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Arizona Administrative Code

The Arizona Administrative Code is where the official rules of the state of Arizona are published. The Code is the official compilation of rules that govern state agencies, boards and commissions. The Arizona State Retirement System is responsible for ensuring that all ASRS rules, five-year-review reports and substantive policy statements meet statutory requirements and are clear, concise and understandable. ASRS official rules are published in the Arizona Administrative Code, and can be found in Title 2, Administration, Chapter 8, State Retirement System Board, of the Code. The Secretary of State provides an on-line version of the Code at: Arizona Administrative Code

Please be aware that Arizona Administrative Code is only updated every three months, and that newer rules may be in effect than the ones published in the Code. 

Below are the annual (calendar year) ASRS Regulatory Agendas:

 Regulatory Agenda - 2018

 Regulatory Agenda - 2017

 Regulatory Agenda - 2016

Information on Rules

Explanation of Rules

Generally speaking, a rule is an administrative law that is created by a government entity to clarify requirements the agency imposes on the public based on a statute that allows the agency to regulate certain activities.

According to the Arizona Revised Statutes, a rule is "an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intra-agency memoranda that are not delegation agreements." A.R.S. § 41-1001(19).

Explanation of Substantive Policy Statements

According to the Arizona Revised Statutes, a substantive policy statement is “a written expression which informs the general public of an agency's current approach to, or opinion of, the requirements of the federal or state constitution, federal or state statute, administrative rule or regulation, or final judgment of a court of competent jurisdiction, including, where appropriate, the agency's current practice, procedure or method of action based upon that approach or opinion. A substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents which only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties, confidential information or rules made in accordance with this chapter.” A.R.S. § 41-1001(22).

In other words, substantive policy statements are filed with the Secretary of State in order to provide notice to the public about how an agency handles certain legal requirements, but substantive policy statements do not impose additional requirements on the public. Currently, the ASRS does not have any substantive policy statements on file with the Secretary of State.

ASRS Rules Procedures

The rulemaking process is the way government entities may create rules. There are four basic types of rulemaking: regular, exempt, emergency and expediated. The ASRS generally follows the regular rulemaking process, located in the Arizona Administrative Procedures act outlined in A.R.S 41-1001 through 41-1057.

Those procedures require various documents to be filed with the Secretary ofState and the Governor's Regulatory Review Council. The following documents must be filed in this order:

Notice of Docket Opening (NDO) - To inform the public that the agency is planning to change or add to its rules.

Notice of Proposed Rulemaking (NPR) - To inform the public of how the agency is going to change or add to the rules and allow a miniumum of 30 days for public comment.

Notice of Final Rulemaking (NFR) - To inform the public of how the agency has changed or added to the rules.

These documents are part of the rulemaking record and are available for public inspection at the ASRS Phoenix office.

Rulemaking Moratorium

Before engaging in the rulemaking process, the ASRS must obtain approval from the Governor’s Office for each specific rulemaking. Governor Doug Ducey instituted a rulemaking moratorium in Executive Order 2017-02 that will expire on December 31, 2017. The rulemaking moratorium requires most state agencies to seek approval from the Governor's Office before proceeding with rulemaking actions. The ASRS complies the Executive Order and seeks approval from the Governor’s Office before proceeding with any rulemaking actions. If the agency does not obtain approval from the Governor’s Office to proceed with the specific rulemaking, the agency cannot engage in the rulemaking process for that particular rulemaking.

Public Participation

There are multiple opportunities for members of the public to participate in and comment on the rulemaking process. Members of the public are welcome to contact the ASRS at any time to comment on exisitng rules. The public may also participate on proposed rules through written and oral comments. The ASRS schedules an Oral Proceeding for each rulemaking that is open to the public for comment. Oral Proceedings on ASRS proposed rules are generally held at the ASRS Phoenix office, and noticed on this page, under the Rules Under Development column.

For information or to comment on ASRS rules, please contact ASRS Rules Writer, Jessica Thomas, at [email protected] 

(Please note: Correspondence to and from this or other ASRS email addresses is subject to public disclosure under the Arizona Public Records Law.)

Additional Resources

Arizona Administrative Code

The Arizona Administrative Code is where the official rules of the state of Arizona are published. Please be aware that updates are published every three months and newer rules may be in effect.

Arizona Administrative Register

The Arizona Administrative Register is the official publication for tracking rulemaking actions from concept to completion. It is published regularly by the Secretary of State.

Secretary of State

The Secretary of State is the official publisher of the Arizona Administrative Code and the Arizona Administrative Register. The Secretary of State does not interpret or enforce administrative rules.

Governor's Regulatory Review Council

The Governor's Regulatory Review Council (GRRC) is a council of seven members appointed by the Governor to review agency rulemakings and Five-year Review Reports. Before submitting a Notice of Final Rulemaking to the Secretary of State for publication in the Arizona Administrative Register, an agency must obtain approval from GRRC. The council meets twice a month.

Required Notices

Ability to Petition

A person may petition the ASRS and/or the Governor’s Regulatory Review Council to review an agency rule or agency practice, pursuant to A.R.S. § 41-1033

To submit a petition to the Governor’s Regulatory Review Council, visit the council’s website

To submit a petition to the ASRS, contact Jessica Thomas at [email protected].  

Input Needed for "Regulation Rollback"

A new rulemaking initiative called "Regulation Rollback" is being implemented by the Governor's Office and your input is needed. "Regulation Rollback" is a strategic step in the Governor's ongoing work to make Arizona the best state in the nation for businesses and consumers alike. However, a lot of work still needs to be done to make sure outdated rules aren't slowing Arizona down.

