN GS03 X126C EMBALMERS & FUNERAL DIR INSPECTOR GS03 X159C BD OF BARBER EXAM INSPECTOR GS03 X161C ASP INVESTIGATOR SPECIALIST GS03 X162C AGRI COMMODITY GRADER II GS03 X164C PLANT BOARD INSPECTOR GS03 X166C FIRE PROT LIC BRD INSPECTOR/INVESTIGATOR GS03 X170C AR TOWING & RECOVERY BD INVESTIGATOR GS03 X171C AGRI COMMODITY SPECIALIST I GS03 X172C TAX INVESTIGATOR GS03 X175C BD OF ACCT CREDENTIALING COORD/EXAM SPEC GS03 X176C BD OF ACCT ADMIN ASST/LICENSING SPEC GS03 X180C INSURANCE LICENSING TECHNICIAN GS03 X183C DWS CLAIMS ADJUDICATOR GS03 X184C OPTICIANS' BOARD SECRETARY TREASURER GS03 X188C FIRE MARSHAL INSPECTOR GS03 X194C ELECTRONICS SECURITY SYSTEMS TECH GS03 X199C RACING COMMISSION JUDGE GS03 B115C AGRI FARM TECHNICIAN GS02 B116C AGRI LABORATORY TECHNICIAN GS02 B130C RACING COMMISSION WALKER GS02 C076C DFA TECHNICIAN GS02 C080C CREDENTIALING ASSISTANT GS02 C082C REGISTRAR'S ASSISTANT GS02 C084C MAIL SERVICES SPECIALIST GS02 C085C LIBRARY SUPPORT ASSISTANT GS02 C086C DESK CLERK GS02 C087C ADMINISTRATIVE SPECIALIST I GS02 C088C MAIL SERVICES ASSISTANT GS02 D092C CALL CENTER SPECIALIST GS02 E056C TEACHER ASSISTANT GS02 E057C AUDIOVISUAL LABORATORY ASSISTANT GS02 L075C ORTHOTIST AIDE GS02 L084C THERAPY AIDE GS02 L085C PHYSICAL THERAPY AIDE GS02 L088C NURSING AIDE/NURSING ASST I GS02 M076C RECREATIONAL ACTIVITY LEADER II GS02 M083C RESIDENTIAL CARE TECHNICIAN GS02 P055C SPECIAL EVENTS SUPERVISOR GS02 P060C MULTI-MEDIA TECHNICIAN GS02 P061C TRAVEL CONSULTANT GS02 P062C ARCHIVAL TECHNICIAN GS02 P064C MUSEUM PROGRAM ASSISTANT I GS02 S060C HEAVY EQUIPMENT OPERATOR GS02 S062C INSTITUTIONAL BUS DRIVER GS02 S066C LANDSCAPE TECHNICIAN GS02 S068C FOOD PREPARATION COORDINATOR GS02 S070C EQUIPMENT TECHNICIAN GS02 S082C CANTEEN SUPERVISOR GS02 S083C BAKER GS02 S084C INSTITUTIONAL SERVICES SUPERVISOR GS02 S085C FOOD PREPARATION SPECIALIST GS02 S088C KITCHEN ASSISTANT GS02 T086C FIRE & SAFETY COORDINATOR GS02 T101C RACING COMMISSION SECURITY GATEMAN GS02 U051U CLAIMS COMMISSIONER GS02 V028C WAREHOUSE WORKER GS02 V030C SHIPPING & RECEIVING CLERK GS02 X178C FINGERPRINT TECHNICIAN GS02 X185C ABSTRACTORS BOARD SECRETARY GENERAL GS02 B112C GREENHOUSE TECHNICIAN GS01 B118C FARM WORKER GS01 B119C LAB ASSISTANT GS01 C078C CASHIER GS01 C089C LIBRARY TECHNICAL ASSISTANT GS01 L086C PHARMACY ASSISTANT GS01 M082C RECREATIONAL ACTIVITY LEADER I GS01 M085C CAREGIVER GS01 M089C RESIDENTIAL CARE ASSISTANT GS01 S065C MAINTENANCE ASSISTANT GS01 S072C STADIUM COMMISSION CUSTODIAN GS01 S073C HOUSEKEEPER GS01 S079C REPROD EQUIPMENT OPERATOR GS01 S080C EQUIPMENT OPERATOR GS01 S086C COOK GS01 S087C INSTITUTIONAL SERVICES ASSISTANT GS01 S089C FOOD PREPARATION TECHNICIAN GS01 S090C WAITRESS/WAITER GS01 S091C PARK AIDE GS01 S100C PARK SPECIALIST I GS01 T091C WATCHMAN GS01 V029C PURCHASING ASSISTANT GS01 V031C STOCK CLERK GS01 X141C DIETETICS LICENSING BOARD SECRETARY GS01

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History. Acts 1993, No. 708, § 1; 1995, No. 966, § 1; 1997, No. 530, § 1; 1997, No. 1174, § 1; 1999, No. 1019, § 2; 2001, No. 1462, § 1; 2003, No. 923, § 1; 2003, No. 1473, § 73; 2005, No. 1852, § 1; 2007, No. 376, § 1; 2009, No. 688, § 6; 2011, No. 1017, § 2; 2013, No. 1321, § 1; 2015, No. 1007, § 2; 2017, No. 365, § 13; 2019, No. 981, § 4.

Publisher's Notes. Former § 21-5-208, concerning classification of positions, was repealed by Acts 1993, No. 708, § 1. The former section was derived from Acts 1969, No. 199, § 4; 1971, No. 750, §§ 2, 3; 1973, No. 873, §§ 3, 4; 1975, No. 932, § 1; 1977, No. 909, § 1; 1979, No. 828, § 2; 1981, No. 650, § 2; 1983, No. 931, §§ 1, 2; 1985, No. 981, § 2; A.S.A. 1947, § 12-3204; Acts 1989, No. 793, § 7; 1991, No. 1148, § 3.

Amendments. The 1999 amendment rewrote this section.

The 2001 amendment redesignated former (a) as present (a)(1) and (a)(2) and added an additional one hundred and two classification titles.

The 2003 amendment by No. 923, as amended by No. 1473, rewrote this section.

The 2005 amendment rewrote this section.

The 2009 amendment deleted “of higher education” following “institutions” in (a)(1), deleted “of the fiscal biennium” following “each year” in (a)(2), and made a minor stylistic change in (a)(1); deleted “of higher education” following “various institutions” in the introductory language of (b), and rewrote the remainder of (b).

The 2011 amendment rewrote (b).

The 2013 amendment rewrote (b).

The 2015 amendment rewrote (b).

The 2017 amendment deleted (a)(2); redesignated former (a)(1) as (a); deleted “and institutions” following “agencies” in present (a); in (b), deleted “and various institutions” following “agencies” and rewrote the table; and added (c).

The 2019 amendment rewrote the table in (b); and, in (c)(2), substituted “2019” for “2017” and “2021” for “2018”.

21-5-209. Compensation plan.

  1. There is established for state agencies covered by this subchapter a compensation plan for the setting of salaries and salary increases, when deserved, of all employees serving in positions covered by this subchapter.
    1. No employee shall be paid at a rate of pay higher than the maximum pay level in the grade assigned to his or her class unless otherwise provided for in this subchapter.
    2. However, an employee presently employed in a position who is being paid at a rate in excess of the maximum for his or her assigned grade may continue to receive his or her rate of pay.
  2. It is the specific intent of the General Assembly to authorize, in the enactment of the compensation plans, rates of pay for each of the appropriate grades assigned to a class, but it is not the intent that any pay increases shall be automatic or that any employee shall have a claim or a right to pay increases unless the department head of the state agency determines that the employee, by experience, ability, and work performance, is eligible for the increase in pay authorized for the appropriate rate.
  3. Pay levels established in this subchapter are for compensation management purposes and are not to be construed as a contract, right, or other expectation of actual employee salary determination.
    1. The following grades and pay levels shall be authorized for the General Salaries pay table effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and General Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency:
    2. The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency:
    3. The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency:
    4. The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency:
  4. It is the intent of the General Assembly that the compensation plans in this section shall be implemented and function in compliance with other provisions in this subchapter, the Regular Salary Procedures and Restrictions Act, § 21-5-101, and other fiscal control laws of this state, when applicable.
    1. Except as provided in subdivision (g)(2) of this section, a payment of salaries shall not be made except in conformity with the maximum pay level assigned to these grades for each year as provided in the appropriation act of the state agency or in this subchapter.
      1. With approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee:
        1. The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and
        2. Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act.
      2. It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided by this subsection.
      3. The requirement of approval by the Legislative Council or the Joint Budget Committee is not a severable part of this section. If the requirement of approval is found unconstitutional by a court of competent jurisdiction, the entire section is void.
  5. The compensation plan and pay tables shall be reviewed by the Office of Personnel Management before each regular session of the General Assembly.

GENERAL SALARIES MW $17,680 $19,760 $21,840 GS1 $22,000 $26,950 $31,900 GS2 $23,335 $28,585 $33,836 GS3 $26,034 $31,892 $37,749 GS4 $29,046 $35,581 $42,117 GS5 $32,405 $39,696 $46,987 GS6 $36,155 $44,290 $52,425 GS7 $40,340 $49,417 $58,493 GS8 $45,010 $55,137 $65,265 GS9 $50,222 $61,522 $72,822 GS10 $56,039 $68,648 $81,257 GS11 $62,531 $76,600 $90,670 GS12 $69,776 $85,476 $101,175 GS13 $77,862 $95,381 $112,900 GS14 $86,887 $106,437 $125,986 GS15 $96,960 $118,776 $140,592

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INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $40,919 $48,434 IT2 $37,266 $45,651 $54,035 IT3 $41,578 $50,933 $60,288 IT4 $46,391 $56,829 $67,267 IT5 $51,762 $63,408 $75,054 IT6 $57,755 $70,750 $83,745 IT7 $64,445 $78,945 $93,445 IT8 $71,704 $87,837 $103,970 IT9 $80,242 $98,297 $116,351 IT10 $89,541 $109,688 $129,835 IT11 $99,920 $122,402 $144,884 IT12 $111,504 $136,592 $161,681

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MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $75,958 $88,058 MP2 $71,403 $85,683 $99,964 MP3 $79,879 $96,654 $113,428 MP4 $89,368 $109,029 $128,690 MP5 $99,991 $122,989 $145,987 MP6 $111,884 $138,736 $165,588 MP7 $125,200 $156,500 $187,800 MP8 $140,109 $176,537 $212,966 MP9 $156,804 $199,140 $241,478 MP10 $175,620 $224,033 $270,455

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SENIOR EXECUTIVE SALARIES SE1 $108,110 $127,655 $147,200 SE2 $120,543 $138,822 $157,100 SE3 $134,406 $150,703 $167,000 SE4 $149,862 $165,681 $181,500 SE5 $167,096 $184,398 $201,700

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History. Acts 1969, No. 199, § 5; 1971, No. 749, § 1; 1973, No. 286, §§ 1, 2; 1974 (1st Ex. Sess.), No. 39, § 1; 1975, No. 932, § 2; 1977, No. 289, § 1; 1979, No. 3, § 1; 1981, No. 19, § 1; 1983, No. 68, § 1; 1985, No. 101, § 1; A.S.A. 1947, §§ 12-3205, 12-3205n; Acts 1989, No. 793, § 8; 1991, No. 452, § 1; 1991, No. 1148, §§ 4, 14; 1993, No. 770, § 1; 1995, No. 992, § 1; 1997, No. 532, § 1; 1999, No. 813, § 1; 2001, No. 1461, § 3; 2003 (1st Ex. Sess.), No. 22, § 1; 2005, No. 2198, § 1; 2007, No. 375, § 1; 2009, No. 688, § 7; 2017, No. 365, § 14.

Amendments. The 2009 amendment substituted “highest pay level established for the employee's grade unless otherwise provided for in this subchapter” for “maximum for his or her grade” in (b)(1); deleted “maximum” preceding “rates of pay” in (c); inserted (d) and redesignated the subsequent subsection accordingly; rewrote (e); and made minor stylistic changes.

The 2017 amendment deleted “and institutions” following “agencies” in (a); in (b)(1), substituted “maximum pay level” for “appropriate rate” and deleted “and no employee shall be paid more than the highest pay level established for the employee's grade” preceding “unless”; deleted “or the institution” following “agency” in (c); rewrote (e); and added (g) and (h).

Case Notes

Salary Increases.

There is nothing in this section or § 21-5-211 that would give rise to a protected property interest in promotions or pay raises; this section merely establishes a compensation plan for state agencies and institutions for the setting of salaries and salary increases where such increases are “deserved, ” and specifically provides that the intent of the section is that no pay increases shall be automatic or that any employee shall have a claim or right thereto unless the department head of the agency or the institution shall determine that the employee, by experience, ability, and work performance, has earned the increase in pay authorized for the appropriate rate. Jones v. Clinton, 974 F. Supp. 712 (E.D. Ark. 1997).

It is of no import that this section and § 21-5-211 may establish a range within which an employee's salary must fall as such a requirement does not give rise to a protected property interest in a salary increase. Jones v. Clinton, 974 F. Supp. 712 (E.D. Ark. 1997).

21-5-210. Implementation of plan — Changes in class specifications.

  1. For the purposes of implementing the uniform employee classification and compensation plan for the respective agencies covered by this subchapter, the General Assembly determines that the class specifications prepared by the Office of Personnel Management in classifying the various positions authorized in the respective appropriation acts shall be the class specifications to be followed in implementing the respective appropriations for all part-time and full-time employees of the respective agencies covered by this subchapter.
  2. Changes in class specifications may be made in whole or in part by the Office of Personnel Management.

History. Acts 1969, No. 199, § 3; 1971, No. 750, § 1; 1973, No. 873, § 2; 1979, No. 828, § 1; 1981, No. 650, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 9; 2001, No. 1461, § 4; 2009, No. 688, § 8; 2017, No. 365, § 15.

Amendments. The 2001 amendment inserted “of the Division of Management Services of the Department of Finance and Administration” following “Personnel management” in (a); and deleted “so long as the changes do not substantially change or alter the original class specifications adopted in this subchapter” following “Legislative Council” in (b).

The 2009 amendment deleted “of higher education” following “institutions” in (a); substituted “and the changes shall be reported on a quarterly basis to the Personnel Committee of the Legislative Council” for “with the review of the Legislative Council” in (b); and made related and minor stylistic changes.

The 2017 amendment, in (a), deleted “or institutions” following the first occurrence of “agencies” and deleted “and institutions” following the second occurrence of “agencies”; and, in (b), substituted “the Office of Personnel Management” for “regulation of the office, and the changes shall be reported on a quarterly basis to the Personnel Subcommittee of the Legislative Council” and made a stylistic change.

21-5-211. Implementation procedure for grade changes — Salary adjustments.

  1. The Office of Personnel Management has administrative responsibility for enforcing compliance by state agencies affected by this subchapter in implementing classification and grade changes.
    1. The Governor may authorize a salary increase up to two percent (2%) each fiscal year if:
      1. The Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that sufficient general revenues become available; and
      2. The salary increase does not result in an employee's compensation exceeding the maximum pay level amount set out for the position.
      1. An employee compensated at the highest pay level rate authorized for his or her classification is eligible to receive the salary increase authorized in this section as a lump-sum payment.
      2. However, the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur, and the payment shall not be construed as exceeding the maximum salary.
    1. If the Chief Fiscal Officer of the State and the secretary determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds.
    2. However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State and the secretary.
    3. Any salary adjustments made by the Chief Fiscal Officer of the State and the secretary in accordance with this subsection shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
  2. All percentage calculations stipulated in this subchapter or any other law affecting salaries of state employees may be rounded to the nearest even-dollar amount by the Office of Personnel Management when making the percentage changes to state employee salaries.

History. Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1974 (1st Ex. Sess.), No. 39, §§ 3, 4; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 10; 1991, No. 1148, §§ 5, 6; 1993, No. 770, §§ 2-4; 1995, No. 992, §§ 2, 3; 1997, No. 532, § 2; 1997, No. 899, § 10; 1999, No. 1019, § 3; 2001, No. 1461, § 5; 2003 (1st Ex. Sess.), No. 22, § 2; 2005, No. 2198, § 2; 2007, No. 375, § 2; 2009, No. 688, § 9; 2011, No. 1017, § 3; 2013, No. 1321, § 2; 2014, No. 285, § 81; 2015, No. 1007, §§ 3-5; 2017, No. 365, § 16; 2019, No. 910, §§ 6125, 6126; 2019, No. 981, § 5.

Amendments. The 1999 amendment rewrote this section.

The 2001 amendment rewrote (b); and added (e).

The 2003 (1st Ex. Sess.) amendment rewrote (b)(1)(A)(i); inserted (b)(1)(A)(iv); deleted (b)(1)(B); redesignated former (b)(1)(C)-(G) as present (b)(1)(B)-(F); deleted “During the 2001-2002 biennium” at the beginning of present (b)(1)(D)(i); and deleted “2001-2003” preceding “biennium” in (b)(1)(D)(ii).

The 2005 amendment rewrote (b)(1)(A)(i).

The 2009 amendment, in (a), deleted “of the Division of Management Services of the Department of Finance and Administration” following “Management” in (a) and made a minor stylistic change; rewrote (b) through (d); and added (e) and (f).

The 2011 amendment substituted “Implementation” for “Implementing” in the section heading; deleted former (b); redesignated former (c) through (f) as present (b) through (e); in (b)(1)(A), substituted “2011” for “2010” and “one and eighty-six hundredths percent (1.86%)” for “two and three-tenths percent (2.3%)”; added (b)(1)(B); substituted “one and eighty-six hundredths percent (1.86%) on July 1, 2011, and the additional salary increase of two and thirty-eight hundredths percent (2.38%) on July 1, 2012” for “two and three-tenths percent (2.3%)” in (b)(2); substituted “one and eighty-six hundredths percent (1.86%) and the July 1, 2012, salary increase of two and thirty-eight hundredths percent (2.38%)” for “two and three-tenths percent (2.3%)” in (b)(4)(A).

The 2013 amendment substituted “2013” for “2011” and substituted “two percent (2%)” for “one and eighty six hundredths percent (1.86%)” throughout the section; inserted “of the Division of Management Services of the Department of Finance and Administration” in (a); deleted (b)(1)(B); deleted “and the additional salary increase of two and thirty-eight hundredths percent (2.38%) on July 1, 2012” in (b)(2); substituted the reference to “21-5-214” for “21-5-214(a)” in (b)(3); and deleted “and the July 1, 2012, salary increase of two and thirty-eight hundredths percent (2.38%)” in (b)(4)(A).

The 2014 amendment redesignated part of (b)(1) as (b)(1)(A); in (b)(1)(A), substituted “July 1, 2014” for “July 1, 2013,” “June 30, 2014” for “June 30, 2013,” and “one percent (1%)” for “two percent (2%)”; added (b)(1)(B); in (b)(2), deleted “additional” preceding “salary” and substituted “authorized by subdivision (b)(1)(A) of this section” for “of two percent (2%) on July 1, 2013”; in (b)(4)(A), substituted “July 1, 2014” for “July 1, 2013” and “one percent (1%)” for “two percent (2%)”; and, in (b)(4)(B), inserted “salary” near the beginning, substituted “2015 fiscal year” for “fiscal year of the year in which the increase is to occur,” and added “of the employee” at the end.

The 2015 amendment, in (b)(1)(A), twice substituted “2015” for “2014”; in (b)(1)(B), substituted “Ninetieth” for “Eighty Ninth,” substituted “the cost of living adjustment authorized by the Governor for all classified employees” for “one percent (1%)” and substituted “2016” for “2015”; in (b)(4)(A), substituted “July 1, 2015” for “July 1, 2014” and deleted “of one percent (1%)” following “increase”; substituted “2016” for “2015” in (b)(4)(B); inserted “including a nonclassified employee” in (c)(1); and deleted “the grade assigned to” preceding “his or her classification” in (c)(2)(A).

The 2017 amendment, in (a), substituted “has” for “shall have” and deleted “and institutions” following “state agencies”; rewrote (b); rewrote the introductory language of (c)(1); in (c)(1)(B), substituted “The salary increase” for “The additional salary increase of two percent (2%)” and deleted “unless the employee is eligible for the career pay level on the career service pay plan as established in § 21-5-214” following “position”; deleted “of two percent (2%)” following “increase” in (c)(2)(A); in (d)(3), deleted “Personnel Subcommittee of the” preceding “Legislative Council” and added “or, if the General Assembly is in session, the Joint Budget Committee” at the end; and substituted “Office of Personnel Management” for “office” in (e).

The 2019 amendment by No. 910 inserted “and the Secretary of the Department of Transformation and Shared Services” in (c)(1)(A) [now (b)(1)(A)] and throughout (d) [now (c)]; and substituted “determine” for “determines” in (c)(1)(A) [now (b)(1)(A)] and (d)(1) [now (c)(1)].

The 2019 amendment by No. 981 deleted (b) and redesignated the remaining subsections accordingly.

