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2008 Arkansas Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagar0010 and id is 1 raw text is: j1ijE Si,
STATE OF ARKANSAS
THE ATTORNEY GENERAL
DuSTIN McDANIEL
Opinion No. 2008-057
July 8, 2008
The Honorable Steve Faris
State Senator
29476 Highway 67
Malvern, Arkansas 72104-6833
Dear Senator Faris:
I am writing in response to your request for an opinion concerning the
constitutionality of a bill that you are considering proposing at the next regular
session of the General Assembly. You ask:
Specifically, I would like to know whether legislation that would
curtail the Deferred Option Retirement Plan (DROP) found in
Ark. Code Ann. § 24-4-801 et seq. for some categories of state
employees who presently are entitled to elect that benefit would be
constitutional, assuming that such legislation would operate only
prospectively and would not affect those state employees who had
elected to participate in the existing DROP before the effective date
of the considered legislation.
RESPONSE
As you acknowledge in your request, it is impossible to fully address this question
in the abstract, without reference to any specific proposed legislation. It would
also be important to know the precise categories of state employees to be
impacted. I will assume for purposes of your request, however, that the proposed
legislation would eliminate the existing DROP for members of the Arkansas
Public Employees Retirement System (APERS) who had not met the eligibility
requirements to participate in DROP, and for those who had met the requirements
323 CENTER STREET, SurE 200 LITLE ROCK, ARKANSAS 72201
TELEPHONE (501) 682-2007 * FAx (501) 682-8084
INTERNET WEBSITE * http://www.ag.state.ar.us/

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