Read on for more details and how to submit your suggestions.

Rules Under Development

Compensation

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order to establish rules in 2 A.A.C. 8, Article 9, relating to compensation. The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 2754 and in the document below.

   Notice of Final Rulemaking - Compensation

Board Appeals

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order to amend rules in 2 A.A.C. 8, Article 4, relating to appeals before the Board. The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 2749 and in the document below.

   Notice of Final Rulemaking - Board Appeals

Employer Termination Incentive Programs

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order establish rules in 2 A.A.C. 8, Article 1, relating to employer early termination incentive programs.  The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 2743 and in the document below.

   Notice of Final Rulemaking - Employer Termination Incentive Programs

Long Term Disability

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order establish rules in 2 A.A.C. 8, Article 3, relating to the ASRS Long Term Disability Program.  The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 2746 and in the document below.

   Notice of Final Rulemaking - Long Term Disability

Overpayments

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order establish rules in 2 A.A.C. 8, Article 8, relating to the collection of overpayments.  The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 2750 and in the document below.

   Notice of Final Rulemaking - Overpayments

Health Insurance Premium Benefit

> The ASRS has filed a Notice of Final Rulemaking with the Arizona Secretary of State in order establish rules in 2 A.A.C. 8, Article 2, relating to the Health Insurance Premium Benefit.  The Notice of Final Rulemaking is located in the Arizona Administrative Register at 23 A.A.R. 1414 and in the document below.

    Notice of Final Rulemaking - Health Insurance Premium Benefit  

Purchasing Service Credit

> Notice of Expiration of Rules - Purchasing Service Credit by Indirect IRA Rollover and Purchasing Service Credit by Distributed Rollover Contribution. 

Effective October 20, 2016, R2-8-516 and R2-8-517 have expired and the ASRS no longer accepts indirect rollovers for service purchases. See document below for details.

 Notice of Expiration of Rules - Purchasing Service Credit

Recent Rules Approved

Board Appeals

Effective April 8, 2017 - 2 A.A.C. 8, Article 4 - Board Appeals

 2 A.A.C. 8, Article 4 - Board Appeals

 Economic Impact Statement - Board Appeals 

Return to Work

Effective March 5, 2017 - R2-8-117 Return to Work After Retirement 

 R2-8-117 - Return to Work After Retirement

 Economic Impact Statement - Return to  Work After Retirement

Contributions Not Withheld

Effective January 1, 2017: Article 7 - Contributions Not Withheld  

 Contributions Not Withheld

 Economic Impact Statement - Contributions Not Withheld 

Public Participation in Rulemaking

Effective January 1, 2017: Article 6 - Public Participation in Rulemaking.

Public Participation in Rulemaking 

 Economic Impact Statement - Public Participation in Rulemaking

Calculating Benefits

Effective December 3, 2016 - R2-8-126: Calculating Benefit).

 R2-8-126 - Calculating Benefits

 Economic Impact Statement - Calculating Benefits 

RE: Contributions Not Withheld

Effective September 15, 2016 - Expiration of R2-8-708, Dispute of an ASRS Determination Regarding Contributions Not Withheld.   

 R2-8-708 - 

Alternate Contribution

Effective July 4, 2016: R2-8-116: Alternate Contribution Rate (ACR).

 R2-8-116 - Alternate Contribution Rate

 Economic Impact Statement - Alternate Contribution Rate

Amendments to Article 1

Effective March 6, 2016: R2-8-115, R2-8-118, R2-8-122 & R2-8-126 - Amendments to Article 1.

 R2-8-115, R2-8-118, R2-8-122 & R2-8-126 - Amendments to Article 1

 Economic Impact Statement- Amendments to Article 1

Rules Designation and Beneficiary Designation

Effective Dec. 5, 2015: R2-8-104 & R2-8-115 - Amendments to definitions and beneficary designation provisions

 R2-8-104 & R2-8-115 - Amendments to definitions and beneficary designation provisions

 Economic Impact Statement- Amendments to definitions and beneficary designation provisions

Actuarial Assumptions

Effective January 3, 2015: R2-8-123 - Actuarial Assumptions and Actuarial Value of Assets

 R2-8-123 - Actuarial Assumptions: Final Rulemaking

 Economic Impact Statement - Actuarial Assumptions 

Spousal Consent

Effective October 4, 2014: R2-8-120 - Designating a Beneficary; Spousal Consent to Designation

  R2-8-120 - Designating a Beneficary; Spousal Consent to Designation: Final Rulemaking

 Economic Impact Statement - Spousal Consent

ASRS Five-year Review Report

On January 4, 2017, the Governor's Regulatory Review Council (GRRC) approved the Five-year Review Report on rules contained in 2 A.A.C 8, Article 7 relating to Contrbutions Not Withheld. The final report is located in the document below.

 ASRS Five-year Review Summary - Article 7 

On May 5, 2016, Governor's Regulatory Review Council (GRRC) approved the Five-year Review Report on rules contained in 2 A.A.C. 8, Article 6 relating to Public Participation in Rulemaking.  The final report is located in the document below.

 ASRS Five-year Review Summary - Article 6 

In 2015, the ASRS reviewed all of its rules in 2 A.A.C 8, Articles 1, 4 and 5 and obtained approval from the Governor's Regulatory Review Council (GRRC) at the Aug. 4, 2015 GRRC meeting. The final report approved by GRRC is located in the document below. The ASRS did not review R2-8-201 or R2-8-207 as scheduled and allowed those rules to expire.

 ASRS Five-year Review Summary - Articles 1, 4, 5

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