Tier One Trooper

Post-Retirement Death Benefits

Tier One Post Retirement Death Benefits

At retirement, a member is entitled to a straight life annuity. When the retiree dies, his or her survivors can receive a portion of the retiree’s annuity. Survivors are a spouse and dependent children. The retiree’s annuity is not reduced to provide these benefits.

Surviving Spouse

The retiree’s surviving spouse is entitled to receive an annuity (a monthly benefit).

The surviving spouse receives a percentage of the member’s annuity. That percent depends on whether the surviving spouse is caring for the member’s dependent children, who were born before retirement. Spouse may receive 75% of the member’s annuity if caring for dependent children and 50% of the member’s annuity if there are no dependent children. The surviving spouse’s annuity ends upon remarriage or death.

Dependent Children

The member’s dependent children are entitled to receive an annuity. A child is a dependent child until his or her marriage or attainment of age 18, whichever occurs first. The age 18 maximum can be extended to age 23 if the child is continuously enrolled as a full-time student at an accredited secondary school or institution of higher education or for any child who an Arkansas court, or the Board of Trustees of the State Police Retirement System (Board), has deemed physically or mentally incompetent. If a member has a surviving spouse who is caring for the dependent children, the children’s benefits will be payable to the spouse. If no benefits are payable to a spouse, then the children receive an equal share of 75% of the retiree’s annuity; but the maximum benefit payable to any individual child is 25% of the retiree’s annuity.

Annuity Options

Before the date his or her first annuity payment becomes due, a noncontributory Tier One member may elect to have his or her annuity reduced and designate a beneficiary under the annuity options for Tier Two members. This option should only be considered if the automatic survivor benefits for Tier One members do not meet the member’s personal or financial circumstances.

Effective Date of Benefits

The effective date of benefits payable to any survivor is the first day of the calendar month following the month in which the member dies, regardless of when the survivor applies for benefits.

It is important that members and their families understand how the retirement system can help provide a secure income to the family when a member dies. Discuss this information with family members and advise them to contact us in the event of your death.

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Disclaimer on Benefits and Rights

Disclaimer Concerning Benefit Calculations, Benefit Projections, Counseling, and Certain Conditions Regarding APERS Benefits and Rights

The purpose of this Disclaimer is to summarize, in plain language, existing APERS policy concerning benefit calculations, benefit projections, counseling, and certain conditions regarding APERS benefits and rights. This Disclaimer does not reflect any alteration or amendment of existing APERS policy. This site includes general information about APERS programs and benefits and may not represent or include completely the law and/or rules that govern APERS. Arkansas law and/or administrative rules will supersede any information in conflict.

APERS strives to provide accurate information and assistance to plan participants who have questions regarding their APERS benefits. All information and calculations concerning benefits are based upon current law and policy, even though information often concerns future benefits. Likewise, laws and policies affecting plan participants are subject to change from time to time. The Arkansas General Assembly, U. S. Congress, federal agencies, and the APERS Board of Trustees may change how benefits are calculated and change other rights of plan participants. Any benefit projection or information provided by APERS is subject to future law or policy that is applicable to APERS.

APERS staff depends upon information provided by the plan participants and offers counseling and projects future benefit estimates based upon that information. Such estimates can vary materially from actual results. Calculations concerning benefits, as well as the information APERS provides during counseling, can be materially affected if the plan participant provides inaccurate or incomplete information, or omits material facts. Plan participants are presumed to have knowledge of all publicly available laws and policies that affect their APERS benefits and rights. APERS is under no duty to ensure that plan participants are specifically informed of a new law or policy unless required within the law or policy itself. If APERS attempts to notify plan participants who may be affected by a change of a law or policy, the failure to notify a specific plan participant does not create any right or cause of action for the plan participant.

APERS does not provide plan participants with specific recommendations regarding retirement options, tax advice, or legal advice. Each plan participant is solely responsible for determining whether benefit calculations, benefit projections, benefit estimates, and retirement plan options are suitable for the plan participant based upon his or her specific retirement objectives and personal and financial situation. APERS encourages plan participants to consult their own lawyer, accountant, tax professional, or other retirement adviser before making a decision that affects their benefits and rights regarding APERS.

Federal law and policy, state law and policy, APERS records and documents, and accurate data always govern the final determination of plan participant benefits and rights. An error by APERS does not create any common law rights on behalf of the plan participant. The rights of a plan participant are solely governed by the rights set forth in law and policy applicable to APERS.