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 is the ASRS Regulatory Agenda for calendar year 2015 and 2016.
Information on Rules
Explanation of Rules
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 rulemaking. Governor Doug Ducey instituted a rulemaking moratorium in Executive Order 2016-03 that will expire on December 31, 2016. 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
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.
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
Notice of Substantive Policy Statement for R2-8-126 Rules Under Development
> The ASRS has filed a Notice of Proposed Rulemaking with the Arizona Secretary of State in order to establish a Return to Work (RTW) provision in its rules. The Notice of Proposed Rulemaking is located in the Arizona Administrative Register at 22 A.A.R. 3013 and in the document below.
An Oral Proceeding regarding the proposed rule will be held as follows:
Date: November 21, 2016
Time: 9:00 a.m.
Location: Arizona State Retirement System
10th Floor Board Room
3300 N. Central Ave.
Phoenix, AZ 85012-0250
Notice of Proposed Rulemaking: Return to Work
> The ASRS has filed a Notice of Proposed 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 Proposed Rulemaking is located in the Arizona Administrative Register at 22 A.A.R. 2555 and in the document below.
Notice of Proposed Rulemaking: Board Appeals
> The ASRS has filed a Notice of Proposed Rulemaking with the Arizona Secretary of State in order to amend two rules in 2 A.A.C. 8, Article 7 relating to contributions not withheld. The Notice of Proposed Rulemaking is located in the Arizona Administrative Register at 22 A.A.R. 2079 and the document below.
Notice of Proposed Rulemaking: Contributions Not Withheld
> The ASRS has filed a Notice of Docket Opening with the Arizona Secretary of State in order to establish rules in 2 A.A.C. 8, Article 8 relating to recovery of overpayments. The Notice of Docket Opening is located in the Arizona Administrative Register at 22 A.A.R. 2082 and in the document below.
Notice of Docket Opening: Overpayments
> The ASRS has filed a Notice of Docket Opening with the Arizona Secretary of State in order to establish rules in a new article at 2 A.A.C. 8, Article 9 relating to compensation. The Notice of Docket Opening is located in the Arizona Administrative Register at 22 A.A.R. 2055 and in the document below.
Notice of Docket Opening: Compensation
> The ASRS has filed a Notice of Proposed Rulemaking with the Arizona Secretary of State in order to amend rules in 2 A.A.C. 8, Article 6 relating to Public Participation in Rulemaking. The Notice of Proposed Rulemaking is located in the Arizona Administrative Register at 22 A.A.R. 1879 and in the document below.
Notice of Proposed Rulemaking: Public Participation in Rulemaking
Notice of Docket Opening: Establish Long Term Disability in rule.
> The ASRS has filed a Notice of Docket Opening with the Arizona Secretary of State in order to establish rules in 2 A.A.C. 8, Article 2, relating to the health insurance Premium Benefit. The Notice of Docket Opening is located in the Arizona Administrative Register at 22 A.A.R. 822 and in the document below.
Notice of Docket Opening: Establish HI Premium Benefit in rule.
Recent Rules Approved
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.
ALTERNATE CONTRIBUTION RATE
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 DEFINITIONS AND BENEFICIARY DESIGNATIONS
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
In 2016, the ASRS is scheduled to submit a Five-Year Review Report to GRRC by December 2016 for its rules contained in 2 A.A.C. 8, Article 7 relating to Contributions Not Withheld. On May 5, 2016, 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
In 2016, the ASRS is scheduled to submit a Five-year Review Report to GRRC for its rules as follows:
2 A.A.C. 8, Article 6, by March 2016
2 A.A.C. 8, Article 7 by December 2016