1. (a)

   1. (1) A municipality which begins participation in Arkansas Public Employees’ Retirement System after July 1, 1981, cannot enroll police officers or firefighters in Arkansas Public Employees’ Retirement System.
   2. (2) Those positions are covered by the provisions of Acts 1981, No. 364, which established the Arkansas Local Police and Fire Retirement System (LOPFI).

2. (b)

   1. (1) Municipalities that were participating in Arkansas Public Employees’ Retirement System as of July 1, 1981, and who were reporting police officers and firefighters to Arkansas Public Employees’ Retirement System, must continue to report police officers and firefighters to Arkansas Public Employees’ Retirement System.

   2. (2)

      1. (A) However, any municipal police department whose employees are covered by Arkansas Public Employees’ Retirement System on July 1, 1997, is authorized by Acts 2001, No. 1541, to transfer those employees hired after July 1, 1997, to the Arkansas Local Police and Fire Retirement System.
      2. (B) Such action must be taken by the governing body of the municipality in accordance with provisions of Acts 2001, No. 1541.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "304 – 1990 (1) – Membership Eligibility for Policeman and Firemen (as amended May 2001)"