Ineligible Contributions & Unfunded Liability: A Reminder
The year 2020 has already been challenging for everyone, and we want to make sure it does not get any more challenging for our employer partners. The ASRS is dedicated to the continued education on different statutes, law changes, and/or updates that may directly affect each employer.
An unfunded liability can be very costly to an employer. The ASRS wants to ensure you, the employer, that with proper reporting of contributions and membership, the employer can avoid these costs. Please be vigilant when submitting contributions. If you have any questions regarding a person’s membership or eligible contributions, please submit an Employer Secure Message or call your Employer Quality Analyst (formerly known as Employer Liaison).
A.R.S. § 38-748 requires an employer to pay to ASRS any unfunded liability that results from the ASRS providing benefits or service credit to a person if the employer paid contributions for that person and they were ineligible for ASRS membership by statute. SB1016 made some changes to this statute.
If the person was ineligible for ASRS membership by rule, this law will still apply.
If the person was eligible for ASRS membership, but the employer-paid contributions for that member on monies, which were not ASRS eligible compensation, then this law will apply.
The bill adds a definition of unfunded liability to be used in situations where the ASRS provides benefits based on ineligible compensation.