Case Notes

Salary Increases.

There is nothing in this section or § 21-5-209 that would give rise to a protected property interest in promotions or pay raises; this section merely establishes an implementation procedure for grade changes and does not grant any entitlement to a salary increase, and repeatedly refers to an employee's “eligibility” for salary adjustments and merit increases based upon satisfactory performance ratings. Jones v. Clinton, 974 F. Supp. 712 (E.D. Ark. 1997).

It is of no import that this section and § 21-5-209 may establish a range within which an employee's salary must fall as such a requirement does not give rise to a protected property interest in a salary increase. Jones v. Clinton, 974 F. Supp. 712 (E.D. Ark. 1997).

21-5-212. [Repealed.]

Publisher's Notes. This section, concerning rehired or transferred employees, was repealed by Acts 2017, No. 365, § 17. The section was derived from Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 11; 1991, No. 1148, § 7; 2009, No. 688, § 10.

21-5-213. [Repealed.]

Publisher's Notes. This section, concerning employees working late shifts, was repealed by Acts 2011, No. 1017, § 4. The section was derived from Acts 1969, No. 199, § 7; 1969, No. 663, § 1; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 5; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 12; 2001, No. 1461, § 6.

21-5-214. New appointments and other compensation plan provisions.

  1. A new appointment to a position in a state agency covered by this subchapter shall be paid at the entry pay level for the grade assigned to the classification unless otherwise authorized by law.
  2. Special rates of pay may be established for either classifications or positions for the following reasons:
    1. Prevailing labor market conditions;
    2. An extraordinarily well-qualified candidate;
    3. The need to retain trained, competent employees;
    4. An employee assigned additional duties as a result of the elimination of a position by a state agency; or
    5. To meet the requirements of state or federal laws.
    1. A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Secretary of the Department of Transformation and Shared Services.
    2. A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the secretary after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    3. The Office of Personnel Management shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay.
    4. The office shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.
    1. A special rate of pay may be established for an exceptionally well-qualified applicant whose educational background or experience qualifies the applicant to perform the job with little or substantially less orientation and training than would be required for another qualified applicant.
      1. An agency director may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the entry pay level for the grade assigned to the classification and shall report all actions under the office’s procedures.
      2. The office may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to thirty percent (30%) above the entry pay level for the grade assigned to the classification.
      3. The office may approve a special rate of pay pursuant to subdivision (d)(1) of this section above thirty percent (30%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    2. The office shall file a report of special rates of pay established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.
    1. An agency director may approve special rates of pay to retain a trained, competent employee or due to the assignment of additional duties as a result of the elimination of positions by the state agency, subject to the following:
      1. The assignment of additional duties shall be permanent and beyond the scope of work currently being performed by the employee;
      2. The same employee may not receive a special rate of pay pursuant to this subdivision (e)(1) more than one (1) time during a biennium;
      3. An increase for an agency director pursuant to this subdivision (e)(1) shall be initiated and approved by the Governor; and
      4. All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the state agency to the office, and increases above ten percent (10%) shall be approved by the office.
    2. The office shall file a report of all salary increases established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval for review.
      1. An employee who is promoted shall receive a salary increase up to ten percent (10%).
      2. However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification.
    1. An employee who upon promotion is receiving a rate of pay below the entry pay level established for the new grade shall be adjusted to the entry pay level for that grade.
    2. An employee who returns to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification is eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower-graded classification.
      1. Upon demotion, an employee's pay shall be decreased by up to ten percent (10%).
      2. However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification.
    1. If the employee's salary falls below the lowest entry pay level of the new grade upon demotion, his or her salary shall be adjusted to the entry pay level for the grade.
    1. If an employee accepts a new position that is a transfer, the employee may receive a change in pay, as follows:
      1. If the employee's salary falls below the entry pay level of the new grade, then his or her salary shall be adjusted to the entry pay level for the grade; or
      2. If a special rate of pay has been established pursuant to this section.
    2. A transferring employee's rate of pay shall not exceed the maximum pay level of the grade assigned to the new position, unless otherwise authorized.
  3. An employee whose salary would be above the maximum salary level of the new grade after being placed in a lower-graded position on the same pay table because the original position has expired due to lack of funding, program changes, reorganization, or withdrawal of federal grant funds may continue to be paid at the same rate as the employee was being paid in the higher-graded position upon approval of the office after seeking the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
  4. If an employee who has been terminated for more than thirty (30) working days returns to state service, the state agency may offer up to the employee's last rate of pay not to exceed the maximum pay level established for the grade.
  5. Upon transfer of employment between state agencies, an employee is to receive a lump-sum payment from the original state agency for any overtime that has been accrued and not been paid and for any compensatory time accrued that has not been used at the higher rate of either the:
    1. Average regular rate of pay received by the employee during the last three (3) years of his or her employment; or
    2. Final regular rate of pay received by the employee.
  6. Any special rate of pay established under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency.
    1. A special rate of pay is subject to the state agency's ability to certify funding for a special rate of pay established under this section.
    2. A state agency shall not use merit adjustment funds for a special rate of pay established under this section.
  7. The secretary or the Governor may suspend discretionary special salary actions.

History. Acts 1969, No. 199, § 7; 1969, No. 663, § 1; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 6; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 13; 1991, No. 1148, §§ 8-11; 1995, No. 992, § 4; 2001, No. 963, § 1; 2001, No. 1461, § 7; 2005, No. 2198, § 3; 2009, No. 688, § 11; 2011, No. 1017, § 5; 2013, No. 1321, § 3; 2017, No. 365, § 18; 2019, No. 910, §§ 6127-6130.

Amendments. The 2001 amendment by Nos. 963 and 1461 rewrote (1) and (2).

The 2005 amendment added present (4); and redesignated former (4) and (5) as present (5) and (6).

The 2009 amendment rewrote the section and added “and other compensation plan provisions” to the section heading.

The 2011 amendment deleted “on the professional and executive pay plan or” following “more grades” in (f)(1)(B).

The 2013 amendment deleted (a)(1) through (a)(3) at the beginning of the section and redesignated the remaining subdivisions accordingly; inserted “of 1938” preceding “29 U.S.C. § 201 et seq.” in (a)(1)(A)(iv); substituted “Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration” for “office” in present (a)(1)(B)(iii); and changed references to subdivisions to reflect redesignations throughout the section.

The 2017 amendment rewrote the section.

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (c)(1), (c)(2), and (n); substituted “who is promoted” for “promoted on or after July 1, 2017” in (f)(1)(A); and, in (i), substituted “whose salary would be above the maximum salary level of the new grade after being” for “who is”, and inserted “reorganization”.

21-5-215. [Repealed.]

Publisher's Notes. This section, concerning certified public school employees, was repealed by Acts 1991, No. 1148, § 12. The section was derived from Acts 1969, No. 199, § 5; 1983, No. 671, § 1; A.S.A. 1947, § 12-3205; Acts 1989, No. 793, § 14.

21-5-216. [Repealed.]

Publisher's Notes. This section, concerning Step 8 eligibility, was repealed by Acts 1993, No. 708, § 2. The section was derived from Acts 1977, No. 909, § 3; A.S.A. 1947, § 12-3204.3; Acts 1989, No. 793, § 15.

21-5-217. [Repealed.]

Publisher's Notes. This section, concerning the employment of Public Information Officers, was repealed by Acts 1991, No. 1148, § 12. The section was derived from Acts 1977, No. 909, § 4; A.S.A. 1947, § 12-3204.4; Acts 1989, No. 793, § 16.

21-5-218. Reimbursement for interpreter services for deaf.

Whereas Arkansas Rehabilitation Services currently purchases and sells staff interpreter services for the deaf with four (4) other agencies, the University of Arkansas at Fayetteville, the University of Arkansas at Little Rock, the Arkansas School for the Deaf, and the Administrative Office of the Courts and whereas the need for interpreters is immediate and often for crisis purposes and cannot be planned ahead, the Division of Workforce Services is authorized to arrange for reimbursement with those agencies, assuring that the amount paid from both agencies will not exceed the maximum for the grades they occupy consistent with the intent of § 19-4-1604, with notification and justification to the Secretary of the Department of Transformation and Shared Services.

History. Acts 1989 (1st Ex. Sess.), No. 202, § 9; 2019, No. 910, § 569.

A.C.R.C. Notes. Former § 21-5-218, concerning reimbursement for interpreter services for the deaf, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 1050, § 10.

Amendments. The 2019 amendment substituted “Arkansas Rehabilitation Services” for “the Arkansas Rehabilitation Services of the Department of Career Education”; substituted “Division of Workforce Services” for “Department of Career Education”; and substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State”.

Cross References. Court interpreters, § 16-10-1101 et seq.

21-5-219. [Repealed.]

Publisher's Notes. This section, concerning nonclassified employees, was repealed by Acts 2015, No. 1007, § 6. This section was derived from Acts 1997, No. 532, § 3; 1999, No. 1019, § 4; 2001, No. 1461, § 11; 2003 (1st Ex. Sess.), No. 22, § 3; 2009, No. 688, § 12; 2011, No. 1017, § 6.

21-5-220. Shift differential.

    1. Upon the approval of the Office of Personnel Management, an employee whose working hours do not conform to normal state business hours shall be eligible for additional compensation up to twelve percent (12%) of the hourly rate for which he or she is eligible under this subchapter as a shift differential if:
      1. The state agency routinely schedules more than one (1) work shift per day;
      2. The shift to which the employee is assigned is a full work shift; and
      3. The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis.
    2. An employee assigned to an evening shift shall not receive additional compensation that exceeds six percent (6%) above that for which he or she is eligible under this subchapter.
    3. An employee assigned to a night shift shall not receive additional compensation that exceeds twelve percent (12%) above that for which he or she is eligible under this subchapter.
      1. An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter.
      2. In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.
      1. A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.
      2. A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.
    1. Designated weekend hours begin no earlier than 2:30 p.m. on Friday and end no later than 8:00 a.m. on the following Monday.
    1. If a facility uses shifts other than traditional eight-hour shifts, a shift differential may be paid for those shifts exceeding the normal day shift of the facility.
    2. If shift and weekend differentials are provided to an employee, the total compensation may exceed the maximum annual rate for the assigned pay grade for those positions included in this subchapter.
      1. The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift.
      2. The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services.
      3. Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Secretary of the Department of Transformation and Shared Services.
  1. An employee who is receiving additional compensation under this section and then is reassigned to a normal shift shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter.
  2. The Office of Personnel Management shall report all shift differential approvals to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

History. Acts 2009, No. 688, § 13; 2011, No. 1017, § 7; 2017, No. 365, § 19; 2019, No. 910, § 6131.

Amendments. The 2011 amendment added “work shift; and” in (a)(1)(B); deleted (a)(1)(B)(i) and (ii); substituted “shall” for “may” in (a)(2) and (3); and substituted “Subcommittee” for “Committee” in (e).

The 2017 amendment substituted “The state agency” for “The agency or institution” in (a)(1)(A); redesignated former (b)(1) as (b)(1)(A) and added (b)(1)(B); substituted “The state agency” for “The agency or institution” in (c)(3)(A); substituted “Office of Personnel Management” for “office” in (c)(3)(B); inserted “be submitted to the Office of Personnel Management and” in (c)(3)(C); and, in (e), substituted “The Office of Personnel Management” for “The office”, deleted “Personnel Subcommittee of” preceding “the Legislative Council”, and added “or, if the General Assembly is in session, the Joint Budget Committee”.

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (c)(3)(B) and (c)(3)(C).

21-5-221. Compensation differentials.

  1. To address specific employee compensation needs not otherwise provided for in this subchapter, a state agency may pay additional compensation for current employees in specific positions or for classifications of positions assigned to a compensation plan authorized by the General Assembly for one (1) or more compensation differentials.
    1. Authorization for one (1) or more compensation differentials may be approved if the:
      1. State agency has documented the need for a compensation differential for specified positions or classifications;
      2. State agency submits to the Office of Personnel Management a plan of the terms and conditions for eligibility that must directly address the needs of the targeted positions or classifications for any requested compensation differential;
      3. Cost of implementing and maintaining a compensation differential is within the state agency's existing appropriation and shall not be implemented using funds specifically set aside for other programs within the state agency; and
      4. Compensation differential plan has been approved by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    2. Any compensation differential authorized under this section shall be renewed each fiscal year.
    3. The cumulative total of any compensation differentials paid to an employee shall not exceed twenty-five percent (25%) of the employee's base salary.
    1. Hazardous duty differential of up to ten percent (10%) may be authorized for the increased risk of personal physical injury for an employee occupying a certain identified high-risk position if the:
      1. Position classification is determined to be physically hazardous or dangerous due to location, facility, services provided, or other factors directly related to the duty assignment of the positions; and
      2. Employee's regularly assigned work schedule exposes him or her to clear, direct, and unavoidable hazards during at least fifty percent (50%) of the work time and the employee is not compensated for the hazardous exposure.
      1. The director of the requesting state agency shall identify the facility or unit, location, and eligible positions and classifications within the facility or unit that are identified as high-risk.
      2. The positions shall be certified by the state agency director as having been assigned to a work environment that poses an increased risk of personal injury and shall be submitted as part of the plan for payment of hazardous duty differential to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State after review and approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
      3. Subsequent changes to the facility or unit, location, and eligible positions or classifications within the facility or unit on file with the Office of Personnel Management shall receive prior approval by the Secretary of the Department of Transformation and Shared Services after review and approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
  2. It is the intent of this subsection that hazardous duty compensation shall be at the discretion of the Secretary of the Department of Transformation and Shared Services and the director of the state agency and shall not be implemented using funds specifically set aside for other programs within the state agency.
  3. An additional ten percent (10%), but not to exceed a total of twelve percent (12%), hazardous duty differential may be authorized for employees occupying positions assigned to a maximum security unit or facility if the regularly assigned work schedules expose employees at least eighty-five percent (85%) of the work time to clear, direct, and unavoidable hazards from clients, inmates, or patients who are in units or facilities that are classified as maximum security.
  4. An employee who is receiving additional compensation for hazardous duty and then is reassigned to normal duty shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter.
    1. A professional certification differential of up to ten percent (10%) for job-related professional certifications for individual positions or for specific classifications within a state agency may be authorized if the certification is:
      1. From a recognized professional certifying organization and is determined to be directly related to the predominant purpose and use of the position or classification; and
      2. Not included as a minimum qualification established or as a special requirement for the classification by the official class specification.
      1. A professional certification differential may be paid only while the certification is current and maintained by the employee and while employed in a position or classification covered by the plan.
      2. Documentation of continuation or renewal of the certification of the employee is required for continuation of the certification differential.
  5. An education differential of up to ten percent (10%) for job-related education for individual positions or for specific classifications within a state agency may be authorized if:
    1. Attainment of additional education is from an accredited institution of higher education, documented by official transcript, certificate, or degree award, and directly related to the predominant purpose and use of the position or classification; and
    2. The education to be compensated is not included as a special requirement or minimum qualification established for the classification by the official class specification.
  6. A geographic area differential of up to ten percent (10%) may be authorized to address the documented inability to recruit and retain certain employees in a specific geographic area of the state if the additional geographic area differential is based on documented recruitment, turnover, or other competitive pay issue in a specific geographic area but that does not justify a statewide labor market special entry rate.
    1. A second-language differential of up to ten percent (10%) may be authorized for an employee who has the demonstrated ability and skill to communicate in a language other than English, including American Sign Language, and that skill is determined by the state agency to be directly related to the effective performance of the job duties for the position occupied by the employee.
    2. An employee who receives additional compensation under this section and who moves into a position that does not need the skill to communicate in a language other than English shall revert on the effective date of the change to the rate of pay that the employee would otherwise receive.
    1. On-call duty or standby-duty differential may be authorized for an employee whose job requires him or her to provide services on nights, weekends, or holidays or other situations when the state agency does not have regularly scheduled staff coverage.
    2. On-call duty or standby-duty differential is to be used for officially scheduled duty outside regular work hours during which an employee is required to be accessible by telephone, pager, or other means and must return to the designated work site upon notification of need within a specified response time.
      1. An employee who is required to be available for duty on nights, weekends, and holidays will be eligible to receive on-call or standby-duty pay equivalent of an hourly rate not to exceed twenty percent (20%) of his or her base hourly pay rate for each on-call or standby hour for not more than forty-eight (48) hours during any seven-day work period.
        1. Compensation shall not be paid to any employee required to be on-call and standby who fails to respond after the second notification that his or her services are needed.
        2. If the equipment or paging device malfunctions, the penalty shall not apply.
        1. An employee on on-call or standby duty who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay with a minimum of two (2) hours for each call back.
        2. The employee shall not be paid on-call or standby pay for hours actually worked during a call back.
  7. If granting additional compensation would have the effect of exceeding the maximum pay level for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.
  8. Other compensation differentials may be administered by the Office of Personnel Management after:
    1. Approval by the State Personnel Administrator; and
    2. Review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

History. Acts 2009, No. 688, § 13; 2013, No. 1321, § 4; 2017, No. 365, § 20; 2019, No. 910, §§ 6132, 6133.

A.C.R.C. Notes. Acts 2016, No. 231, § 43, provided: “ON-CALL COMPENSATION. On-call duty or standby duty differential may be authorized for a Classified or Non-Classified patient care employee whose job requires him or her to provide services when there is no regularly scheduled staff coverage. An employee shall not exceed 128 hours during any seven-day period, at rates of pay not to exceed those provided in the Uniform Classification and Compensation Act, or its successor, or this act for the appropriate compensation.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2013 amendment deleted former (d), (f), (l)(2), (m)(3)(D), inserted present (l) and redesignated the remaining subdivisions accordingly; and inserted “of the Division of Management Services of the Department of Finance and Administration” following “Personnel Management” in (b)(1)(D).

The 2017 amendment substituted “state agency” for “state agency or institution” and for “agency or institution” and made similar changes throughout the section; substituted “Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “Personnel Subcommittee of the Legislative Council” throughout the section; inserted “to the Office of Personnel Management” in (b)(1)(B); substituted “ten percent (10%)” for “six percent (6%)” in (c)(1), (e), (g)(1), (h), and (i); substituted “Office of Personnel Management” for “office” in (c)(2)(B); deleted “or the career” preceding “pay level” in (l); added (m); and made stylistic changes.

The 2019 amendment inserted “the Secretary of the Department of Transformation and Shared Services in consultation with” in (c)(2)(B); and substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (c)(2)(C) and (d).

21-5-222. Salary administration grids.

    1. A state agency may request that a salary administration grid be approved for specific classifications or positions if the:
      1. State agency has documented the need for a salary administration grid for specified positions or classifications;
      2. Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions;
      3. Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency;
      4. Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services up to the midpoint pay level; and
        1. Salary administration grid has been submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services above the midpoint pay level.
        2. The Secretary of the Department of Transformation and Shared Services shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
      1. Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only.
      2. An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position.
      3. A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification.
      4. Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency.
      5. A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis.
    2. An approved grid may be amended only upon approval by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    3. Compensation differentials that are included in a state agency's grid plan shall not exceed rates provided in § 21-5-221.
    1. A monthly report shall be made to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, describing all personnel transactions involving applications of this section.
    2. The hiring of a new employee under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency.
    3. The Office of Personnel Management shall establish policies and procedures regarding the implementation and use of a salary administration grid with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
  1. The salary administration grids created under this section shall be reauthorized each biennium by the State Personnel Administrator after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

History. Acts 2009, No. 688, § 13; 2017, No. 365, § 21; 2019, No. 910, § 6134.

Amendments. The 2017 amendment substituted “state agency” for “state agency or institution” and for “agency or institution” and made similar changes throughout the section; substituted “Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “Personnel Subcommittee of the Legislative Council” throughout the section; substituted “Office of Personnel Management” for “office” in (a)(3) and (b)(3); substituted “or positions” for “of positions assigned to the career service compensation plan” in the introductory language of (a)(1); rewrote (a)(1)(D); added (a)(1)(E); deleted “the classification of a career service position” following “assigned” in (a)(2)(A); substituted “establish policies and procedures” for “promulgate rules” in (b)(3); added (c); and made stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (a)(1)(D) and twice in (a)(1)(E).

21-5-223. Severance pay.

    1. If the agency director determines that it is necessary to implement the state workforce reduction policy due to state agency organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the state agency, or the loss of federal funding, grants, or other special funds, the agency director, upon approval by the Secretary of the Department of Transformation and Shared Services, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified and nonclassified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period:
    2. The severance payments under subdivision (a)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.
    3. The severance payments under subdivision (a)(1) of this section shall not be construed as exceeding the maximum salary.
    4. The agency director shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    1. If the head of an institution of higher education determines that it is necessary to implement the state workforce reduction policy due to institution organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the institution, or the loss of federal funding, grants, or other special funds, the head of the institution, upon approval by the Director of the Division of Higher Education, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period:
    2. The severance payments under subdivision (b)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.
    3. The severance payments under subdivision (b)(1) of this section shall not be construed as exceeding the maximum salary.
    4. The head of the institution shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Click to view table.

Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Click to view table.

History. Acts 2009, No. 688, § 13; 2017, No. 599, § 3; 2019, No. 910, §§ 2310, 6135.

Amendments. The 2017 amendment redesignated former (a) through (d) as (a)(1) through (a)(4); in (a)(1), substituted “agency director” for “agency or institution director” twice, substituted “state agency” for “agency or institution”, and inserted “state” preceding “agency, or the”; substituted “The severance payments under subdivision (a)(1) of this section” for “These payments” in (a)(2); inserted “under subdivision (a)(1) of this section” in (a)(3); in (a)(4), deleted “or institution” following “agency” and substituted “Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “Personnel Subcommittee of the Legislative Council”; and added present (b).

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in the introductory language of (a)(1); and substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (b)(1).

21-5-224. Extra help positions.

    1. A position authorized as extra help in a state agency shall be assigned an authorized classification by the agency, and any person hired in an extra help position shall meet the minimum qualifications and any other requirements set by the official class specification of the classification assigned to the position.
    2. The rates of pay for extra help employees shall be set in accordance with and shall not exceed those provided in this subchapter, or its successor, for the appropriate classification.
    3. Extra help employees of state agencies shall not exceed one thousand five hundred (1,500) hours per fiscal year as set out in § 19-4-521.
  1. The salary eligibility for an employee transferring or returning from an extra help position to a regular position shall be determined in the same manner as established for newly hired employees.
  2. A former employee from a state agency, board, or commission who is rehired in an extra-help position is ineligible for benefits except holiday pay and as authorized by the Office of Personnel Management.

History. Acts 2009, No. 688, § 13; 2011, No. 1017, § 8; 2013, No. 1321, § 5; 2017, No. 365, § 22.

Amendments. The 2011 amendment inserted “classification or a professional and executive” in (a)(1).

The 2013 amendment substituted “21-5-214” for “21-5-214(a)(1)” in (b)(4).

The 2017 amendment, in (a)(1), substituted “a state agency” for “an agency or institution” and “classification by the agency” for “career service classification or a professional and executive classification by the agency or institution”; in (a)(3), substituted “state agencies shall not” for “agencies may not” and “one thousand five hundred (1,500)” for “one thousand (1,000)”; deleted (a)(4); substituted “determined in the same manner as established for newly hired employees” for “established at the minimum entrance rate of pay for the grade of the assigned classification with the following exceptions” in the former introductory language of (b); deleted (b)(1) through (b)(4); and, in (c), deleted “institution” following “agency” and added “and as authorized by the Office of Personnel Management”.

21-5-225. Position pools.

    1. There is established a pool of one thousand (1,000) positions assigned to the Office of Personnel Management to be used to reclassify positions in state agencies to the proper classification and grade if the state agency does not have a vacant position available with the appropriate classification and grade.
    2. To obtain a position from the pool, a state agency shall surrender to the pool the position being reclassified.
    3. The Office of Personnel Management shall review all requests and may grant approval of the reclassification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    1. The Office of Personnel Management shall establish and maintain a central growth pool of two hundred (200) positions to be used to establish additional positions in state agencies of the proper classification and grade when the state agency does not have sufficient positions available with the appropriate classification and grade to meet a state agency's mandated responsibilities.
    2. Central growth pool positions are to be used by the state agencies if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.
    3. The state agency shall provide justification to the Office of Personnel Management for the need to allocate positions from the central growth pool.
    4. Titles shall not be assigned to the state agency from the central growth pool until specific positions are requested by the state agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    5. If the new classifications are necessary for any of these additional positions, the Office of Personnel Management may assign the appropriate title and grade after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    6. If a state agency requests any central growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the state agency's subsequent fiscal year budget request.
    1. The Office of Personnel Management shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in state agencies of the proper classification and grade if the state agency does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes in state agency administration.
    2. Temporary transition pool positions are to be used by state agencies only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.
    3. A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee.
    4. No position shall be authorized to the state agency from the temporary transition pool until the specific positions are requested by the agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
    5. Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended.
  1. A pool position received under this section is subject to the state agency's ability to certify funding.
    1. The Office of Personnel Management shall establish and maintain a growth pool of ten (10) positions to be used to establish additional positions by:
      1. Elected constitutional officers of this state;
      2. The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;
      3. Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;
      4. The Arkansas Department of Transportation;
      5. Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government; and
      6. The Arkansas State Game and Fish Commission.
      1. If one of the entities provided in subdivision (e)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
      2. The entities provided in subdivision (e)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
      3. If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade.
    2. If an agency requests an approved growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the agency's subsequent fiscal year budget request.

History. Acts 2009, No. 688, § 13; 2011, No. 1017, § 9; 2017, No. 365, § 23.

Amendments. The 2011 amendment repealed former (d).

The 2017 amendment substituted “state agency” for “state agency or institution” and for “agency” and made similar changes throughout the section; substituted “Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “Personnel Subcommittee of the Legislative Council” throughout the section; substituted “Office of Personnel Management” for “office” in present (a)(3) and throughout the rest of the section; in (a)(1), substituted “one thousand (1,000) positions” for “two hundred fifty (250) career service positions at grade C130 and one hundred fifty (150) professional and executive positions at grade N922”; deleted former (a)(2) and (a)(5), and redesignated the remaining subdivisions accordingly; in (b)(1), substituted “two hundred (200) positions” for “two hundred (200) career service positions at grade C130 and one hundred (100) professional and executive positions at grade N922”; deleted former (b)(3), and redesignated the remaining subdivisions accordingly; in (c)(1), substituted “fifty (50) positions” for “twenty-five (25) career service positions at grade C130 and twenty-five (25) professional and executive positions at grade N922”; rewrote (c)(3); added (d) and (e); and made stylistic changes.

Subchapter 3 — Supplemental Personal Services

21-5-301 — 21-5-310. [Repealed.]

Publisher's Notes. This subchapter, concerning supplemental personal services, was repealed by Acts 2011, No. 1116, § 1. The subchapter was derived from the following sources:

21-5-301. Acts 1977, No. 673, § 5; 1981, No. 741, § 5; A.S.A. 1947, § 12-3209n.

21-5-302. Acts 1977, No. 673, § 1; A.S.A. 1947, § 12-3209.

21-5-303. Acts 1977, No. 673, § 7; A.S.A. 1947, § 12-3209n.

21-5-304. Acts 1977, No. 673, § 3; A.S.A. 1947, § 12-3209n.

21-5-305. Acts 1977, No. 673, § 1; A.S.A. 1947, § 12-3209n.

21-5-306. Acts 1977, No. 673, § 5; 1981, No. 741, § 5; A.S.A. 1947, § 12-3209n.

21-5-307. Acts 1977, No. 673, § 2; A.S.A. 1947, § 12-3209n.

21-5-308. Acts 1977, No. 673, § 3; A.S.A. 1947, § 12-3209n.

21-5-309. Acts 1977, No. 673, § 4; A.S.A. 1947, § 12-3209n.

21-5-310. Acts 1977, No. 673, § 6; 1981, No. 741, § 6; A.S.A. 1947, § 12-3209n; Acts 2009, No. 962, § 41.

Subchapter 4 — State and Public School Life and Health Insurance Board

A.C.R.C. Notes. Acts 1991, No. 867, § 1, provided:

“The Governor may, by executive order, transfer the State Employees Insurance Section of the Department of Finance and Administration to the State Insurance Department at such time as he determines it to be in the best interest of the State Employees Insurance Program.”

Acts 1995, No. 1206, § 9, provided:

“The State Employees Insurance Advisory Committee created by Arkansas Code 21-5-401 is abolished effective July 1, 1995. Arkansas Code 21-5-402, 21-5-403, 21-5-404, 21-5-405, 21-5-406, 21-5-407, 21-5-408, 21-5-409 are repealed. All rights, powers and duties of that Committee are transferred to the board created under the provisions of this act. The Public School Insurance Advisory Committee created by Arkansas Code 6-17-1102 is abolished effective July 1, 1995. Arkansas Code 6-17-1101, 6-17-1103, 6-17-1104, 6-17-1105, 6-17-1106, 6-17-1107, 6-17-1108 and 6-17-1110 are repealed. All rights, powers and duties of that Committee are transferred to the board created under the provisions of this act. Any funding or contracts now in force or authorized by the 1995 Regular Session of the General Assembly shall be carried forward to the Arkansas State Employees/Public School Personnel Board until the expiration of the contracts.”

Acts 2011, No. 855, § 1, provided:

“Legislative Findings.

“The General Assembly finds that:

“(1) Morbid obesity causes many medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke;

“(2) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious, effective medical treatment;

“(3) Guidelines developed by the National Institutes of Health, the American Society for Bariatric Surgery, the American Obesity Association, and Shape Up America and embraced by the American Medical Association and the American College of Surgeons recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and

“(4) The diagnosis and treatment of morbid obesity should be a clinical decision made by a physician based on evidence-based guidelines.”

Acts 2011, No. 855, § 2, provided:

“Definitions. As used in this subchapter:

“(1) ‘Body mass index’ means body weight in kilograms divided by height in meters squared; and

“(2)(A) ‘Morbid obesity’ means a weight that is at least two (2) times the ideal weight for frame, age, height, and gender of an individual as determined by an examining physician.

“(B) Morbid obesity may be measured as a body mass index:

“(i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or

“(ii) Greater than forty (40) kilograms per meter squared (40 kg/m2).”

Acts 2011, No. 855, § 3, as amended by identical Acts 2014 (2nd Ex. Sess.), Nos. 3 and 6, § 10, and as amended by Acts 2017, No. 927, § 1, provided:

“Pilot Program on coverage for morbid obesity diagnosis and treatment.

“(a)(1)(A) A state and public school employees health benefit plan that is offered, issued, or renewed on or after January 1, 2012, shall offer coverage for the diagnosis and treatment of morbid obesity.

“(B) The cost of coverage for the diagnosis and treatment of morbid obesity offered under subdivision (a)(1)(A) of this section shall not exceed:

“(i) Three million dollars ($3,000,000) annually for the Arkansas State Employees Health Benefit Plan; or

“(ii) Three million dollars ($3,000,000) annually for the Arkansas Public school Employees Health Benefit Plan.

“(2) The coverage for morbid obesity offered under subdivision (a)(1) of this section includes without limitation coverage for bariatric surgery including:

“(A) Gastric bypass surgery;

“(B) Adjustable gastric banding surgery;

“(C) Sleeve gastrectomy surgery; and

“(D) Duodenal switch biliopancreatic diversion.

“(b) The coverage for morbid obesity diagnosis and treatment offered under this section does not diminish or limit benefits otherwise allowable under a state and public school employees health benefit plan.

“(c) The State and Public School Life and Health Insurance Board may discontinue or suspend a plan option offered under subsection (a) of this section if the board determines adjustments are necessary to ensure the financial soundness and overall well-being of the State and Public School Life and Health Insurance Program.”

Acts 2011, No. 855, § 4, provided: “Rules. The State and Public School Life and Health Insurance Board shall adopt rules to implement this subchapter.”

Acts 2011, No. 855, § 5, as amended by Acts 2017, No. 927, § 2, provided: “This act shall become null and void and cease to have any effect on and after midnight on December 31, 2021.”

Identical Acts 2013 (1st Ex. Sess.), Nos. 3 and 6, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) The health insurance program provided by the State and Public School Life and Health Insurance Board for public school employees and public school employee retirees is in a state of crisis;

“(2) Since 2005 the General Assembly has authorized supplemental funding for the Department of Education to send to the Employee Benefits Division of the Department of Finance and Administration for the purpose of offsetting premium increases for public school employees without implementing long term systemic and structural reforms;

“(3) In addition to the need for short-term action by the General Assembly to avert the impending premium increases for public school employees and public school employees, the General Assembly must take an active role in crafting a long-term solution to ensure the stability of the State and Public School Life and Health Insurance Program;

“(4) The composition of the board should be diverse and reflect the racial, ethnic, and gender demographics of the state to ensure that multiple viewpoints are involved in board actions that impact state employees, state employee retirees, public school employees, and public school employee retirees;

“(5) The board has failed to fulfill their mission and provide a stable and actuarially sound system of health insurance benefits for public school employees by:

“(A) Failing to make the adjustments necessary to health plan options for public school employees that would prevent significant premium increases, resulting in burdensome costs to both public school employees and taxpayers; and

“(B) Refusing to acknowledge that parity between insurance programs for state employees and public school employees is a goal, not a mandate, resulting in unnecessary costs to both public school employees and taxpayers and exacerbating the instability of the program; and

“(6) The failure of the board has resulted in the need for the General Assembly to inject additional money into the program to maintain the integrity of the program by offsetting premium increases for public school employees, which allowed the program to maintain participation levels.

“(b) It is the intent of the General Assembly that:

“(1) Any additional funding provided for public school employee health insurance during this special session be considered a one-time infusion of money, not a permanent funding source;

“(2) Funding will revert to the current level unless there is meaningful reform and restructuring of the program that restores permanent stability and actuarial soundness;

“(3) The General Assembly, through the State and Public School Life and Health Insurance Program Legislative Task Force, study, develop, and recommend fundamental restructuring of the program, including without limitation the:

“(A) Governance of the program;

“(B) Management of the program; and

“(C) Goals of the program; and

“(4) While the task force is conducting the study, the General Assembly, through the Joint Performance Review Committee, the Senate Committee on Revenue and Taxation and the House Committee on Revenue and Taxation, shall continue to provide oversight of the board, including without limitation board activities and decisions.”

Identical Acts 2013 (1st Ex. Sess.), Nos. 3 and 6, § 3, as amended by Acts 2015, No. 912, § 2, and as amended by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 91, provided: “State and Public School Life and Health Insurance Program Legislative Task Force — Creation — Membership — Duties.

“(a) There is created the State and Public School Life and Health Insurance Program Legislative Task Force.

“(b)(1) The task force shall consist of the following twelve (12) members:

“(A) The Chair of the House Committee on Education or the chair's designee;

“(B) The Chair of the Senate Committee on Education or the chair's designee;

“(C) The Chair of the House Committee on Insurance and Commerce or the chair's designee;

“(D) The Chair of the Senate Committee on Insurance and Commerce or the chair's designee;

“(E) Four (4) senators appointed by the President Pro Tempore of the Senate; and

“(F) Four (4) members of the House of Representatives appointed by the Speaker of the House of Representatives.

“(2) If a vacancy occurs on the task force, the vacancy shall be filled by the same process as the original appointment.

“(3) Legislative members of the task force shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

“(c)(1) The Chair of the Senate Committee on Education or the chair's designee shall call the first meeting of the task force within thirty (30) days of the effective date of this act and shall serve as chair of the task force at the first meeting.

“(2) At the first meeting of the task force, the members of the task force shall elect from its membership a chair and other officers as needed for the transaction of its business.

“(3)(A) The task force shall conduct its meetings in Pulaski County at the State Capitol Building or another site with teleconferencing capabilities.

“(B) Meetings of the task force shall be held at least one (1) time every two (2) months but may occur more often at the call of the chair.

“(4) The task force shall establish rules and procedures for conducting its business.

“(5)(A) A majority of the members of the task force shall constitute a quorum for transacting business of the task force.

“(B) No action may be taken by the task force except by a majority vote at a meeting at which a quorum is present.

“(6) The Bureau of Legislative Research shall provide staff for the task force.

“(d) The purpose of the task force is to:

“(1) Develop an implementation plan for the State and Public School Life and Health Insurance Program that will allow the program to operate on an actuarially sound basis while ensuring a high-quality, low-cost program of insurance for state employees, state employee retirees, public school employees, and public school employee retirees;

“(2) Increase public awareness and transparency of the:

“(A) Program, including plan options available under the program; and

“(B) Governance and operation of the program; and

“(3) Develop a legislative framework that will promote the actuarial soundness and stability of the program.

“(e) To meet the goals of the task force, the task force shall:

“(1) Study all aspects of the state and public school life and health insurance program for the purpose of recommending changes that will ensure the financial stability of the program while offering participants affordable healthcare coverage, including without limitation:

“(A) Researching current insurance concepts, market conditions, regulatory issues, the effects of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and best practices from other states;

“(B) Exploring:

“(i) Cost-containment measures and funding options for plan options offered under the program;

“(ii) Ways to promote competition among vendors and the offering of competitive health insurance plan options that include quality-of-care delivery, portability, and accessible and affordable health care; and

“(iii) The role that the current structure of the program, and plan options under the program, have historically contributed to the volatility of the system;

“(C) Reviewing state statutes that may be barriers to the overall actuarial soundness and stability of the program;

“(D) Preparing a comprehensive analysis of recommended health insurance plan options to be offered under the program; and

“(E) Evaluating the governance and structure of the State and Public School Life and Health Insurance Board;

“(2) If the task force determines necessary, contract with consultants to assist the task force with the study;

“(3) On or before June 30, 2014, file with the Speaker of the House of Representatives and the President Pro Tempore of the Senate a written, preliminary report of the task force's activities, findings, and recommendations; and

“(4) On or before June 29, 2015, file with the Speaker of the House of Representatives and the President Pro Tempore of the Senate a written, final report of the task force's activities, findings, and recommendations.

“(f) The task force expires December 31, 2018.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Cross References. Damages adjudged against state officers and employees, payment by state, § 21-9-201 et seq.

Preambles. Acts 1977, No. 389, contained a preamble which read:

“Whereas, the General Assembly hereby finds and recognizes that there has been a dramatic increase in the medical care cost in the past few years and that this cost will continue to rise at the rate of approximately twenty percent (20%) a year for the next two years; and

“Whereas, the State Employees Insurance Committee will make a concerted effort to maintain the current cost to the State employees; and

“Whereas, the proposed legislation will provide a twenty percent (20%) increase in the State's contribution for each year of the 1977-1979 biennium; and

“Whereas, the increased contribution will not be used unless it becomes necessary to keep the plan sound;

“Now, therefore….

Acts 1979, No. 323, contained a preamble which read:

“Whereas, the General Assembly hereby finds and recognizes that there has been a dramatic increase in the medical care cost in the past few years and that this cost will continue to rise at the rate of approximately twenty percent (20%) a year for the next two years; and

“Whereas, the State Employees Insurance Committee will make a concerted effort to maintain the current cost to the State employees; and

“Whereas, the proposed legislation will provide a twenty percent (20%) increase in the State's contribution for each year of the 1979-1981 biennium; and

“Whereas, the increased contribution will not be used unless it becomes necessary to keep the plan sound;

“Now, therefore….”

Acts 1981, No. 838, contained a preamble which read:

“Whereas, the General Assembly hereby finds and recognizes that there has been a dramatic increase in the medical care cost in the past few years and that this cost will continue to rise at the rate of approximately twenty percent (20%) a year for the next two years; and

“Whereas, the State Employees Insurance Committee will make a concerted effort to maintain the current cost to the State employees; and

“Whereas, the proposed legislation will provide a twenty percent (20%) increase in the State's contribution for each year of 1981-1983 biennium; and

“Whereas, the increased contribution will not be used unless it becomes necessary to keep the plan sound;

“Now, therefore….”

Acts 1983, No. 469, contained a preamble which read:

“Whereas, the General Assembly hereby finds and recognizes that there has been a dramatic increase in the cost of medical care in the past few years and that this cost will continue to rise for the next two years; and

“Whereas, the State Employees Insurance Advisory Committee will make a concerted effort to maintain the current cost to the State employees; and

“Whereas, the proposed legislation will provide an increase in the State's contribution for each year of 1983-1985 biennium; and

“Whereas, the increased contribution will not be used unless it becomes necessary to keep the plan sound;

“Now, therefore….”

Effective Dates. Acts 1972 (1st Ex. Sess.), No. 48, § 17: Feb. 18, 1972. Emergency clause provided: “It is hereby found and determined by the Sixty-Eighth General Assembly, meeting in Extraordinary Session that the State of Arkansas does not have a life and/or disability insurance program for the State Employees, and that a program of this nature would greatly enhance the morale and well-being of the employees of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1973, No. 72, §§ 2, 4: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that due to the unusually heavy workload of the Sixty-Ninth General Assembly it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1973 unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1973. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 842, § 4: Apr. 16, 1973. Emergency clause provided: “The General Assembly finds that a change in the administrative organization of the State Employees Insurance Section is necessary to secure the more efficient functioning of the said Section. An emergency is therefore declared to exist, and this Act, being necessary for the public health, welfare, and safety, shall be effective from and after its passage and approval.”

