1. (a) In accordance with Acts 1999, No. 884, effective July 1, 1999, employers participating in the Arkansas Public Employees’ Retirement System may not establish another state-authorized retirement plan which requires employer contributions.

2. (b)

   1. (1) Before a participating employer may establish another state-authorized retirement plan for its employees, the employer shall submit a copy of the proposed plan and the state law or laws authorizing its creation to the Board of Trustees of the Arkansas Public Employees’ Retirement System for a determination of compliance with Acts 1999, No. 884.

   2. (2)

      1. (A) The board will provide a determination letter to the employer.
      2. (B) If it is determined by the board, after consultation with any needed sources, that the proposed plan is not permitted under Acts 1999, No. 884, the system shall notify the employer that the plan may not be established.
3. (c) In accordance with Acts 2001, No. 1299, any participating employer that has established another state-authorized retirement plan before July 1, 1999, may continue to enroll new employees in that plan or successor plans.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "310 – 1999 (5) – Termination of Other Employer Participating Retirement Plans (as amended May 2001)"