The Arkansas Public Employees Retirement System (APERS) provides cities with the ability to provide coverage for employees and officials (A.C.A. § 24-4-303). The law states generally that the mayor and clerk “shall become participating employees upon taking office.” However, the statute permits mayors and clerks of cities¹test of the first class to opt out of APERS in order to participate in the local retirement plans provided for in A.C.A. § 24-12-121.

To opt out of APERS, the mayor or clerk must provide written notice to APERS within 90 calendar days of the date the official assumed office. Once made, this choice is irrevocable. Any employer contributions previously made on behalf of an official who elects not to participate will be refunded to the city and the official will forfeit service credit in the system. Newly elected city attorneys or city treasurers in cities of the first class who are otherwise covered by a local pension fund may also take advantage of these provisions.

To contact APERS, call 501-682-7800 or visit www.apers.org.

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