Acts 1975, No. 156, § 2: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of state employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various state agencies; that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1975, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1975. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1975, No. 575, § 4: Mar. 27, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is urgent need to clarify the present law relating to the membership of the State Employees Insurance Advisory Committee; that under the present State Employees Group Insurance Law the Administrative personnel of the State Police Retirement, and Members of the Teacher Retirement System who have retired or who hereafter retire and draw benefits under said systems are not eligible to participate in the State Employees Group Insurance Plan and that the law should be revised to permit participation by such retired employees at the earliest possible date; and that this Act is designed to accomplish these worthwhile purposes and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 389, § 3: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of State employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various State agencies; that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1977, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1977. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 323, § 3: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of State employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various State agencies; that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1979, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1979. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 749, § 9: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the immediate passage of this Act is necessary to prevent irreparable harm to the proper administration and provision of essential government programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 838, § 10: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of State employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various State agencies; that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1981, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1981. Therefore, an emergency is hereby declared to exist and this Act being necessary for immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 423, § 7: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that the immediate passage of this Act is necessary to prevent irreparable harm to the proper administration and provision of essential government programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1983, No. 469, § 3: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of State employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various State agencies; that under Amendment No. 7 to the Arkansas Constitution, acts without an emergency clause become effective 90 days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution and that an extension of the Session might result in this Act not becoming effective until after July 1, 1983, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1983. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from July 1, 1983.”

Acts 1983, No. 582, § 3: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that it is essential to the administration of the State Employees Insurance Program that premiums and reports be received when due from State Agencies. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1983.”

Acts 1985 (1st Ex. Sess.), No. 35, § 4: June 26, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws relating to State Group Health Insurance does not specifically authorize retired instructors and administrative staff of vocational-technical schools and retired members of the Vocational-Technical Division to participate in the State group health insurance plan; that this oversight should be corrected immediately in order to avoid hardship and inequity to such personnel; that this Act is designed to correct this undesirable situation and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 711, § 3: Mar. 20, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly of the State of Arkansas that the current prohibition against an agency continuing contributions to health insurance programs for employees who are leave with pay because of a work related injury is creating a severe financial hardship for employees who have been injured on the job. Therefore, in order to address this serious problem, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 127, § 5: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law establishing the amount of contribution made by the State to help defray the cost of state employee's life and health insurance expires on June 30, 1991; that this Act establishes the contribution level to begin upon the expiration of the current law; and that this Act should therefore go into effect on July 1, 1991. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 904, § 5: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the effectiveness of this act on July 1, 1993 is essential to the operation of the State Employees Insurance Plan and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1993 could work irreparable harm upon the proper administration of this essential governmental program. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 580, § 5: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act increases the state's contribution to the State Employees Insurance Plan; that this act should go into effect on the first day of the next fiscal year; and that unless this emergency clause is adopted this act will not go in effect until after the beginning of the next fiscal year. Therefore an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 1206, § 14: Apr. 11, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to the effective and efficient management of the state employee and the public school personnel health insurance programs that a single board be established to administer the programs and that this act is designed to accomplish this purpose and should be given effect on a specific date in order to assure a smooth transition to the single board concept. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 183, § 8: Feb. 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Insurance and Commerce and in its place established the House Interim Committee and Senate Interim Committee on Insurance and Commerce; that various sections of the Arkansas Code refer to the Joint Interim Committee on Insurance and Commerce and should be corrected to refer to the House and Senate Interim Committees on Insurance and Commerce; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governer and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 843, § 5: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that appropriate health care insurance coverage and benefits be provided state employees and that it is essential to the effective and efficient management of the state employee and public school personnel health insurance program that maximum monthly contributions by the State of Arkansas for life and health insurance premiums are authorized for the next and subsequent bienniums. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1280, § 19: Apr. 9, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that provisions contained in this bill be enacted into law. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1171, § 2: Mar. 28, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the State and Public School Life and Health Insurance Plan does not provide retirees on other health insurance plans with the option to return to coverage under the state's plan after retirement; that providing this option to state employees and state retirees will provide extra motivation and work incentives for Arkansas public employees; that providing this option will not cost the State and Public School Life and Health Insurance Plan since there are no associated employer costs with this coverage; and that providing this option is immediately needed for retirees who may suffer financially if insurance coverage is not extended. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1752, § 3: Apr. 18, 2001. Emergency clause provided: “It is found and determined by the General Assembly that a person retiring from certain institutions of higher education during 2001 will experience uncertainty regarding their eligibility for group health insurance coverage; that providing immediate eligibility for health insurance benefits to those retirees is necessary for the preservation of the public peace, health and safety. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effetive on the date the last house overrides the veto.”

Acts 2001, No. 1814, § 5: Apr. 18, 2001. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many state and public school employees participate in benefits offered through a cafeteria plan; that many state and public school employees participate in voluntary health, disability and other insurance programs; that the Employee Benefits Division of the Department of Finance and Administration is charged with the responsibility of administering these plans; that the existing law governing these plans is in need of clarification in order to allow the Employee Benefits Division to obtain bids for these programs at the lowest possible rates; that state and public school employees are in need of obtaining these programs at the lowest possible rates; and, that this act is necessary in order to achieve those objectives. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 826, § 4: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that unreimbursed expenses are being withdrawn from the State Employees Benefits Trust Fund of the State and Public School Employees Insurance Fund; that this act is needed to prevent confusion and uncertainty concerning these funds; and that this act is immediately necessary to recover costs to the State Employees Benefits Trust Fund of the State and Public School Employees Insurance Fund as required by law. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Identical Acts 2013 (1st Ex. Sess.), Nos. 3 and 6, § 5: Oct. 21, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust Fund is inadequate to provide affordable health insurance for public school employees; that an urgent need exists to address the administration and funding of public school employee health insurance plans in order to avoid severe financial hardship to plan participants; that enrollment for the 2014 plan year has been delayed as long as feasible to permit more time to develop a proper short-term and long-term solution; and that this act is immediately necessary to provide affordable health insurance options to the state's public school employees in a timely fashion. Therefore, an emergency is declared to exist, and this act is immediately necessary for the preservation of the public peace, health, and safety, shall become effective on: (1) The date of this act's approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2014, No. 293, § 43: July 1, 2014, except § 40, effective Mar. 13, 2014. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2014 is essential to the operation of the agency for which the appropriations in this Act are provided; with the exception that SECTION 40 in this Act shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2014 could work irreparable harm upon the proper administration and provision of essential governmental programs, with the exception that SECTION 40 in this Act shall be in full force and effect from and after the date of its passage and approval. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2014; with the exception that SECTION 40 in this Act shall be in full force and effect from and after the date of its passage and approval.”

Identical Acts 2014 (2nd Ex. Sess.), Nos. 2 and 7, § 5: July 3, 2014, § 1 only. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State and Public School Life and Health Insurance Program requires fundamental restructuring to ensure that affordable health insurance options are available to state and public school employees; that an urgent need exists to start implementing the necessary reforms to the State and Public School Life and Health Insurance Program; and that Section 1 of this act is immediately necessary to improve the financial viability of the State and Public School Life and Health Insurance Program. Therefore, an emergency is declared to exist, and Section 1 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 242, § 2: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act is essential to finance and the operations of state government; that in the event of an extension of the legislative session, the delay in the effective date of this act could work irreparable harm upon the proper administration of essential government programs; and that this act is necessary because it ensures the timely administration of government programs. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-5-401. State and Public School Life and Health Insurance Program established — Legislative intent.

  1. The State and Public School Life and Health Insurance Program is established to manage life and health insurance plan options for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees.
  2. It is the purpose of this subchapter to:
    1. Create a single board to administer the program and to select and offer life and health insurance plan options under the program to participants;
    2. Develop self-funded health plan options that enhance the ability to control premiums and utilize managed care capabilities if feasible and in the best interest of participants; and
    3. Enable a single board to:
      1. Set and manage policies for the program;
      2. Work in a concerted effort toward a common goal of parity between public school and state employee insurance programs;
      3. Improve the quality of healthcare services under the program;
      4. Increase participants' understanding of program features by educating state employees, state employee retirees, public school employees, and public school employee retirees on the program and plan options available under the program, including the advantages and disadvantages of each available plan option; and
      5. Slow the rate of growth of healthcare expenses under the program.

History. Acts 1995, No. 1206, § 1; 1999, No. 1280, § 1; 2007, No. 1009, § 1; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2.

Publisher's Notes. Former § 21-5-401, concerning the State Employees Insurance Advisory Committee, was deemed to be repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 1; A.S.A. 1947, § 12-3101.

Amendments. The 1999 amendment, in (1), substituted “set policy and select plans and coverages for” for “manage,” and inserted “and life,” “health care options, and utilize” and “and in the best interest of state employees and public school personnel”; and substituted “set and manage policies for” for “manage” in (3).

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 added “State and Public School Life and Health Insurance Program established” to the beginning of the section heading; added (a); redesignated the former undesignated paragraph as (b); rewrote (b)(1); in (b)(2), substituted “plan options that” for “programs to” and “participants” for “plan members”; substituted “program” for “health insurance and life insurance programs of state and public school employees” in (b)(3)(A); in (b)(3)(C), substituted “healthcare” for “health care” and “program” for “programs”; inserted “by educating state employees … each available plan option” in (b)(3)(D); and, in (b)(3)(E), substituted “of healthcare” for “in health care” and “program” for “programs”.

Case Notes

Recommendations Not Rule-Making.

Recommendations by a state board as to the adoption of a mail order service and change in the reimbursement rates of a pharmacy service plan for state and public school employees did not constitute “rule-making” within § 25-15-202 of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and accordingly, the notice and hearing provisions therein did not have to be complied with; such recommendations were within the board's legislatively mandated duties pursuant to this section. Arkansas Pharmacist's Ass'n v. Arkansas State & Pub. Sch. Life and Hlth. Ins. Bd., 352 Ark. 1, 98 S.W.3d 27 (2003).

21-5-402. Creation of board — Members.

    1. The State and Public School Life and Health Insurance Board is created, composed of the following fifteen (15) voting members:
      1. A state employee who is eligible to participate in the State and Public School Life and Health Insurance Program, appointed by the Governor;
      2. Two (2) public school employees, at least one (1) of whom is employed by a rural school district, appointed by the Governor;
      3. The Insurance Commissioner or his or her designee;
      4. The Commissioner of Elementary and Secondary Education or his or her designee;
      5. The Secretary of the Department of Finance and Administration or his or her designee;
      6. Three (3) members who are engaged in employee benefits management or risk management, at least one (1) of whom is a licensed healthcare provider, appointed by the Governor;
      7. Two (2) members, one (1) of whom is a retired public school employee and one (1) of whom is a retired state employee, appointed by the Governor;
      8. One (1) public school employee who is employed by a school district as an administrator, appointed by the Governor;
      9. The Director of the Arkansas State Board of Pharmacy or his or her state employee pharmacist designee;
      10. The Director of Health Facility Services of the Department of Health or his or her designee; and
      11. One (1) member who is a member of the Arkansas Medical, Dental, and Pharmaceutical Association, appointed by the Governor.
    2. All appointments made by the Governor are subject to confirmation by the Senate.
    3. An appointee who has a conflict of interest is disqualified to serve on the board.
    1. Members appointed by the Governor shall be appointed for terms of four (4) years but may be reappointed for additional terms.
      1. A vacancy in a position appointed by the Governor shall be filled by appointment by the Governor for the unexpired term.
      2. Members appointed by the Governor shall serve at the will of the Governor.
  1. A chair and vice chair of the board shall be selected annually by and from the membership of the board and shall serve no more than two (2) years.

History. Acts 1995, No. 1206, §§ 2, 3; 1997, No. 633, § 1; 1999, No. 1280, § 2; 2003, No. 1446, § 1; 2007, No. 1009, § 2; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2014 (2nd Ex. Sess.), No. 3, § 1; 2014 (2nd Ex. Sess.) No. 6, § 1; 2019, No. 910, §§ 3496, 6136.

A.C.R.C. Notes. As enacted by Acts 1995, No. 1206, § 2, subdivision (b)(1) began:

As enacted by Acts 1995, No. 1206, § 3, subsection (c) began:

“The initial chairman and vice chairman of the board shall be designated by the Governor for terms of one year. Subsequent….”

Identical Acts 2013 (1st Ex. Sess.), Nos. 3 and 6, § 4, provided:

“(a) The term of a member who is on the State and Public School Life and Health Insurance Board on October 16, 2013 shall expire on November 30, 2013.

“(b) New board membership under § 21-5-402 shall be seated on December 1, 2013.

“(c) The Governor shall call the first meeting of the newly seated board on or after December 1, 2013.”

Publisher's Notes. Former § 21-5-402, concerning appointment and terms of committee members, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, §§ 2, 3; 1975, No. 575, §§ 1, 2; 1981, No. 749, §§ 1, 2; 1981, No. 838, §§ 3, 4; 1983, No. 668, §§ 1, 2; A.S.A. 1947, §§ 12-3102, 12-3103; Acts 1987, No. 844, §§ 1, 2; 1991, No. 867, § 2.

Amendments. The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 added “Creation of board” to the beginning of the section heading; in the introductory language of (a)(1), deleted “There is created” from the beginning, inserted “is created” following “Board,” and substituted “fourteen (14)” for “twelve (12)”; deleted “to be” following “subchapter” in (a)(1)(A); deleted “to be” following “teacher” in (a)(1)(B); in (a)(1)(F), substituted “Three (3) members who are” for “One (1) member who is” and deleted “to be” following “industry”; deleted “to be” following “administrator” in (a)(1)(H); inserted present (a)(2) and redesignated former (a)(2) as (a)(3); in (a)(3), substituted “An” for “However, any,” substituted “is” for “shall be,” and added “on the board” to the end; deleted “All” from the beginning of (b)(1); and, in (b)(2)(A), substituted “A vacancy in a position appointed by the Governor” for “Vacancies in the Governor-appointed positions” and “by” for “of”.

The 2014 (2nd Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “fifteen (15)” for “fourteen (14)” in the introductory language of (a)(1); substituted “State and Public School Life and Health Insurance Program” for “insurance program under this subchapter” in (a)(1)(A); substituted “Two (2) public school employees, at least one (1) of whom is employed by a rural school district” for “A certified classroom teacher” in (a)(1)(B); substituted “at least one (1) of whom is a licensed healthcare provider” for “in private industry” in (a)(1)(F); substituted “members, one (1) of whom is a retired public school employee and one (1) of whom is” for “additional member positions that shall be filled by a retired teacher and by” in (a)(1)(G); inserted “employee who is employed by a school district as an” in (a)(1)(H); and substituted “member of the Arkansas Medical, Dental, and Pharmaceutical Association, appointed by the Governor” for “licensed health care provider appointed by the Governor” in (a)(1)(K).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1)(D); substituted “Secretary” for “Director” in (a)(1)(E); and deleted “Executive” preceding “Director” in (a)(1)(I).

21-5-403. Policy-making body only — Reports.

  1. The State and Public School Life and Health Insurance Board is a policy-making body only.
  2. The Director of the Employee Benefits Division and the board shall report upon request to the House Committee on Insurance and Commerce and the Senate Committee on Insurance and Commerce regarding the State and Public School Life and Health Insurance Program.

History. Acts 1995, No. 1206, § 8; 1997, No. 183, § 3; 1999, No. 1280, § 3; 2007, No. 1009, § 3; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2019, No. 910, § 6137.

Publisher's Notes. Former § 21-5-403, concerning compensation of committee members, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 5; A.S.A. 1947, § 12-3105.

Amendments. The 1999 amendment substituted “State and Public School LIfe and Health Insurance Board” for “board” in (a); and, in (b), deleted “board through the” preceding “executive” and substituted “upon request” for “at least quarterly.”

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “is” for “shall be” in (a); and, in (b), substituted “Executive Director of the Employee Benefits Division of the Department of Finance and Administration and the board” for “executive director” and “State and Public School Life and Health Insurance Program” for “state and public school employees and retirees insurance program”.

The 2019 amendment, in (b), deleted “Executive” preceding “Director” and deleted “of the Department of Finance and Administration” following “Employee Benefits Division”.

21-5-404. Powers, functions, and duties of board.

The State and Public School Life and Health Insurance Board has the following powers, functions, and duties:

    1. To explore various cost-containment measures and funding options for plan options offered under the State and Public School Life and Health Insurance Program for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees.
    2. Beginning in the 2015 plan year, the board shall not adopt a health insurance plan option that has no deductible for participants.
    3. The board shall recommend that an active employee in a consumer-driven health insurance plan option offered under the program establish a health savings account if the active employee is eligible to establish a health savings account under federal law;
  1. To promote competition among vendors and create a systematic formula for measuring competitiveness of the plan options offered under the program, quality-of-care delivery, portability, and accessibility to and affordability of health care;
  2. To prepare a comprehensive analysis of the various plan options offered under the program, including cost, quality, and access differentials as well as any other comparisons of the plan options offered under the program;
  3. To undertake studies and to take any appropriate action that the board determines will promote the financial soundness and overall well-being of the program;
  4. To establish and set penalties as allowed under § 21-5-415;
    1. To develop, with the assistance of the Office of State Procurement, bid specifications and requests for proposals and to evaluate bids and proposals.
    2. The board shall allow the office to execute all other actions relating to the purchasing procedures in contracting for consultants, third-party administrators, providers, or insurance companies on behalf of the program and all plan options offered under the program;
  5. To evaluate responses to requests for proposals, select contractors for all services, and approve the award of contracts resulting from bids for the program and all plan options offered under the program;
  6. To perform program and plan option design, summarize plan document approval, including without limitation lifetime limitations, copayments, deductibles, and eligibility rules;
  7. To promote increased access to and participation in the program and the plan options offered under the program by educating state employees, state employee retirees, public school employees, and public school employee retirees about the program and all plan options offered under the program, including the advantages and disadvantages of each available plan option;
    1. To direct the office to contract with qualified vendors, as defined by the board, offering the plan options under the program as prescribed by the board without regard to § 19-11-228 or other statutes requiring competitive bidding.
    2. Each contract shall be for a term of at least one (1) year but may be made automatically renewable from term to term in the absence of notice of termination by either party;
    1. To obtain quality-of-care information from systems, networks, hospitals, and clinical providers to inform plan option design, plan option management, and consumer decisions.
    2. The board shall:
      1. Use accepted national standards for assessment of quality-of-care information provided by systems, networks, hospitals, and clinical providers; and
      2. Be empowered to:
        1. Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability;
        2. Request aggregate performance information for patients; and
        3. Publicly report conclusions of quality-of-care assessment; and
  8. To appoint three (3) subcommittees of the board to study and research plan options offered under the program, formulary management, quality of care provided, and the financial impact of implementing the recommendations made to the board as follows:
      1. The Benefits Subcommittee of the State and Public School Life and Health Insurance Board shall consist of:
        1. Three (3) board members;
        2. Two (2) state employees;
        3. Three (3) public school employees, at least one (1) of whom is employed by a rural school district; and
        4. One (1) retired public school employee.
      2. The Benefits Subcommittee of the State and Public School Life and Health Insurance Board shall review, evaluate, and investigate benefits, new benefit offerings, and annual insurance rates;
      1. The Drug Utilization and Evaluation Subcommittee of the State and Public School Life and Health Insurance Board shall consist of:
        1. Three (3) pharmacists as follows:
          1. The Director of the Arkansas State Board of Pharmacy or his or her pharmacist designee;
          2. The Dean of the University of Arkansas for Medical Sciences College of Pharmacy or his or her pharmacist designee; and
          3. A pharmacist selected by the Arkansas Pharmacists Association;
        2. Four (4) physicians as follows:
          1. The Dean of the University of Arkansas for Medical Sciences College of Medicine or his or her physician designee;
          2. The Senior Associate Hospital Director of the University of Arkansas for Medical Sciences Medical Center or his or her physician designee;
          3. The Medical Director of the Arkansas Poison and Drug Information Center or his or her physician designee; and
          4. A physician selected by the Arkansas Medical Society;
        3. One (1) registered nurse who is the Dean of the University of Arkansas for Medical Sciences College of Nursing or his or her registered nurse designee; and
          1. One (1) state employee and two (2) public school employees, appointed by the board.
          2. A member appointed under this subdivision (12)(B)(i)(d) shall have expertise in accounting, finance, auditing, or insurance.
      2. The Drug Utilization and Evaluation Subcommittee of the State and Public School Life and Health Insurance Board shall review drugs for formulary management and evaluate the financial impact of its recommendations; and
      1. The Quality of Care Subcommittee of the State and Public School Life and Health Insurance Board shall consist of:
        1. Three (3) board members;
        2. Two (2) state employees;
        3. Two (2) public school employees;
        4. One (1) representative from the Arkansas Foundation for Medical Care;
        5. One (1) representative from the Arkansas Pharmacists Association;
        6. One (1) representative from the Arkansas Center for Health Improvement;
        7. One (1) representative from the Arkansas Medical Association;
        8. One (1) representative from the Arkansas Osteopathic Medical Association; and
        9. One (1) representative from the Arkansas Hospital Association.
      2. The Quality of Care Subcommittee of the State and Public School Life and Health Insurance Board may review and recommend quality performance indicators for use, recommend baseline performance goals, recommend alignment of financial incentives to improve performance, and track improvements in delivery of care.

