1. (a) When used in the context of Arkansas Code § 24-4-520, “terminate covered employment” shall mean that the employee/employer relationship has been brought to an end and no longer exists in any form, currently or prospectively, between the Arkansas Public Employees’ Retirement System (APERS) member and an APERS covered employer.

2. (b)

   1. (1) For elected public officials, in addition to subsection (a) of this section, “terminate covered employment” includes complying with state law requirements for vacating their office.
   2. (2) A retiring elected public official together with the local official responsible for certifying that the public office has been vacated shall execute an affidavit on a form provided by APERS stipulating compliance with this section.
   3. (3) This affidavit shall be filed with APERS at least thirty (30) calendar days prior to the effective date of retirement.
3. (c) Any prearranged agreement that the member will return to work for any participating employer in any capacity, full-time or part-time, including as a leased employee, before the expiration of the period mandated by Arkansas Code § 24-4-520(b)(1), shall create a rebuttable presumption that the member has not terminated covered employment.
4. (d) A retired judge’s appointment to serve as a special judge in accordance with Arkansas Constitution Amendment 80, § 13 does not constitute a failure to terminate covered employment under Arkansas Code § 24-4-520.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "220– 2009 (8) – Termination of Covered Employment Requires for Retirement (as amended January 2011 and October 2017)"