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![handle is hein.sag/sagar0055 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK (501) 371-2007
ATTORNEV GENERAL
OPINION NO. 86-1
January 7, 1986
The Honorable Morril Harriman
State Senator, District 7
522 Main Street
Van Buren, Arkansas 72956
Dear Senator Harriman:
This letter is in response to your request for an opinion
regarding municipalty participation in the Public Employee's
Retirement System.
The factual background, as presented in your letter, is that
the City of Alma's employees are within the State's Public
Retirement System. The City did not withdraw from the
system prior to January 1, 1982 but now wishes to withdraw
to establish a different type of retirement system.
The question is whether it is legal for the City to withdraw
from the system in light of Ark. Stat. Ann. S12-2506. Ark.
Stat. Ann. §12-2506(C)(b) provides as follows:
Any municipality which has as of the effective date
[March 28, 1981] of this Act, taken its first vote to
withdrawn from such participation, shall be eligible to
withdraw under the provisions of Section 2 [this section]
of Act 586 of 1973 if the final vote to withdraw is
certified to the Board before July 1, 1981. The effective
date of withdrawal must be before January 1, 1982.
[Acts 1957, No. 177, S6, p. 518; 1959, No. 42, 56, p.
34; 1961, No. 64, S3, p. 132; 1963, No. 56, Sl, p. 152;
1969, No. 476, Sl, p. 1327; 1971, No. 228, Sl, p. 514;
1971, No. 30W, Sl, p. 755; 1973, No. 586, SS 1, 2, p.
1589; 1975, No. 577, 51, p. 1598; 1975 (Extended Sess.,
1976), No. 1187, Sl, p. 2907;. 1981, No. 882, Sl, p.
2020; 1983, No. 47, S1, p. 97.]
Pursuant to the facts stated in your request, the municipality
failed to withdraw from the system prior to January 1, 1982
as required in S12-2506(C)(b) (Repl. 1985). There appears
to be no other provision permitting the withdrawal of a
municipality from the system. Prior to the amendment of](ViewImageLocal?handle=hein.sag/sagar0055&div=1&collection=&method=preview&ext=.png&size=3)