History. Acts 1995, No. 1206, § 4; 1999, No. 1280, § 4; 2003, No. 1446, § 2; 2005, No. 1308, § 1; 2005, No. 1937, § 1; 2007, No. 1009, § 4; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2014 (2nd Ex. Sess.), No. 3, §§ 2-4; 2014 (2nd Ex. Sess.) No. 6, §§ 2-4; 2015, No. 910, § 1; 2015, No. 1135, § 1; 2019, No. 910, § 6138.

A.C.R.C. Notes. Acts 2005, No. 1308, § 1 amended this section to specifically repeal the provisions of the section regarding the Fiscal Subcommittee of the State and Public School Life and Health Insurance Board.

Pursuant to § 1-2-207(b), subdivision (1)(C) is set out above as amended by Acts 2015, No. 1135, § 1. Subdivision (1)(C) was also amended by Acts 2015, No. 910, § 1, to read as follows: “(C) The board shall require an active employee in a consumer-driven health insurance plan option offered under the program to establish a health savings account if the active employee is eligible to establish a health savings account under federal law.”

Publisher's Notes. The former § 21-5-404, concerning prohibited activities of committee members, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 4; A.S.A. 1947, § 12-3104; Acts 1991, No. 867, § 3.

Amendments. The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “functions, and duties of board” for “Functions — Duties” in the section heading; redesignated former (1) as (1)(A) and added “for plan options offered … public school employee retirees” at the end; added (1)(B); substituted “the plan options offered under the program” for “programs” in (2); rewrote (3); substituted “program” for “members’ health insurance programs” in (4); deleted “of the Department of Finance and Administration” following “Procurement” in (6)(A); in (6)(B), deleted “However” from the beginning, substituted “third-party” for “third party,” and substituted “program and all plan options offered under the program” for “programs”; substituted “the program and all plan options offered under the program” for “all health and life insurance offerings for participants” in (7); in (8), substituted “program and plan option design” for “plan design” and “without limitation” for “but not limited to”; rewrote (9); substituted “plan options under the program as” for “benefit plans” in (10)(A); inserted “option” twice in (11)(A); rewrote (11)(B); substituted “plan options offered under the program” for “health and life plan option benefits” in the introductory language of (12); inserted “of the State and Public School Life and Health Insurance Board” in the introductory language of (12)(A)(i), (12)(A)(ii), (12)(B)(i), (12)(B)(ii), (12)(C)(i), and (12)(C)(ii); substituted “public school” for “school district” in (12)(A)(i) (c) and (12)(C)(i) (c) ; substituted “Senior Associate Hospital Director” for “Associate Medical Director” in (12)(B)(i) (b) (2) ; and substituted “has” for “shall have” in (12)(B)(i) (d)

The 2014 (2nd Ex. Sess.) amendment by identical acts Nos. 3 and 6 added (1)(C); in (12)(A)(i) (c) , substituted “Three (3)” for “Two (2)” and added “at least one (1) of whom is employed by a rural school district; and” to the end; added (12)(A)(i) (d) ; redesignated former (12)(B)(i) (d) as (12)(B)(i) (d)(1) and (2) ; substituted “two (2) public school employees” for “one (1) public school employee” in (12)(A)(i) (d)(1) ; and substituted “A member appointed under this subdivision (12)(B)(i) (d) shall have” for “each of whom has” in (12)(B)(i) (d)(2)

The 2015 amendment by No. 910, in (1)(C), substituted “an active employee” for “a participant” and added “if the active employee is eligible to establish a health savings account under federal law” at the end.

The 2015 amendment by No. 1135, in (1)(C), substituted “recommend that an active employee” for “require a participant” and added “if the active employee is eligible to establish a health savings account under federal law”.

The 2019 amendment deleted “Executive” preceding “Director” in (12)(B)(i) (a)(1)

21-5-405. Additional duties of board.

    1. The State and Public School Life and Health Insurance Board and the Director of the Employee Benefits Division shall take a risk management approach in designing the State and Public School Life and Health Insurance Program.
    2. The board shall ensure that the program, including all plan options offered under the program, is maintained on an actuarially sound basis as determined by actuarial standards established by the board.
  1. In addition to the objectives stated in § 21-5-404, the board shall:
    1. Develop uniform standards of vendor plan option funding;
    2. Promote increased access to plan options offered under the program;
    3. Promote access to vendors who will enhance plan option availability in rural Arkansas and in bordering states;
      1. Use the purchasing power of the program to foster competition among vendors and providers for the plan options offered under the program.
      2. A state agency or school district that accepts state funds intended to partially defray the cost of health and life insurance for state employees or public school employees shall:
        1. Use those funds only for the program; and
        2. Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board;
    4. Assure guaranteed issue;
    5. Ensure an annual enrollment period;
    6. Verify that a dependent is eligible for coverage under the program as determined by the board; and
    7. Beginning in the 2015 plan year, implement a policy applicable to a participating entity to identify funds that are not required to be paid for federal taxes under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq., generated from health insurance pretaxed premiums only, and use the identified funds for premium assistance.
  2. Vendors of plan options offered under the program shall provide detailed information in order to justify rate increases or inadequate performance reporting as defined by the board.

History. Acts 1995, No. 1206, § 5; 1997, No. 1295, § 1; 1999, No. 1280, § 5; 2007, No. 1009, § 5; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2014, No. 293, § 12; 2014 (2nd Ex. Sess.), No. 3, §§ 5, 6; 2014 (2nd Ex. Sess.) No. 6, §§ 5, 6; 2015, No. 910, § 2; 2015, No. 1135, § 2; 2019, No. 315, § 2322; 2019, No. 910, §§ 6139, 6140.

Publisher's Notes. Former § 21-5-405, concerning committee officers and proceedings, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 7; 1981, No. 749, § 3; 1981, No. 838, § 5; 1983, No. 423, § 1; A.S.A. 1947, § 12-3107; Acts 1991, No. 867, § 4; 1992 (1st Ex. Sess.), No. 27, § 1; 1992 (1st Ex. Sess.), No. 28, § 1.

Amendments. The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 added “of board” to the end of the section heading; redesignated former (a) as (a)(1) and (2); in (a)(1), substituted “Executive Director of the Employee Benefits Division of the Department of Finance and Administration” for “executive director” and “State and Public School Life and Health Insurance Program” for “state and public school employees and retirees benefit programs”; substituted “program, including all plan options offered under the program, is” for “state and public school employees and retirees benefit programs are” in (a)(2); inserted “option” in (b)(1); substituted “plan options offered under the program” for “various plan options and health care models” in (b)(2); in (b)(3), deleted “those” preceding “vendors” and substituted “option” for “options”; rewrote (b)(4)(A); in (b)(4)(B), substituted “A” for “Any” and “state employees or public school employees” for “the employees of the state and public schools”; substituted “program” for “state and public school employees health benefit plans sponsored by the board” in (b)(4)(B)(i); in (b)(4)(B)(ii), inserted “program” and substituted “without limitation” for “but not limited to”; added (b)(4)(C); and substituted “Vendors of plan options offered under the program shall” for “Benefit plan vendors are required to” in (c).

The 2014 amendment inserted “in the school year in which the funding is received or in the following school year” in the introductory language of (b)(4)(C)(i).

The 2014 (2nd Ex. Sess.) amendment by identical acts Nos. 3 and 6 added (b)(7) and (8); and repealed (b)(4)(C).

The 2015 amendment by No. 910 substituted “2015” for “2014” in (b)(8).

The 2015 amendment by No. 1135, in (b)(8), substituted “2015” for “2014” and inserted “generated from health insurance pretaxed premiums only.”

The 2019 amendment by No. 315 substituted “rules” for “regulations” following “as defined in the” in (b)(4)(B)(ii).

The 2019 amendment by No. 910 deleted “Executive” preceding “Director” and deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (a)(1) and (b)(4)(B)(ii).

Research References

ALR.

Construction and Application of Federal Insurance Contributions Act, 26 U.S.C. §§ 3101 et seq. — Supreme Court Cases. 7 A.L.R. Fed. 3d Art. 4 (2016).

21-5-406. Director — Staff.

    1. The State and Public School Life and Health Insurance Board shall choose the Director of the Employee Benefits Division with the approval of the Secretary of the Department of Transformation and Shared Services.
      1. The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary.
      2. However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary.
    2. The director shall employ staff adequate to manage the State and Public School Life and Health Insurance Program within the funds appropriated for the program within the Department of Transformation and Shared Services.
  1. The director shall establish internal controls for the fiscal management of the program.
    1. The director and his or her staff shall be located in the Employee Benefits Division.
    2. Funds collected from employers, participating employees, retirees, and any other sources for the program, including plan options offered under the program, shall be used solely to pay medical claims, drug claims, premiums, benefits, and direct administrative expenses of the program.
  2. The director shall administer this subchapter and the rules and orders of the division and the board.
    1. The director may require all participating entities to appoint health insurance representatives who shall adhere to the policies adopted by the board and the rules and procedures issued by the director in managing the enrollment and premium payment processes of the state agency or school district.
    2. The director may request the removal of a health insurance representative to ensure necessary internal controls.
      1. The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable.
      2. The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising:
        1. Life insurance coverage;
        2. Accident coverage;
        3. Dental coverage;
        4. Disability benefit programs;
        5. Optional retirement programs;
        6. Deferred compensation;
        7. Cafeteria plans; and
        8. Such other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees.
      3. The authority granted under subdivision (e)(3)(A) of this section does not include supervising the State Employees Benefit Corporation benefit plan in effect on July 1, 1995.
      4. In addition, the director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division.
      5. The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section.

History. Acts 1995, No. 1206, §§ 7, 8; 1999, No. 1280, § 6; 2001, No. 1814, §§ 1, 4; 2007, No. 1009, § 6; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2015, No. 910, § 3; 2015, No. 1135, § 3; 2019, No. 910, § 6141.

Publisher's Notes. Former § 21-5-406, concerning committee powers and duties, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 9; 1973, No. 842, § 3; 1975, No. 576, §§ 1, 2; 1981, No. 749, § 5; 1981, No. 838, § 7; 1983, No. 423, §§ 2, 3; A.S.A. 1947, §§ 12-3109, 12-3109.1; Acts 1992 (1st Ex. Sess.), No. 27, § 2; 1992 (1st Ex. Sess.), No. 28, § 2.

Amendments. The 1999 amendment rewrote this section.

The 2001 amendment redesignated former (a) as (a)(1) through (a)(3); inserted “or her” in (b)(1); deleted “of the Department of Finance and Administration” following “Division” in (c)(1) and (d); and added (e).

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “Executive Director of the Employee Benefits Division of the Department of Finance and Administration” for “executive director” throughout the section; redesignated former (a)(2) as (a)(2)(A) and (B); substituted “is” for “shall be” in (a)(2)(B); in (a)(3), substituted “State and Public School Life and Health Insurance Program” for “program” and “for the program” for “therefor”; substituted “program” for “health and life insurance plans” in (b); in (c)(2), substituted “the program, including plan options offered under the program” for “health and life insurance plans” and “program” for “health and life insurance programs”; substituted “administer this subchapter and the rules” for “be charged with the duty of administering the provisions of this subchapter and the rules, regulations” in (d); in (e)(1), substituted “shall” for “will be required to,” substituted “rules” for “regulations,” and inserted “state” preceding “agency”; inserted “health insurance” in (e)(2); rewrote (e)(3)(A) and the introductory language of (e)(3)(B); substituted “state employees, state employee retirees, public school employees, and public school employee retirees” for “members” in (e)(3)(B)(viii); in (e)(3)(C), substituted “The authority granted under subdivision (e)(3)(A) of this section does not include supervising” for “This authority shall not include” and deleted “which is” following “plan”; substituted “healthcare” for “health care” in (e)(3)(D); and substituted “is” for “shall be” in (e)(3)(E).

The 2015 amendment by No. 910, in (c)(2), substituted “Funds” for “Premiums,” inserted “and any other sources,” “drug claims,” and “benefits”.

The 2015 amendment by No. 1135, in (c)(2), substituted “Funds” for “Premiums,” inserted “and any other sources,” deleted “shall be collected one (1) month in advance and” preceding “shall be used,” and inserted “drug claims,” and “benefits”.

The 2019 amendment substituted “Director” for “Executive director” in the section heading; rewrote (a); substituted “director” for “Executive Director of the Employee Benefits Division of the Department of Finance and Administration” throughout (b) through (e); and deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (c)(1).

Case Notes

Cited: Arkansas Pharmacist's Ass'n v. Arkansas State & Pub. Sch. Life and Hlth. Ins. Bd., 352 Ark. 1, 98 S.W.3d 27 (2003).

21-5-407. Definitions.

As used in this subchapter:

  1. “Active employee” means an eligible individual currently employed by a participating entity or participating institution;
  2. “Aggregate performance information” means a report or other means of communication about the measurement of accomplishment of the execution of certain tasks, achievement of certain results, or occurrence of certain events related to all patients or to a class or group of patients identifiable by certain criteria;
  3. “Consumer-driven health insurance plan option” means a qualified high deductible health plan option with high out-of-pocket costs adopted by the State and Public School Life and Health Insurance Board that is consistent with guidance provided by the Internal Revenue Service for health savings accounts, annual contribution limits, and high deductible health insurance plans under Revenue Procedure 2013-25 and subsequent guidance;
    1. “Dependent” means a participant's:
      1. Natural child, stepchild, or adopted child who is eligible for coverage under the State and Public School Life and Health Insurance Program; and
      2. Spouse who is eligible for coverage under the program.
    2. Beginning in the 2015 plan year, “dependent” does not include:
      1. An individual who is legally separated or divorced from the participant; or
      2. A participant’s spouse if the spouse is offered healthcare coverage, other than the program, through a separate employer-funded or employee-funded benefit plan that provides healthcare coverage of essential health benefits as provided in 42 U.S.C. § 18022, as existing on January 1, 2013;
    1. “Eligible inactive retiree” means a former member of the General Assembly or a state-elected constitutional officer who has served a sufficient number of years of credited service to be eligible for retirement benefits but who has not yet reached retirement age.
    2. An eligible inactive retiree who enrolls in the program shall pay the entire premium cost of the plan option selected under the program as set by the board;
  4. “Health savings account” means an account established by a participant under a medical care savings account program to pay the eligible medical expenses of a participant and the dependents of the participant;
  5. “High deductible” means the deductible limitations for a qualified high deductible health plan under the Internal Revenue Service, as adjusted annually for inflation based upon the board's calculation using the formula provided by 26 U.S.C. § 1(f)(3)–(6);
  6. “Participant” means an individual or an individual's dependent who is enrolled in a plan option offered under the program and continues to be eligible for participation in the program;
  7. “Participating entity” means an organization authorized to participate in the program, including without limitation a state agency, school district, public charter school, or education service cooperative;
  8. “Participating institution” means a two-year or four-year college that is participating in the program;
  9. “Prepayment” means collection of medical or life insurance premiums or both medical and life insurance premiums from the employee and employer one (1) month in advance;
  10. “Public school employee” means an employee of a school district or public charter school;
  11. “Qualifying event” means a change in an employee's personal life that may impact his or her eligibility or a dependent's eligibility for benefits, as defined by Internal Revenue Service guidelines;
  12. “Quality-of-care information” means the contents of medical records, member claims, patient surveys, pharmacy data, lab data, and other records of or reports about systems, networks, hospitals, and clinical providers to be gathered for assessment of the quality and costs of health care provided by systems, networks, hospitals, and clinical providers;
  13. “Quality performance indicator” means a specific inquiry or standard that when applied to quality-of-care information reveals a quantifiable measure of success or failure in system, network, hospital, or clinical provider care;
  14. “Retiree” means a retired employee who is eligible under § 21-5-411;
  15. “Rural school district” means a school district or a public charter school that has an average daily membership of one thousand (1,000) students or less;
  16. “State employee” means an employee of a state agency, board, or commission whose position is budgeted for by the General Assembly; and
  17. “Vendor” means a corporation, partnership, or other organization that is:
    1. Licensed to do business and in good standing with the State of Arkansas; and
    2. Lawfully engaged in administering employer-funded or employee-funded benefit plans for employer groups in consideration of an administration fee.

History. Acts 1995, No. 1206, § 7; 1999, No. 1280, § 7; 2005, No. 1937, § 2; 2007, No. 1009, § 7; 2009, No. 252, § 2; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2014 (2nd Ex. Sess.), No. 3, §§ 7-9; 2014 (2nd Ex. Sess.) No. 6, §§ 7-9; 2015, No. 910, § 4; 2015, No. 911, § 1.

Publisher's Notes. Former § 21-5-407, concerning the supervisor of the State Employees Insurance Section, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, §§ 6, 8; 1973, No. 842, §§ 1, 2; 1981, No. 749, § 4; 1981, No. 838, § 6; A.S.A. 1947, §§ 12-3106, 12-3108.

Amendments. The 2009 amendment redesignated (2) as (2)(A) and (B); in (2)(A), inserted “in an alternate retirement plan as defined in § 24-7-801” following “a retiree,” deleted “as defined in § 24-7-801” from the end, and made minor stylistic changes.

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 rewrote the section.

The 2014 (2nd Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “participant's child or spouse” for “member of a participant's family” in (3)(A); added (3)(B); in (7), deleted “covered” preceding “dependent” and added “and continues to be eligible for participation in the program” to the end; and added (16).

The 2015 amendment by No. 910 added (19) [now (1)].

The 2015 amendment by No. 911, in (3)(A) [now (4)(A)], inserted the (i) designation and added (ii); and substituted “Natural child, stepchild, or adopted child” for “child or spouse” in (3)(A)(i).

21-5-408. Compensation.

State and Public School Life and Health Insurance Board members may receive from the Department of Finance and Administration expense reimbursement and stipends as allowable under § 25-16-901 et seq.

History. Acts 1995, No. 1206, § 6; 1997, No. 250, § 213; 1997, No. 1354, § 39; 1999, No. 1280, § 8; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2.

Publisher's Notes. Former § 21-5-408, concerning cooperation among agencies, was repealed by Acts 1995, No. 1206, § 9. The former section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 14; A.S.A. 1947, § 12-3114.

Amendments. The 1999 amendment rewrote this section.

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “and stipends as allowable under” for “as authorized by law and stipends in accordance with”.

21-5-409. [Repealed.]

Publisher's Notes. This section, concerning procedure for selecting policies, was repealed by Acts 1995, No. 1206, § 9. The section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 11; 1973, No. 574, § 1; 1981, No. 749, § 6; 1981, No. 838, § 8; A.S.A. 1947, §§ 12-3111, 12-3111.1.

21-5-410. Eligibility generally — Definition.

  1. Individuals eligible to participate in the State and Public School Life and Health Insurance Program include:
    1. All active state employees, active public school employees, or other eligible employees of a participating entity or participating institution;
    2. Members of the General Assembly;
    3. Elected constitutional officers;
    4. Appointed or elected board and commission members who are on a full-time salaried basis; and
      1. Those state contract employees hired by the Arkansas National Guard on a full-time basis in accordance with 10 U.S.C. § 2304.
      2. Program participation for contract employees of the Arkansas National Guard is conditioned upon the United States Government’s contributing the employer's share to the Employee Benefits Division.
  2. Program participation for a state employee is conditioned upon the state employee's being in a budgeted state employee position or a position authorized by the General Assembly.
  3. A state employee is one whose actual performance of duty requires one thousand (1,000) or more working hours per year.
  4. If a participating institution discontinues its participation in the program, then the participating institution shall not re-participate in the program for two (2) years after the institution's final date of participation in the program unless the Director of the Employee Benefits Division gives his or her consent to an earlier date.
  5. Participants are not allowed simultaneous participation in benefits provided by the state employee insurance plan or the public school employee insurance plan.
  6. The Arkansas State Police Health Benefit Plan is exempt from any mandatory participation required by this section.
    1. The following persons are eligible to participate in the program:
      1. A public school employee who is in a position that requires on average at least thirty (30) hours per week of actual performance of duty during the annual school year; and
      2. A full-time school bus driver who is employed by a public school district to drive regular routes during the annual school year.
    2. A public school employee who is not a full-time school bus driver and who is in a variable hour position is ineligible to participate in the program.
  7. As used in this section, “full-time school bus driver” means a person:
    1. Who contracts with a public school district to operate a school bus for at least seven hundred twenty (720) hours during the school year;
    2. Whose primary source of income during the school year is obtained by operating a school bus for a public school district; or
    3. Who contracts with a public school district to operate a school bus and is designated by the superintendent as a full-time school bus driver, regardless of the number of hours for which the person contracted.

History. Acts 1972 (1st Ex. Sess.), No. 48, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 2001, No. 1814, §§ 2, 4; 2007, No. 1009, § 8; 2009, No. 252, § 3; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2014 (2nd Ex. Sess.), No. 2, § 1; 2014 (2nd Ex. Sess.) No. 7, § 1; 2019, No. 563, §§ 1, 2.

Amendments. The 2001 amendment substituted “Employees — Eligibility” for “Eligibility of employees generally” in the section head; redesignated former (a) as present (a)(1) through (a)(5); added (c); redesignated former (c) as present (d); and added (e) and (f).

The 2009 amendment substituted “An employee is one” for “Employees” in (c).

