1. (a)

   1. (1) Public safety credit will be granted:

      1. (A) Only to those positions delineated in Arkansas Code § 24-4-101(34); and
      2. (B) In the instance of police officers, only to those officers:

2. (i) Whose primary duty is law enforcement; and

   1. (ii) Who are certified law enforcement officers.
   2. (2) The police chief, in the case of a municipality, or the sheriff, in the case of a county, must certify in writing to the Arkansas Public Employees’ Retirement System that the officer’s primary duty is law enforcement.
   3. (3) In addition, the officer must be certified by the Arkansas Law Enforcement Training Academy as a certified law enforcement officer or be grandfathered in as of January 1, 1978.

3. (b) Public safety credit will not be granted to:

   1. (1) Civilian or temporary employees of a police department; or

   2. (2)

      1. (A) A municipal police officer or county deputy sheriff whose primary duty is:

         1. (i) Jailer;
         2. (ii) Radio dispatcher;
         3. (iii) Bailiff; or
         4. (iv) Probation officer.

      2. (B) However, an officer assigned to administrative duties may still be considered public safety if he or she meets the specific requirements of Acts 2001, No. 1616.

         1. (c)
   3. (1) In accordance with Acts 1997, No. 485, the term “public safety member” shall not include a member whose employment as a police officer or firefighter occurred on or after July 1, 1997.
   4. (2) If a person who is employed in a public safety member position prior to July 1, 1997, changes covered employers, he or she shall be entitled to public safety credit for any subsequent employment in a qualifying police officer or firefighter position covered by the system that occurs on or after July 1, 1997.

   5. (3) However, if there is a break in service for a period exceeding six (6) consecutive months, he or she shall not be entitled to further public safety credit.

      1. (d) For those civilian firefighters of the Department of the Military who only became public safety members pursuant to Acts 2011, No. 978, the employer contribution rate shall be an additional twelve percent (12%) of the affected individual’s gross salary in addition to the normal employer contribution rate for the affected individual’s position.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "210– 1994 (2) – Public Safety Credit (as amended May 2001 & 2011)"