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 rewrote the section heading, the introductory language of (a) and (a)(1); deleted “the provisions of” following “in accordance with” in (a)(5)(A); substituted “Program participation for” for “Membership of the” in (a)(5)(B) and (b); substituted “Government's” for “Government” in (a)(5)(B); substituted “state employee's” for the second occurrence of “employee” in (b); substituted “A state” for “An” in (c); substituted “program, then the participating institution shall” for “group health and life insurance program instituted pursuant to the provisions of this subchapter, then the institution may” in (d); rewrote (e); and substituted “is” for “shall be” in (f).

The 2014 (2nd Ex. Sess.) amendment by identical acts Nos. 2 and 7 added (g).

The 2019 amendment, in (g), added (g)(1)(B) and rewrote the remaining provisions; and added (h).

21-5-411. Eligibility of certain retired employees — Definition.

    1. If qualified, state employee retirees and public school employee retirees may continue coverage and participate in the State and Public School Life and Health Insurance Program if the state employee retirees or public school employee retirees are:
      1. Participating members of:
        1. The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard;
        2. The Arkansas Teacher Retirement System;
        3. The Arkansas State Highway Employees' Retirement System;
        4. The Arkansas Judicial Retirement System; or
        5. An alternate retirement plan of a qualifying institution under § 24-7-801; and
      2. Retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section.
        1. If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, the active retiree may elect to enroll in the program.
        2. The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division.
        1. To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered on the last day of the retiree's employment.
        2. If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program with proof of continued insurance coverage at the time of open enrollment or if the retiree experiences a qualifying event.
        1. Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final.
        2. If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon payment of the appropriate premium as determined by the State and Public School Life and Health Insurance Board under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility.
      1. Notwithstanding any other provision to the contrary in this section, a state employee or public school employee with ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continued participation in the program if the state employee or public school employee is separated from employment because of the expiration of a fixed period of employment.
        1. A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division.
        2. The election to continue participation in the program shall be made in writing on forms required by the division.
        1. Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final.
        2. If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board:
          1. Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; and
          2. Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous.
      2. An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under subdivision (a)(1)(A) of this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree as determined by the board under subdivision (a)(5) of this section.
      1. As used in this subsection, “loss of eligibility” means a loss of coverage as a result of:
        1. A legal separation;
        2. Divorce;
        3. Death of the insured;
        4. Termination of employment; or
        5. A reduction in the number of hours of employment.
      2. “Loss of eligibility” does not include:
        1. A loss of coverage from a failure to pay premiums on a timely basis;
        2. Voluntary termination of coverage; or
        3. A termination of coverage for cause, such as making a fraudulent claim.
      1. A qualified retiree hired as a new employee or elected as a public official after December 31, 2015, who applies for participation in the program shall pay a premium as determined by the board that includes:
        1. If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree;
        2. If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate;
        3. If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and
        4. If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate.
        1. A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program.
          1. A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree:
            1. Applies for participation in the program within thirty-one (31) days of returning to active employment; and
            2. Is employed in a position that is eligible to participate in the program.
          2. If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii)(a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program.
        2. A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program.
    1. Retirees who draw retirement benefits under the Arkansas Public Employees' Retirement System, the Arkansas Teacher Retirement System, or the Arkansas State Highway Employees' Retirement System and retired contract employees of the Arkansas National Guard who wish to participate in the program shall pay the retiree amount of the premium as determined by the board under subdivision (a)(5) of this section or the cost of the policy issued to the retired participant.
      1. The retiree portion of the premium shall be deducted from:
        1. The retirement benefit check of the retired participant; or
        2. A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division.
      2. If the retirement benefit is to be withheld from a retirement benefit check and the retirement benefit check is not large enough for the premium deduction, the premium shall be paid by monthly bank draft on a designated date prescribed by the division.
  1. Members of the Arkansas Public Employees' Retirement System and the Arkansas State Highway Employees' Retirement System who retire before January 2, 1988, under the Incentives for Early Retirement Act, §§ 24-4-732, 24-5-122, and 24-6-102, shall not pay the full amount of the premium but shall pay a portion of the cost of the policy as set forth by the Incentives for Early Retirement Act, §§ 24-4-732, 24-5-122, and 24-6-102.
    1. Except as provided in subdivision (d)(2) of this section, any future change in program participation other than cancellation shall be allowed only for newly acquired dependents.
    2. A dependent may be added to an active or inactive retiree's health insurance coverage by payment of the appropriate premium as established by the board if:
      1. The active or inactive retiree declined health insurance coverage for the dependent at the time of election to be an active or inactive retiree because the dependent had other employer-sponsored group health insurance coverage;
      2. Subsequent to the active or inactive retiree's declination of health insurance coverage for the dependent under subdivision (d)(2)(A) of this section, the dependent involuntarily lost his or her employer-sponsored group health insurance coverage and the loss of health insurance coverage was not the result of:
        1. Fraud; or
        2. Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and
      3. Within thirty (30) days of a dependent's involuntary loss of health insurance coverage under subdivision (d)(2)(B) of this section, the active or inactive retiree submits to the board proof that:
        1. The dependent involuntarily lost health insurance coverage; and
        2. Until the dependent's loss of health insurance coverage, the coverage had been continuous.
    1. If a retiree dies and has covered dependents at the time of death, the dependents have the right to continue participation in the program.
    2. Dependent children may continue to participate in the program until marriage or until the maximum age limit for a dependent child has been reached.
    3. A surviving spouse may continue participation in the program.
    4. If a surviving spouse or dependent declines participation in the program or cancels existing participation, then the surviving spouse or dependent has no further privileges under the program.

History. Acts 1972 (1st Ex. Sess.), No. 48, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 1987, No. 514, § 1; 1997, No. 1295, § 2; 1999, No. 1280, § 9; 2001, No. 1171, § 1; 2001, No. 1752, §§ 1, 2; 2007, No. 1009, § 9; 2013, No. 87, § 1; 2013, No. 331, § 1; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2015, No. 364, §§ 1-5; 2015, No. 913, §§ 1-5; 2019, No. 910, § 6142.

Amendments. The 1999 amendment rewrote this section.

The 2001 amendment by Nos. 1171 and 1752 rewrote (a); in (c), added “technical institutes … and the Arkansas Rehabilitation Services,” and substituted “five (5)” for “ten (10)”; in (e), added “and specified in writing that the reason for the declination was that the”; and made stylistic changes.

The 2013 amendment by No. 87 added (A) and (B) subdivisions in (b)(2); in (b)(2)(A)(i), substituted “check” for “checks” and “participant; or” for “participants”; added (b)(2)(A)(ii); and inserted “to be withheld from a retirement benefit check and the retirement benefit check is” in (b)(2)(B).

The 2013 amendment by No. 331 substituted “eligible for coverage” for “covered” in (a)(2)(B)(i); in (a)(2)(B)(ii), deleted “employer sponsored group” and inserted “that is not an accident only, specific disease, or other limited benefit policy” and inserted “or at the time of open enrollment”; and added (a)(2)(B)(iii).

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 rewrote the introductory language of (a)(1); substituted “one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section” for “the systems” in (a)(1)(B); rewrote (a)(2)(A)(i); in (a)(2)(A)(ii), deleted “retiree insurance” preceding “program,” substituted “state employee retiree or public school employee retiree's” for “member's” and substituted “division” for “Employee Benefits Division”; in (a)(2)(B)(i), substituted “in the program, the retiree” for “member” and “retiree's” for “member's”; in (a)(2)(B)(ii), substituted “to participate in the program” for the first occurrence of “coverage,” “specified” for “specific,” and “participate in the” for “return to the retiree insurance”; in (a)(2)(B)(iii), substituted “State and Public School Life and Health Insurance Board” for “board” and “participating in the program” for “making an election”; in (a)(2)(C)(i), inserted “to participate in the program” and deleted “health” preceding “program” near the end; rewrote (a)(2)(C)(ii); in (a)(3)(A), substituted “a state employee or public school” for “an” and “continued participation in the program if the state employee or public school” for “continuation of health insurance coverage offered by the board if that”; in (a)(3)(B)(i), substituted “A state employee or public school employee qualifying for continued participation in the program” for “An employee qualifying for continuation of coverage” and “participation in the program under this section by notifying the division” for “health insurance coverage under this section by notifying the Employee Benefits Division”; in (a)(3)(B)(ii), inserted “to continue participation in the program” and substituted “division” for “Employee Benefits Division”; in (a)(3)(C)(i), substituted “elect to continue participation in the program” for “make an election” and deleted “health” preceding “program” near the end; rewrote (a)(3)(C)(ii); substituted “under subdivision (a)(1)(A) of” for “within” in (a)(3)(D); rewrote (a)(4); in (b)(1), substituted “Retirees” for “Persons” and “program” for “group insurance program provided for in this subchapter”; deleted “or cost” following “premium” from the introductory language of (b)(2)(A); substituted “participant” for “participants” in (b)(2)(A)(i); substituted “division” for “Employee Benefits Division” in (b)(2)(A)(ii) and (b)(2)(B); in (c), deleted “the provisions of” following “under” and substituted “pay the full amount of the premium but” for “have to pay the full amount of the premium and”; in (d), substituted “program participation” for “coverage” near the beginning and substituted “a plan option offered under the program” for “the plan”; and rewrote (e).

The 2015 amendment by No. 364 added (a)(5); in (a)(2)(C)(ii) (a) and (a)(3)(C)(ii) [now (a)(3)(C)(ii) (a) ], substituted “determined” for “established” and inserted “under subdivision (a)(5) of this section”; inserted “as determined by the board under subdivision (a)(5) of this section” in (a)(3)(D) and (b)(1).

The 2015 amendment by No. 913, substituted “thirty (30) days” for “thirty-one (31) days” in (a)(2)(A)(ii); substituted “covered” for “eligible for coverage” in (a)(2)(B)(i); rewrote (a)(2)(B)(ii); deleted (a)(2)(B)(iii); substituted “thirty-day election” for “thirty-one-day election” in (a)(2)(C)(i); rewrote (a)(2)(C)(ii); in (a)(3)(C)(i), substituted “(a)(2)(B)(ii)” for “(a)(3)(C)(ii)” and “thirty-day election” for “thirty-one day election”; and rewrote (a)(3)(C)(ii) and (d).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (a)(2)(A)(ii).

21-5-412. Eligibility of certain elected officials.

  1. Members of the General Assembly and the state-elected constitutional officers who have served a sufficient number of years of credited service to be eligible for retirement benefits upon attainment of retirement age, but who have not yet reached retirement age, shall be eligible to continue to participate in the State and Public School Life and Health Insurance Program upon leaving elective service.
    1. A person who is leaving the General Assembly or any state-elected constitutional office who wishes to participate in the program shall be offered continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272.
      1. An elected official with ten (10) or more years of creditable service under the terms of a retirement plan listed under § 21-5-411(a)(1)(A) shall qualify for continuation of participation in the program if the elected official is separated from employment because of the expiration of a fixed period of employment.
        1. An elected official qualifying for continuation of participation in the program under this subsection shall be considered an eligible inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue program participation by notifying the Employee Benefits Division in writing on forms required by the division.
        2. The eligible inactive retiree shall pay the full amount of the insurance premium.
        1. Except as provided in subdivision (b)(2)(C)(ii) of this section, an eligible inactive retiree's failure to elect to participate in the program during the thirty-one-day election period or an eligible inactive retiree's election to decline participation in the program is final.
        2. An eligible inactive retiree who declined to participate in the program and any dependents of the eligible inactive retiree shall qualify for participation in the program upon payment of the appropriate premium as established by the State and Public School Life and Health Insurance Board, provided the eligible inactive retiree applies for program participation within thirty-one (31) days of the loss of eligibility if:
          1. The eligible inactive retiree who declined to participate in the program specifies in writing that the reason for the declination is that the eligible inactive retiree had coverage through another group health plan;
          2. The eligible inactive retiree's coverage was subsequently terminated because of a loss of eligibility; and
          3. The eligible inactive retiree provides information from the former insurance company confirming the loss of coverage.
        1. An eligible inactive retiree shall be charged the premium under the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272, as determined by the board to be actuarially sound with administrative fees deemed appropriate.
        2. An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under § 21-5-411(a)(1)(A) and shall be charged the premium rate appropriate for his or her rating category as an active retiree.

History. Acts 1972 (1st Ex. Sess.), No. 48, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 2007, No. 1009, § 10; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2019, No. 910, § 6143.

Amendments. The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 substituted “officials” for “officers” in the section heading; substituted “the State and Public School Life and Health Insurance Program” for “state employees', life and health programs” in (a); in (b)(1), substituted “A” for “Any,” “office” for “officer,” and “program” for “state employees' life and disability program provided for in this subchapter”; rewrote (b)(2)(A); in (b)(2)(B)(i), substituted “official” for “officer,” “participation in the program” for “coverage,” “program participation” for “health insurance coverage under this section,” and “division” for “Employee Benefits Division”; in (b)(2)(C)(i), substituted “elect to participate in the program during the thirty-one-day” for “make an election during the thirty one day” and deleted “health” preceding “program” near the end; rewrote (b)(2)(C)(ii); in (b)(2)(C)(ii) (a) , substituted “to participate in the program” for “coverage,” “that” for “because,” and “had” for “has”; substituted “was” for “is” in (b)(2)(C)(ii) (b) ; in (b)(2)(D)(i), inserted “eligible” preceding “inactive,” inserted “the premium under,” and substituted “as” for “premium”; and substituted “under § 21-5-411(a)(1)(A)” for “within this section” in (b)(2)(D)(ii).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (b)(2)(B)(i).

U.S. Code. The Consolidated Omnibus Budget Reconciliation Act of 1985, referred to in this section, is codified throughout Titles 5, 15, 19, 20, 26, 38, and 42 of the U.S. Code.

21-5-413. [Repealed.]

Publisher's Notes. This section, concerning employer contributions, was repealed by Acts 2007, No. 1009, § 11. The section was derived from Acts 1972 (1st Ex. Sess.), No. 48, § 12; A.S.A. 1947, § 12-3112.

21-5-414. State contributions generally — Partial state contribution of employees' premiums.

  1. The Department of Transformation and Shared Services shall seek the advice of the Legislative Council and the House Committee on Insurance and Commerce and the Senate Committee on Insurance and Commerce before additional state contributions can be made to the State and Public School Life and Health Insurance Program on behalf of state employees.
  2. Participating entities shall make a monthly contribution equal to the number of budgeted state employee positions multiplied by the monthly contribution authorized by the Chief Fiscal Officer of the State, not to exceed four hundred fifty dollars ($450) monthly for each state employee budgeted position into a fund designated for state employee health benefits to partially defray the cost of life and health benefits for state employees and retirees participating in the program.

History. Acts 1973, No. 72, § 1; 1975, No. 156, § 1; 1977, No. 389, § 1; 1979, No. 323, § 1; 1981, No. 838, §§ 1, 2; 1983, No. 469, §§ 1, 2; 1985, No. 615, § 1; A.S.A. 1947, §§ 12-3115, 12-3115.1; Acts 1987, No. 743, § 1; 1989, No. 21, § 1; 1991, No. 127, § 1; 1991, No. 867, § 5; 1993, No. 904, § 1; 1995, No. 580, § 1; 1995, No. 1206, § 10; 1997, No. 183, § 4; 1997, No. 843, § 1; 1999, No. 1280, § 10; 2001, No. 185, § 1; 2007, No. 1009, § 12; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2015, No. 912, § 1; 2017, No. 242, § 1; 2019, No. 910, § 6144.

Amendments. The 1999 amendment substituted “Department of Finance and Administration” for “Arkansas State Employee and Public School Personnel Board” in (a); and rewrote (b).

The 2001 amendment redesignated former (b) as present (b)(1) and (b)(2); in (b)(1), substituted “multiplied by” for “times,” “three hundred fifty dollars ($350)” for “two hundred seventy-five dollars ($275),” and “State and Public School Life and Health Insurance Board” for “board”; and, in (b)(2), substituted “department” for “Department of Finance and Administration” and “for that purpose” for “for such purpose.”

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6, in (a), inserted “state” preceding “contributions” and added “to the State and Public School Life and Health Insurance Program on behalf of state employees” to the end; and, in (b)(1), substituted “state agencies participating in the program” for “agencies participating in the plans adopted by the state” and “state employees participating in the program” for “employees of the state participating in the plan sponsored by the State and Public School Life and Health Insurance Board”.

The 2015 amendment redesignated former (b)(1) as (b) and substituted “Participating entities shall” for “The State of Arkansas, on behalf of state agencies participating in the program, is authorized to,” “benefits” for “insurance,” and inserted “and retirees” at the end; and deleted (b)(2).

The 2017 amendment substituted “four hundred fifty dollars ($450)” for “four hundred twenty-five dollars ($425)” in (b).

The 2019 amendment substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (a).

21-5-415. Nonpayment of premiums and failure to file reports by agency or school district.

    1. If any participating state agency or school district does not remit insurance premiums and required monthly reports to the Employee Benefits Division by the last calendar day of each billing month, the division shall impose a penalty of two dollars ($2.00) per insured member or one hundred dollars ($100), whichever is greater.
      1. Penalties shall be assessed and invoiced based on the actual number of members included on the monthly billing report that is past due.
      2. Invoices shall be processed at the beginning of the month following the infraction.
    2. Penalties are payable to the division and shall be delivered to the division no later than the last calendar day of the month following invoicing.
    3. If payment is not delivered to the division by the due date, the following collection methods may be used:
        1. The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from:
          1. Funds the state agency or school district has on deposit with the Treasurer of State; or
          2. Any funds the state agency or school district is due from the state.
        2. If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer;
      1. The state agency director or school district superintendent may be required to appear before the State and Public School Life and Health Insurance Board to report the reasons for nonpayment or incorrect reporting; and
      2. The Chief Fiscal Officer of the State may use his or her powers outlined in § 19-4-301 et seq. to aid in collection.
    4. Nonpayment of premiums by a school district, state agency, or agency assuming the responsibility for paying health and life insurance premiums for its employees may result in a lapse of health and life insurance coverage for participating state employees and public school employees of the school district or state agency.
    1. If a participating entity or participating institution fails to follow established policy and procedures set by the Director of the Employee Benefits Division, including without limitation notifying the division of an insured's leave without pay, family medical leave, or military leave status or if any participating entity or participating institution provides incorrect benefit information or processes unauthorized benefit changes, including system entries that result in unreimbursed expenses to the State Employees Benefit Trust Fund or Public School Insurance Trust Fund, the division may:
      1. Require the participating entity or participating institution to pay the total amount of the insured's premium; and
      2. Impose a penalty of fifty dollars ($50.00) per insured.
      1. Penalties shall be assessed and invoiced based on the actual number of violations.
      2. Invoices shall be processed at the beginning of the month following discovery of the infraction.
    2. Penalties are payable to the division and shall be delivered to the division by the last calendar day of the month following invoicing.
    3. The Chief Fiscal Officer of the State may cause the amount sought to be transferred from:
      1. Funds the state agency or school district has on deposit with the Treasurer of State; or
      2. Any funds the state agency or school district is due from the state.
    4. If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer.
  1. The division may correct any error regarding an insured's benefits according to existing documentation without authorization or prior notification to the state agency or school district.

History. Acts 1972 (1st Ex. Sess.), No. 48, § 8; 1973, No. 842, § 2; 1981, No. 749, § 4; 1981, No. 838, § 6; 1983, No. 582, § 1; A.S.A. 1947, § 12-3108; Acts 1997, No. 1295, § 3; 2003, No. 826, § 2; 2007, No. 1009, § 13; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2019, No. 910, §§ 6145, 6146.

Amendments. The 2003 amendment added the subdivision designations in (a); rewrote present (a)(1), (b)(1) and (d)(1); inserted “per insured” in (d)(2); rewrote (e); and added (f) and (g).

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 inserted “state” preceding “agency” throughout the section; redesignated former (a)(2) as (a)(2)(A) and (B) and substituted “shall” for “will” in both; substituted “are payable to the division and shall be delivered to” for “shall be payable to the Employee Benefits Division and must be received by” in (a)(3); substituted “delivered to” for “received by” in the introductory language of (a)(4); substituted “is” for “must be” in (a)(4)(A)(ii); rewrote (a)(5) and the introductory language of (b)(1); substituted “participating entity or participating institution” for “agency” in (b)(1)(A); redesignated former (b)(2) as (b)(2)(A) and (B) and substituted “shall” for “will” in both; and substituted “are payable to the division and shall be delivered to the division” for “shall be payable to the Employee Benefits Division and must be received” in (b)(3).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (a)(1); and substituted “Director of the Employee Benefits Division” for “Executive Director of the Employee Benefits Division of the Department of Finance and Administration” in the introductory language of (b)(1).

21-5-416. Annual performance audits.

The Legislative Joint Auditing Committee shall annually conduct a performance audit of the:

  1. Entity administering claims; and
  2. Employee Benefits Division.

History. Acts 1981, No. 749, § 7; 1981, No. 838, § 9; A.S.A. 1947, § 12-3109.2; Acts 2003, No. 826, § 3; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2019, No. 910, § 6147.

Amendments. The 2003 amendment substituted “Employee Benefits Division” for “State Employees Insurance Section.”

The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 redesignated part of the former undesignated paragraph as (1) and (2); and deleted “of the” from the beginning of (2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (2).

21-5-417. State contribution for employee receiving workers' compensation.

Notwithstanding any other provisions of the law, a state agency shall remit the employer's contribution for a state employee participating in the State and Public School Life and Health Insurance Program to the Employee Benefits Division when the state employee is:

  1. In a leave-without-pay status because of a work-related injury; and
  2. Receiving benefits from workers' compensation.

History. Acts 1989, No. 711, § 1; 2007, No. 1009, § 14; 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2; 2019, No. 910, § 6148.

Amendments. The 2013 (1st Ex. Sess.) amendment by identical acts Nos. 3 and 6 redesignated part of the former undesignated paragraph as (1) and (2); and, in the introductory language, inserted “for a state employee participating in the State and Public School Life and Health Insurance Program” and substituted “when the state employee is” for “for state employees when the employee is” at the end.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Employee Benefits Division”.

21-5-418. Health savings account.

  1. A health savings account shall be a component of a consumer-driven health insurance plan option adopted by the State and Public School Life and Health Insurance Board.
  2. A school district may make an employer contribution into a participating public school employee's health savings account up to the maximum amount allowed by the Internal Revenue Service.
  3. A school district shall ensure that any vendor the school district contracts with to provide health savings account management for the school district provides annual education to the school district's public school employees concerning the:
    1. Advantages and disadvantages of a consumer-driven health plan option; and
    2. Effective strategies for using a health savings account.

History. Acts 2013 (1st Ex. Sess.), No. 3, § 2; 2013 (1st Ex. Sess.), No. 6, § 2.

Subchapter 5 — Deferred Compensation

Effective Dates. Acts 1975, No. 669, § 12: Mar. 28, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate passage of this Act is necessary to permit employees and agencies of the state, counties, cities, towns and other political subdivisions to become parties to deferred compensation agreements. Therefore an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 937, § 6: Mar. 31, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate passage of this Act is necessary to permit employees and agencies of the State, counties, cities, towns and other political subdivisions to become parties to deferred compensation agreements. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1280, § 19: Apr. 9, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that provisions contained in this bill be enacted into law. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1596, § 6: Apr. 13, 2001. Emergency clause provided. “It is found and determined by the General Assembly that existing law concerning public employees' deferred compensation plans does not conform with the requirements of IRC § 457; that failure to comply with these requirements may result in unintended income tax liabilities for public employees; that existing law concerning public employees' deferred compensation plans currently provides few alternatives for investing deferred compensation; that additional investment alternatives are necessary to enable public employees to maximize their earnings from deferred compensation investments. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-5-501. Definition.

For the purpose of this subchapter, “employee” means any person, partnership, or professional association whether appointed, elected, or under contract, providing services for the state, county, city, town, or other political subdivision for which compensation is paid.

History. Acts 1975, No. 669, § 4; A.S.A. 1947, § 12-1621.

21-5-502. Applicability.

This subchapter shall apply to all deferred compensation plans adopted by agencies subsequent to March 28, 1970, which shall all be subject to the rules issued by the Department of Finance and Administration under the authority granted in this subchapter.

History. Acts 1975, No. 669, § 9; 1977, No. 937, § 4; A.S.A. 1947, § 12-1626; Acts 1999, No. 1280, § 12; 2019, No. 315, § 2323.

Amendments. The 1999 amendment substituted “Department of Finance and Administration” for “Arkansas State Employee and Public School Personnel Board.”

The 2019 amendment deleted “and regulations” following “rules”.

21-5-503. Effect on other benefits.

The deferred compensation program established by this subchapter shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, city, town, or other political subdivision, and no deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension, or other benefit provided by law.

History. Acts 1975, No. 669, § 6; A.S.A. 1947, § 12-1623.

21-5-504. Authority of state or political subdivision.

    1. The state or a county, city, town, or other political subdivision may agree, by contract, with an employee to defer, in whole or in part, a portion of that employee's future compensation to a deferred compensation program.
      1. The participation of an employee in the automatic enrollment in a deferred compensation plan under § 21-5-511 is a term of an employee's employment contract.
      2. A separate contract is not required to be executed for an employee to be enrolled in a deferred compensation plan under § 21-5-511.
    1. The administrator of the deferred compensation program may:
      1. Contract for, purchase, or otherwise procure annuity contracts for the deferred compensation program; and
      2. Through a trust or custodian, contract for, purchase, or otherwise procure fixed or variable life insurance contracts, mutual funds, pooled investment funds, or such other investment vehicles that comply with state and federal laws and which permit the deferral of compensation for income tax and retirement savings purposes.
    2. If an annuity or life insurance contract is purchased, then it must be purchased from an insurance company licensed to contract business in this state, and any insurance agent selling such contracts must be licensed by this state.

History. Acts 1975, No. 669, § 1; A.S.A. 1947, § 12-1618; Acts 2001, No. 1596, § 1; 2007, No. 1009, § 15; 2013, No. 452, § 1.

Amendments. The 2001 amendment, in (a), substituted “may, by contract, agree” for “may agree, by contract” and added “to a deferred compensation program” after “future compensation”; and rewrote (b).

The 2013 amendment added (a)(2).

21-5-505. Authority of Department of Finance and Administration.

  1. The Department of Finance and Administration is authorized to enter into contractual agreements with employees on behalf of the state to defer any portion of that employee's future compensation.
  2. The department may, upon request, designate an officer or officers within any state agency, department, board, commission, or institution to enter into such contractual agreements with employees of that particular state agency, department, board, commission, or institution.

History. Acts 1975, No. 669, § 2; 1977, No. 937, § 1; A.S.A. 1947, § 12-1619; Acts 1999, No. 1280, § 13.

Amendments. The 1999 amendment substituted “the Department of Finance and Administration” for “Arkansas State Employee and Public School Personnel Board” in the section catchline and in (a); and substituted “The department” for “The board” in (b).

21-5-506. Administration of programs.

    1. The administration of the state government employees' deferred compensation program shall be under the direction of the Director of the Employee Benefits Division.
    2. Administration of other deferred compensation programs authorized by this subchapter shall be under the direction of the appropriate officer designated by the county, city, town, or other political subdivision.
  1. The administrator of the deferred compensation program is authorized and empowered to promulgate any and all rules deemed necessary to carry out the intent and purposes of this subchapter.
  2. Deferrals of compensation shall be made in each instance by the appropriate disbursing officer and shall be paid over to an annuity contract or to a trust or custodial account maintained for the deferred compensation program without unreasonable delay.
  3. The administrator of the deferred compensation program may contract with a private corporation or institution for providing trust, custodial, investment, record keeping, legal, accounting, and other administrative services, and the cost of such services may be paid from the assets of the deferred compensation program.

History. Acts 1975, No. 669, § 3; 1977, No. 937, § 2; A.S.A. 1947, § 12-1620; Acts 1999, No. 1280, § 14; 2001, No. 1596, § 2; 2019, No. 315, § 2324.

Amendments. The 1999 amendment substituted “Department of Finance and Administration” for “Arkansas State Employee and Public School Personnel Board” in (a)(1); and substituted “The Department” for “The board” in (b).

The 2001 amendment inserted “Executive Director of the Employee Benefits Division of the” in (a)(1); substituted “department, or the appropriate officer designated by the county, city, town, or other political subdivision” for “administrator of the deferred compensation program” in (b); in (c), substituted “income” for “compensation,” added “and shall be paid … without unreasonable delay” and made minor changes in punctuation; and substituted “consolidated billing and other administrative services” for “trust, custodial … compensation program” in (d).

The 2019 amendment substituted “rules” for “regulations” in (b).

21-5-507. Payments by administrator.

  1. Notwithstanding any other provision of law to the contrary, the Executive Director of the Employee Benefits Division of the Department of Finance and Administration or the appropriate officer of the county, city, town, or other political subdivision designated to administer the deferred compensation program is authorized:
    1. To make payments of premiums for the purchase of annuity contracts under the deferred compensation program; and
    2. To make deferrals to a trustee or custodian holding fixed or variable life insurance contracts, annuity contracts, mutual funds, pooled investment funds, or other investment vehicles under the deferred compensation program.
  2. The payments and deferrals shall not be construed to be a prohibited use of the general assets of the state, county, city, town, or other political subdivision.

History. Acts 1975, No. 669, § 5; 1977, No. 937, § 3; A.S.A. 1947, § 12-1622; Acts 1999, No. 1280, § 15; 2001, No. 1596, § 3; 2007, No. 1009, § 16.

Amendments. The 1999 amendment substituted “Department of Finance and Administration” for “Arkansas State Employee and Public School Personnel Board.”

The 2001 amendment rewrote this section.

21-5-508. Taxation of deferred income.

A sum deferred under the deferred compensation program is not subject to income taxation until a distribution is made to the employee or beneficiary unless an employee has by contract directed that his or her contribution is to be deposited into a Roth deferred compensation plan.

History. Acts 1975, No. 669, § 6; A.S.A. 1947, § 12-1623; Acts 2007, No. 1009, § 17; 2013, No. 452, § 2.

Amendments. The 2013 amendment rewrote the section.

21-5-509. Exclusive benefit.

All amounts of compensation deferred pursuant to a deferred compensation program, all property and rights purchased with such amounts, and income attributed to such amounts, property, and rights shall be held in one (1) or more annuity contracts, custodial accounts, or in trust for the exclusive benefit of the employees and their beneficiaries participating in such a program.

History. Acts 1975, No. 669, § 8; A.S.A. 1947, § 12-1625; Acts 2001, No. 1596, § 4.

Amendments. The 2001 amendment rewrote this section.

21-5-510. Liability of state or political subdivision.

The financial liability of the state, county, city, town, or other political subdivision under a deferred compensation program authorized by this subchapter shall be limited in each instance to:

  1. An amount determined by reference to the value of the annuity contracts which may have been purchased with respect to any employee;
  2. An amount determined by reference to the value of the employee's interest in a trust or custodial account holding mutual funds, in pooled investment funds, or in other investment vehicles purchased on behalf of the employee; and
  3. Any amounts deferred but not paid over to the annuity contracts, trusts, or custodial accounts.

History. Acts 1975, No. 669, § 7; A.S.A. 1947, § 12-1624; Acts 2001, No. 1596, § 5.

Amendments. The 2001 amendment inserted (2) and made related changes; substituted “particular contract” for “annuity contracts” in present (1); and substituted “expended in purchase of the contracts” for “paid over to the annuity contracts, trusts, or custodial accounts” in present (3).

21-5-511. Automatic enrollment in deferred compensation plan — Definitions.

  1. As used in this section:
    1. “Deferred compensation plan” means the Arkansas Diamond Deferred Compensation Plan or subsequent deferred compensation plan administered by the Director of the Employee Benefits Division under this subchapter; and
      1. “Employee” means a person employed full time by the state and the state employer participates in the Arkansas Diamond Deferred Compensation Plan on or after January 1, 2014.
      2. “Employee” does not mean a person employed by a city, county, town, or other political subdivision that has adopted the Arkansas Diamond Deferred Compensation Plan.
    1. An employee beginning employment or reemployment on or after January 1, 2014, shall be enrolled in the deferred compensation plan.
    2. However, an employee may elect not to participate in the deferred compensation plan.
    1. The amount of the contribution for an employee participating in the deferred compensation plan under subdivision (b)(1) of this section is three percent (3%) of the employee's annual compensation.
    2. An employee may elect to contribute an amount greater than or less than the amount required under subdivision (c)(1) of this section.
  2. If an employee elects not to participate in the deferred compensation plan within ninety (90) days of the employee's first contribution, the director may refund to the employee the balance of the employee's deferred compensation plan account.
  3. The director shall provide notice to each employee subject to this section:
    1. Within thirty (30) days of an employee's first contribution; and
    2. At the beginning of each plan year.
  4. The Secretary of the Department of Finance and Administration shall promulgate rules to:
    1. Implement this section; and
    2. Comply with federal law to:
      1. Maintain the deferred compensation plan's tax qualification status by the federal government to remain tax exempt and tax qualified; and
      2. Protect an employee's deferred compensation plan account.

History. Acts 2013, No. 452, § 3; 2019, No. 910, § 3497.

Amendments. The 2019 amendment substituted “Secretary” for “Director” in (f).

Subchapter 6 — Public Employee Workers' Compensation Act

A.C.R.C. Notes. The effect of Acts 1985, No. 866 (14-26-101 et seq., 14-60-101 et seq.) and this subchapter, read together, was to supersede the two preexisting laws on workers' compensation coverage for municipal and county officers (Acts 1973, Nos. 469 and 470) which were deleted from the Code.

Cross References. State Insurance Department, § 23-61-101 et seq.

Workers' compensation, § 11-9-101 et seq.

Preambles. Acts 1979, No. 809, contained a preamble which read:

“Whereas, the General Assembly finds that an inherent conflict exists in the processing of Public Employee workers' compensation claims because the Workers' Compensation Commission serves as both initial determiner and final arbiter of claims; and

“Whereas, the General Assembly recognizes that Public Employee workers' compensation claims are currently being administered by the Public Employee Claims Section of the Workers' Compensation Commission; and

“Whereas, the General Assembly finds that the Public Employee compensation claims are inadequately defended against possible fraud and misuse; and

“Whereas, the General Assembly finds that the full incurred costs associated with payment of Public Employee workers' compensation claims are not routinely known;

“NOW, THEREFORE, the Legislature of the State of Arkansas recognizes the need for one single program to administer Public Employee claims for workers' compensation and enacts this measure for the achievement of that purpose.”

Effective Dates. Acts 1979, No. 809, § 11: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Arkansas General Assembly that it is necessary to establish one single program for the administration of Public Employee claims for workers' compensation. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in full force from and after July 1, 1979.”

Acts 1981, No. 916, § 5: Mar. 30, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that ‘workfare’ projects have been recently initiated in several counties within the State thereby creating a need to immediately establish the legal status of the ‘workfare’ participants for the purpose of workers' compensation coverage. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 929, § 8: Mar. 31, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Public Employee Claims Division needs clarification of State workers' compensation fund coverages for the public worker and of its duties and responsibilities under this Act. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981 (1st Ex. Sess.), No. 33, § 5[6]: Dec. 2, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, meeting in Extraordinary Session, that passage of this Act is necessary for continued maintenance and operation of County Roads in the State of Arkansas by increasing the appropriation to permit counties to receive available funds, and for providing an appropriation to expend funds transferred from the Military Lands Fund so that counties having lands in military reservations may receive funds as provided by law to continue critical services. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1985, No. 285, § 3: Mar. 7, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that workers' compensation benefits paid to injured public employees, or on their behalf, under Act 809 of 1979 are paid from funds appropriated from general revenues of the State of Arkansas, that when such injuries to a public employee are caused by the tortious conduct of a third party, the public employee, or his dependents, may make claim or maintain an action against such third party, that public employees have heretofore been successful in recovering from such third parties, or their liability carriers, but have effectively circumvented the lien claim of the State of Arkansas under Ark. Stats. Section 81-1340 by settling around the State of Arkansas pursuant to St. Paul Fire and Marine Insurance Company v. Wood, 242 Ark. 879, 416 S.W.2d 322 (1967), that this type of ‘settlement around’ the State of Arkansas has resulted in a substantial loss of general revenues, that such lien claim of the State of Arkansas should be absolute when any recovery is made from a third party, or his liability carrier, by the injured public employee or his dependents as a result of injuries for which such public employee has received workers' compensation benefits under Act 809 of 1979, whether such recovery is by settlement with or judgment against the third party, to eliminate continued losses of general revenues. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the general revenues of the State of Arkansas shall be in full force and effect from and after the date of its passage and approval.”

Acts 1993, No. 901, § 52: Apr. 6, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present laws addressed in this omnibus Act on workers' compensation benefits and insurance licensure and other insurance regulatory issues are inadequate for the protection of the Arkansas public and immediate passage of this Act is necessary in order to provide for the protection of the public. Therefore, an emergency is hereby declared to exist and this omnibus Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

U. Ark. Little Rock L.J.

Powell, Survey of Workers' Compensation Law, 3 U. Ark. Little Rock L.J. 329 (1980).

Notes, Workers' Compensation — Statute of Limitations on Seeking Additional Benefits. Mohawk Rubber Co. v. Thompson, 265 Ark. 16, 576 S.W.2d 216 (1979), 3 U. Ark. Little Rock L.J. 513 (1980).

Legislative Survey, Workers' Compensation, 8 U. Ark. Little Rock L.J. 617.

Arkansas Law Survey, Baker, Workers' Compensation, 9 U. Ark. Little Rock L.J. 213.

Case Notes

Dual Liability.

Where dual coverage exists between a private insurance company and the state workers' compensation fund for injuries incurred by the employees of a city, either one or both of the carriers are liable, but only for the benefits mandated by the act; the injured employee may not receive double payments which exceed the maximum disability benefits. City of Waldo v. Poetker, 275 Ark. 216, 628 S.W.2d 329 (1982).

Where the mayor of a city notified the Workers' Compensation Commission that the city would continue its private workers' compensation plan, but the city failed to provide the commission with a copy of its policy and was subsequently placed by the commission on the list of cities participating in the state plan, there was dual coverage and dual liability between the private insurance company and the state fund for injuries to employees of that city and the only equitable and fair way to apportion the loss was to divide it equally between the plans. City of Waldo v. Poetker, 275 Ark. 216, 628 S.W.2d 329 (1982).

Effect of Procedural Amendment.

The 1979 amendment to this section, which deleted a portion prohibiting judicial review in an action of the Workers' Compensation Commission with respect to a claim by a municipal employee, was a procedural one affecting the manner in which one could enforce the substantive rights conferred on claimants and employers under the Workers' Compensation Act and, thus, did not violate the prohibition under § 1-2-120 against changes in substantial rights. Office of Emergency Servs. v. Home Ins. Co., 2 Ark. App. 185, 618 S.W.2d 573 (1981).

Newly Discovered Evidence.

Where the claimant filed a petition for rehearing of the denial of disability benefits on the ground that there was newly discovered evidence, but it appeared that all of the evidence which he claimed was newly discovered was actually within his knowledge before the case was originally submitted to and decided by the commission, the motion for a rehearing was properly denied. Walker v. J & J Pest Control, 6 Ark. App. 171, 639 S.W.2d 748 (1982).

Reconsideration of Claim.

Inasmuch as the commission must reconsider “any compensation order, award or decision,” on its own motion or upon application of any interested party and “upon such review may make an order or award terminating, continuing, decreasing or increasing for the future the compensation previously awarded,” due process of law dictates that an employee who has been denied benefits should be afforded the same opportunity to have his claim reconsidered where he has discovered subsequently to the denial of benefits that he has a meritorious claim. Walker v. J & J Pest Control, 270 Ark. 941, 606 S.W.2d 597 (1980).

Strict Compliance with Exclusionary Provisions.

Where a city was covered by a private workers' compensation policy, but failed to furnish a copy to the Workers' Compensation Commission by a specified date, two widows of city policemen were entitled to coverage from both the private plan and the municipal aid fund under this section since this section automatically extends state fund coverage to city employees in workers' compensation cases unless there is strict compliance with all the exclusionary provisions of the fund act; the failure of the city to strictly comply with the fund act's exclusionary provisions mandates a finding of coincidental or dual coverage and, consequently, dual liability. City of Waldo v. Poetker, 3 Ark. App. 12, 621 S.W.2d 491 (1981), aff'd, 275 Ark. 216, 628 S.W.2d 329 (1982).

21-5-601. Title.

This subchapter shall be known and cited as the “Public Employee Workers' Compensation Act”.

History. Acts 1979, No. 809, § 3; A.S.A. 1947, § 12-3603.

Case Notes

Cited: South Cent. Ark. Drug Task Force v. Ray, 56 Ark. App. 30, 937 S.W.2d 682 (1997).

21-5-602. Legislative intent.

It is the purpose of this subchapter to:

  1. Provide workers' compensation coverage through state funds for all public employees, as defined in this subchapter, who are not otherwise covered under a workers' compensation liability insurance policy written and issued by a private workers' compensation liability carrier;
  2. Consolidate the administration of benefits for the public employees covered by state funds;
  3. Consolidate the legal representation and defense of the state workers' compensation funds; and
  4. Establish and define the Public Employee Claims Division of the State Insurance Department as the unit of state government charged with payments of benefits provided by this subchapter.

History. Acts 1979, No. 809, § 2; 1981, No. 929, § 3; A.S.A. 1947, § 12-3602.

Case Notes

Cited: South Cent. Ark. Drug Task Force v. Ray, 56 Ark. App. 30, 937 S.W.2d 682 (1997).

21-5-603. Definitions.

  1. The term “public employee”, as used in this subchapter, includes:
    1. State employees and officers of any state agency, board, commission, department, institution, college, university, or community college receiving an appropriation for regular salaries, extra help, or authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly, provided that inmates of state correctional facilities who perform work for the state while incarcerated or while on a work-release program shall not be considered state employees;
    2. Public school employees and officers of the various school districts of this state;
      1. Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities.
      2. However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter;
      1. County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees.
      2. However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and
    3. Emergency services volunteer workers duly qualified and registered as provided in § 12-75-129 when such emergency services volunteer workers are acting subject to the order, control, or pursuant to a request of, and under the supervision and instruction of the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency service volunteer workers.
  2. The term “public employer”, as used in this subchapter, means:
    1. Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited in the State Treasury or depositories other than the State Treasury by the General Assembly;
      1. Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas.
      2. Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter.
      3. Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter;
      1. Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas.
      2. However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter;
    2. Any of the various school districts in the State of Arkansas; and
    3. The Arkansas Department of Emergency Management and any local government unit making use of emergency service volunteer workers.
  3. The term “reserve value”, as used in this subchapter, means the present value of all payments to be made to or on behalf of any public employee claimant based upon such reasonable tables of experience and regular interest as the Director of the Public Employee Claims Division shall adopt from time to time.
  4. The term “director”, as used in this subchapter, shall refer to the Director of the Public Employee Claims Division.

History. Acts 1979, No. 809, § 1; 1981, No. 929, §§ 1, 2; A.S.A. 1947, § 12-3601; Acts 1993, No. 901, § 4; 1999, No. 646, §§ 63, 64.

Amendments. The 1999 amendment substituted “Arkansas Department of Emergency Management” for “State Office of Emergency Services” in (a)(5) and (b)(5).

Cross References. Workers' compensation, § 11-9-101 et seq.

Case Notes

State Employees and Officers.

An employee of the South Central Arkansas Drug Task Force was a state employee and entitled to benefits under this subchapter. South Cent. Ark. Drug Task Force v. Ray, 56 Ark. App. 30, 937 S.W.2d 682 (1997).

Cited: Rose v. Arkansas State Police, 479 U.S. 1, 107 S. Ct. 334, 93 L. Ed. 2d 183 (1986).

21-5-604. Workfare participants excluded.

  1. A workfare participant by participating in workfare does not enter into any employment contract, expressed or implied, with the State of Arkansas or its several political subdivisions. Participation in the project is for the purpose of retaining food stamp benefits and not for employment with the State of Arkansas or its political subdivisions.
  2. The relationship of a workfare participant to the State of Arkansas or to any of its political subdivisions shall not be deemed to be an employer-employee relationship.
  3. Workfare participants shall not be considered public employees covered by the state workers' compensation funds and therefore are excluded from workers' compensation coverage under this subchapter.

History. Acts 1981, No. 916, §§ 1-3; A.S.A. 1947, §§ 12-3609 — 12-3611.

21-5-605. Public Employee Claims Division.

  1. There is created a Public Employee Claims Division within the State Insurance Department.
  2. The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner.
  3. The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas.
  4. Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved.
    1. The division shall determine in every claim where compensation is awarded the reserve value of such claim.
    2. Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period.
    3. The report shall be submitted to the Insurance Commissioner between June 30 and September 30.
    1. In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly.
    2. The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410.
      1. The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury.
      2. In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410, provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.

History. Acts 1979, No. 809, §§ 4, 5; 1981, No. 929, § 4; 1985, No. 285, § 1; A.S.A. 1947, §§ 12-3604, 12-3605.

Case Notes

Cited: Public Emple. Claims Div. v. Clark, 2018 Ark. App. 215 (2018).

21-5-606. Division attorneys.

  1. The Director of the Public Employee Claims Division shall appoint lawyers of recognized ability admitted to practice in all state courts.
  2. The lawyers shall be the attorneys for the Public Employees Claims Division and shall represent the public employer before the Workers' Compensation Commission in any claim filed pursuant to this subchapter and shall perform such other duties as the director may designate.
  3. The attorneys of any state agency, department, or institution against which a workers' compensation claim is filed by an employee may represent their respective agencies before the commission and in the courts of this state with respect to claims filed under this subchapter against their agencies, departments, or institutions, provided that the representation and defense of the state workers' compensation funds, administered by the division, shall be coordinated with the attorneys for the division and shall be under the supervision of the director.

History. Acts 1979, No. 809, § 7; 1981, No. 929, § 5; A.S.A. 1947, § 12-3607.

21-5-607. Claim, review, and appeal procedures.

To the extent not in conflict with this subchapter, the method and procedure of filing claims on behalf of the public employee and the review and appeal of compensation orders or awards of the Workers' Compensation Commission shall be the same as those provided by law and the rules of the commission, with respect to claims filed by private employers and employees.

History. Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605; Acts 2019, No. 315, § 2325.

Amendments. The 2019 amendment deleted “and regulations” following “rules”.

21-5-608. Report of injury, death, or exposure.

  1. The appropriate public employer shall file with the Public Employee Claims Division, within ten (10) days after receiving notice of any personal injury, death, or occupational disease of any public employee, a report:
    1. Showing the date, time, and place of the injury, death, or exposure;
    2. Stating briefly the circumstances and extent of the injury, death, or exposure;
    3. Stating the name of the injured or deceased person; and
    4. Stating the names of all the witnesses.
  2. The report shall be made on forms approved by the division.

History. Acts 1979, No. 809, § 6; A.S.A. 1947, § 12-3606.

21-5-609. Benefits for emergency service volunteer workers.

  1. Benefits payable for the injury or death of a person appointed and regularly enrolled in an emergency services organization and covered by this subchapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Such benefits are payable if the injury or death occurred while the person was:
    1. Actually engaged in emergency service duties, either during training or during a period of emergency; and
    2. Under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency volunteer workers.
  2. The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state.
    1. For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed local government or state employees and shall receive compensation and their survivors shall receive death benefits in the same manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers.
      1. If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund.
      2. If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.
    1. For the purpose of subsection (c) of this section, the weekly compensation benefits for an emergency services volunteer worker who receives no monetary compensation for services rendered as such a worker shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular local or state employee, with respect to injury, disability, or death.
    2. The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the emergency services volunteer worker.

History. Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605; Acts 1999, No. 646, § 65; 2005, No. 1962, § 99.

Amendments. The 1999 amendment substituted “Arkansas Department of Emergency Management” for “State Office of Emergency Services” in (a)(2).

The 2005 amendment, in (d)(2), substituted “expenses for” for “expenses incurred in response to an emergency situation such as” and “or similar expenses incurred in response to an emergency situation” for “et cetera” and deleted “and” preceding “required.”

21-5-610. Workers' compensation benefits in conjunction with certain other benefits.

In the event that any public employee is entitled to receive workers' compensation benefits under the provisions of this subchapter, as a result of injury, disability, or death, and the injury, disability, or death also gives rise to an entitlement of benefits under a state or federal program or an act of the United States Congress which provides benefits for public safety officers who serve a public agency in an official capacity, with or without compensation, as a law enforcement officer or as a firefighter or in any other capacity, the state workers' compensation funds shall be entitled to a credit against its liability for payment of workers' compensation benefits to the extent of the benefits received under any state or federal program or act of the United States Congress.

History. Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605.

Publisher's Notes. This section was held to be preempted by federal law in Rose v. Arkansas State Police. See case note.

Research References

U. Ark. Little Rock L.J.

Survey — Workers' Compensation, 10 U. Ark. Little Rock L.J. 251.

Case Notes

Constitutionality.

Because the Public Safety Officers' Death Benefits Act, 42 U.S.C. § 3796 et seq., prohibits states from offsetting their death benefits against the federal payment, this section is invalid. Rose v. Arkansas State Police, 479 U.S. 1, 107 S. Ct. 334, 93 L. Ed. 2d 183 (1986).

Subchapter 7 — Death Benefits

Cross References. Accumulated leave or vacation, § 21-4-401 et seq.

Death benefits for State Police Officers, or any police officer in the State Highway and Transportation Department, § 12-8-212.

Effective Dates. Acts 1973, No. 150, § 2: July 1, 1973.

Acts 1987, No. 349, §§ 3, 5: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that emergency medical technicians are not currently covered by the law which provides for death benefits for survivors of law enforcement officers and firefighters. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989, No. 15, § 7: Jan. 1, 1988. Emergency clause provided: “It is hereby found and determined by the General Assembly that under current law there is no provision made for the surviving parents of a law enforcement officer injured or killed in the line of duty to be eligible for payment of claims as currently provided for, and it is the intention of the General Assembly to rectify this inequity in the law by passage of this Act. Therefore, an emergency is declared and this Act being immediately necessary to the preservation of public peace, health and safety shall be in full force from January 1, 1988.”

Acts 1999, No. 630, § 5: Mar. 16, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that at least one dependent child of a disabled policeman who would have been entitled to scholarship benefits had application been made prior to August 31, 1997, but who was denied those benefits because the minor is just now graduating from high school; and whereas this act will allow that child to apply for the scholarship benefits provided for the children of totally disabled policemen; and whereas unless this emergency clause is adopted this act will not be in effect until after the beginning of the fall college semester. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

21-5-701. Definitions.

As used in this subchapter:

  1. “Child” or “children” means any natural child, adopted child, or stepchild who is eligible under § 21-5-707;
  2. “Coroner” means a coroner or a deputy coroner who is engaged in official duty at a crime scene or death location;
  3. “Covered public employee” means a police officer, firefighter, state highway employee, state correction employee, Division of Community Correction employee, jailer, qualified emergency services worker, wildlife enforcement officer, emergency medical technician, Arkansas Forestry Commission employee, commissioned law enforcement personnel, member of the Arkansas National Guard on state active duty, or emergency response personnel of the Department of Parks, Heritage, and Tourism;
  4. “Division of Community Correction employee” means any employee of the Division of Community Correction who is subject to injury through contact with parolees, probationers, or center residents;
  5. “Emergency medical technician” means emergency medical services personnel as defined in § 20-13-202;
  6. “Firefighter” means any member of a fire department or firefighting unit of any city of the first class or city of the second class, or any town, or any unincorporated rural area of this state who actively engages in the fighting of fires on either a regular or voluntary basis, or any instructor of the Arkansas Fire Training Academy, or any member of the firefighting organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Maneuver Training Center;
  7. “Jailer” means an employee of a city, town, or county who, while engaged in official duty as a detention or transport officer, is subject to injury through contact with inmates, detainees, parolees, or probationers;
  8. “Police officer” means:
    1. Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force on a full-time or part-time basis, the Division of Arkansas State Police, or any member of the law enforcement organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Maneuver Training Center;
    2. A sheriff or deputy sheriff of a county who is engaged in official duty; or
    3. A constable or night marshal of a town of this state engaged in official duty;
  9. “Qualified emergency services worker” means a state, local, volunteer, and other emergency responder as defined in § 12-75-103;
  10. “State correction employee” means an employee of the Division of Correction or the Corrections School System who is subject to injury through contact with inmates or parolees of the Division of Correction;
  11. “State highway employee” means an employee of the Arkansas Department of Transportation who is physically present on a roadway, bridge, or right-of-way of the state highway system or other public transportation facility and who is:
    1. Actively engaged in highway maintenance, construction, traffic operations, or the official duties of his or her employment; or
    2. Supervising, reviewing, evaluating, or inspecting highway maintenance, construction, or traffic operations; and
  12. “Wildlife enforcement officer” means an employee of the Arkansas State Game and Fish Commission who actively engages, on a full-time or part-time basis, in the enforcement of the boating safety laws and regulations enacted for the protection of game, fish, furbearing animals, and other wildlife of the State of Arkansas.

History. Acts 1969, No. 43, § 1; 1973, No. 399, § 1; 1977, No. 812, § 1; 1977, No. 936, § 1; 1981, No. 437, § 1; 1981, No. 890, § 1; 1985, No. 839, § 2; A.S.A. 1947, § 12-2347; Acts 1987, No. 349, § 1; 1987, No. 404, § 1; 1991, No. 409, § 1; 1997, No. 547, § 1; 2001, No. 113, § 4; 2013, No. 543, § 1; 2015, No. 1058, § 1; 2017, No. 707, § 73; 2019, No. 767, § 1; 2019, No. 910, §§ 998-1000.

Amendments. The 2001 amendment arranged the subdivisions in alphabetical order; in (2), inserted “Department of Community Correction employee” and substituted “State” for “Arkansas” preceding “Forestry”; inserted present (3); substituted “means” for “shall mean” in present (5); and added (10).

The 2013 amendment rewrote (9).

The 2015 amendment inserted (2) and (7) and redesignated remaining subdivisions accordingly; inserted “jailer” in (3); substituted “services personnel” for “technicians” in (5); inserted “city of the” preceding “second class” in (6); substituted “Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Maneuver Training Center” for “Camp Robinson Military Reservation or of Fort Chaffee” in (6) and (8)(A); substituted “responder” for “services worker” in (9); and substituted “Corrections School System” for “Department of Correction School District” in (10).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (11).

The 2019 amendment by No. 767 inserted “member of the Arkansas National Guard on state active duty” in (3).

The 2019 amendment by No. 910, in (3), substituted “Division of Community Correction” for “Department of Community Correction”, and substituted “Department of Parks, Heritage, and Tourism” for “State Parks Division of the Department of Parks and Tourism”; substituted “Division of Community Correction” for “Department of Community Correction” twice in (4); and substituted “Division of Correction” for “Department of Correction” twice in (10).

21-5-702. Jurisdiction of Arkansas State Claims Commission regarding claims filed under subchapter.

  1. The Arkansas State Claims Commission is vested with exclusive jurisdiction of, or authority with respect to, all claims filed against the state under this subchapter.
  2. The commission shall make a determination as to whether a death or total and permanent disability was or was not in the official line of duty.

History. Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 2.

21-5-703. Procedures for filing claims.

  1. All claimants shall be subject to the same rules as are provided by the law governing procedure before the Arkansas State Claims Commission.
  2. All claims asserted under this subchapter shall be filed within five (5) years of the following:
    1. The date of the covered public employee's death;
    2. The date of the incident causing the covered public employee's total and permanent disability; or
    3. The date the covered public employee permanently leaves the employment position covered by this subchapter.
  3. Unless § 6-82-504(e) is applicable, the commission shall award any scholarship benefit provided by the provisions of § 6-82-501 et seq. at the same time any death benefit or total and permanent disability benefit is awarded under this subchapter.

History. Acts 1969, No. 43, § 3; A.S.A. 1947, § 12-2349; Acts 1997, No. 547, § 3; 1999, No. 630, § 1; 2005, No. 1962, § 100; 2019, No. 315, § 2326.

Amendments. The 1999 amendment, in the introductory paragraph of (d), deleted “State Police employee or” following “child of any,” and inserted “Arkansas” and “or law enforcement officer”; substituted “March 16, 1999” for “August 1, 1997” in (d)(3); and made stylistic changes.

The 2005 amendment deleted “Except as provided in subsection (d) of this section” in (b); and deleted (d).

The 2019 amendment deleted “and regulations” following “rules” in (a).

21-5-704. Payment of claim to covered public employees, their designated beneficiaries, or their survivors — Funds — Definition.

      1. The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award:
        1. If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee;
        2. Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse;
        3. If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or
        4. If the covered public employee is unmarried at the date of his or her death:
          1. The covered public employee's surviving dependent children split the award in equal shares;
          2. The covered public employee's children split the award in equal shares if there are no surviving dependent children; or
          3. The covered public employee's surviving parents split the award in equal shares if there are no surviving children.
      2. In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance:
        1. If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee;
        2. Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse;
        3. If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or
        4. If the deceased police officer or firefighter is unmarried at the date of his or her death:
          1. The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares;
          2. The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or
          3. The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.
      1. If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability.
      2. Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission.
    1. All allowances as provided for in this section for the designated beneficiary, surviving spouse, surviving children, or surviving parents of covered public employees killed while performing official duties, or allowances provided covered public employees who are totally and permanently disabled while performing official duties, shall be paid totally from state funds appropriated therefor.
      1. Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes.
        1. Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account.
        2. The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.
  1. It is the intent of this subchapter that twenty-five thousand dollars ($25,000) of the total obligation of providing the benefits provided by this subchapter, even though the funds are to be administered by the Arkansas State Claims Commission, are to be defrayed from state funds and are not to be charged against, or recovered against, any turnback moneys due the cities or counties of this state or allocated to the state highway system of this state or to the Division of Correction or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund.
    1. A person who claims a benefit under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that:
      1. Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and
      2. Discloses the existence of any last will and testament of the decedent.
    2. If a person who claims a benefit fails to list all known surviving children as required by subdivision (d)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.
  2. As used in this section, “surviving dependent children” means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.

History. Acts 1969, No. 43, § 2; 1973, No. 150, § 1; 1973, No. 399, § 2; 1977, No. 936, § 2; 1981, No. 890, § 2; 1985, No. 839, § 1; A.S.A. 1947, § 12-2348; Acts 1987, No. 349, § 2; 1989, No. 15, §§ 1, 2; 1989, No. 345, § 2; 1997, No. 547, § 4; 2009, No. 1313, § 1; 2017, No. 707, § 74; 2019, No. 785, § 3; 2019, No. 910, §§ 1001, 1002.

A.C.R.C. Notes. Acts 2009, No. 1313, § 4, provided: “The provisions of this act are retroactive to July 1, 2008.”

Amendments. The 2009 amendment inserted “their designated beneficiaries” in the section heading; inserted “designated beneficiary or, if there is no designated beneficiary, then to the” in (a)(1)(A) and (a)(1)(B); substituted “fifty thousand dollars ($50,000)” for “twenty-five thousand dollars ($25,000)” in (a)(1)(A); rewrote (b); inserted “twenty-five thousand dollars ($25,000)” in (c); and made minor stylistic changes.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(2)(A).

The 2019 amendment by No. 785 rewrote (a)(1); substituted “If” for “In the event” and “suffers” for “shall suffer” in (a)(2)(A); and added (d) and (e).

The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” twice in (b)(2)(A) and in (c).

Research References

U. Ark. Little Rock L.J.

Arkansas Law Survey, Baker, Workers' Compensation, 9 U. Ark. Little Rock L.J. 213.

21-5-705. Payment of claim to designated beneficiaries or survivors of certain specified public employees killed in the line of duty — Funds — Definitions.

  1. The state shall pay the additional sum of one hundred fifty thousand dollars ($150,000) to the qualified recipient or recipients of a:
    1. Police officer, wildlife enforcement officer, commissioned law enforcement officer or emergency response employee of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, employee of the Division of Correction, jailer, or coroner whose death occurred:
      1. After January 1, 2003; and
      2. Either:
        1. In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or
        2. In the line of duty while the officer or employee was performing emergency medical activities;
    2. Firefighter, emergency medical technician, or employee of the Arkansas Forestry Commission killed after July 1, 1987, while responding to, engaging in, or returning from a fire, a rescue incident, a hazardous material or bomb incident, an emergency medical activity, or simulated training thereof; and
        1. Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty.
        2. Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service.
      1. A death benefit under subdivision (a)(3)(A) of this section shall be limited to:
        1. A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and
        2. A firefighter who is under sixty-eight (68) years of age.
        1. The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer.
        2. The panel shall consist of the following seven (7) individuals to be appointed by the Governor:
          1. One (1) licensed oncologist;
            1. Two (2) firefighters paid by the state, a county, or a municipality.
            2. One (1) firefighter under subdivision (a)(3)(C)(ii)(b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association;
            1. Two (2) volunteer firefighters.
            2. One (1) firefighter under subdivision (a)(3)(C)(ii)(c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association;
          2. One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and
          3. One (1) citizen with experience in either cancer and healthcare professions or firefighter relations.
          1. Panel members shall serve a term of four (4) years.
          2. In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.
          1. The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel.
          2. Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section.
        3. The panel shall select a chair and vice chair during the first annual meeting of each four-year term.
        4. Four (4) members of the panel constitute a quorum to transact business.
        5. The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq.
        6. The panel shall:
          1. Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters;
          2. Review claims for death benefits of firefighters who have died of cancer; and
          3. Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section.
      2. This section:
        1. Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and
        2. Does not grant a cause of action against the state, a county, a city, or a municipality.
  2. In addition to the benefits provided for in subsection (a) of this section, the state shall pay the additional sum of twenty-five thousand dollars ($25,000) to the qualified recipient of any police officer, wildlife enforcement officer of the Arkansas State Game and Fish Commission, commissioned law enforcement officer of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, or employee of the Division of Correction:
    1. Who was wearing a bulletproof vest approved by the Director of the Department of Arkansas State Police or the Director of the Division of Arkansas State Police; and
    2. Whose death occurred:
      1. After July 1, 1989; and
      2. In the official line of duty as the result of a criminal action of another person or persons.
    1. Except as provided in subdivision (c)(2) of this section, the benefits shall be paid totally from state funds appropriated for these benefits. The funds shall not be reimbursed by a transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund.
      1. Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account.
      2. The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.
  3. The additional benefits provided in this section shall be paid to the qualified recipient in four (4) equal annual payments, t