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Question 1 of 30
1. Question
Consider a scenario where a large manufacturing company, a significant employer in Little Rock, Arkansas, sponsoring a defined benefit pension plan for its long-term employees, declares bankruptcy and ceases operations due to insolvency. Which federal entity is primarily responsible for ensuring that employees receive at least a portion of their accrued pension benefits, thereby safeguarding against complete loss due to the employer’s financial collapse?
Correct
The question asks about the primary mechanism for protecting employees’ accrued pension benefits in Arkansas when a plan sponsor becomes insolvent. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes minimum standards for most voluntarily established retirement plans in private industry to provide protection for individuals in these plans. A key component of ERISA is the Pension Benefit Guaranty Corporation (PBGC), a federal agency that insures the payment of certain retirement benefits from private sector defined benefit pension plans. If a plan sponsor becomes insolvent and the plan is terminated, the PBGC may pay benefits to participants, up to certain limits. This federal insurance is a critical safeguard against the loss of pension benefits due to employer bankruptcy or insolvency. While Arkansas law may have provisions related to employee rights and general insolvency, the specific protection for defined benefit pension plans in cases of sponsor insolvency is primarily governed by federal law, specifically ERISA and the PBGC. State laws generally cannot supersede federal protections established by ERISA for employee benefit plans. Therefore, the PBGC is the most direct and comprehensive mechanism for this protection.
Incorrect
The question asks about the primary mechanism for protecting employees’ accrued pension benefits in Arkansas when a plan sponsor becomes insolvent. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes minimum standards for most voluntarily established retirement plans in private industry to provide protection for individuals in these plans. A key component of ERISA is the Pension Benefit Guaranty Corporation (PBGC), a federal agency that insures the payment of certain retirement benefits from private sector defined benefit pension plans. If a plan sponsor becomes insolvent and the plan is terminated, the PBGC may pay benefits to participants, up to certain limits. This federal insurance is a critical safeguard against the loss of pension benefits due to employer bankruptcy or insolvency. While Arkansas law may have provisions related to employee rights and general insolvency, the specific protection for defined benefit pension plans in cases of sponsor insolvency is primarily governed by federal law, specifically ERISA and the PBGC. State laws generally cannot supersede federal protections established by ERISA for employee benefit plans. Therefore, the PBGC is the most direct and comprehensive mechanism for this protection.
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Question 2 of 30
2. Question
Consider a scenario involving a state employee in Arkansas who participates in the Arkansas Public Employees’ Retirement System (APERS). This employee has been actively contributing to the system for four years and has recently decided to resign from their position to pursue a different career path. According to APERS regulations, what is the status of this employee’s entitlement to a future pension benefit upon their resignation?
Correct
The Arkansas Public Employees’ Retirement System (APERS) provides retirement, disability, and survivor benefits for state employees and certain local government employees. The concept of “vesting” in APERS is crucial, as it determines when a member becomes entitled to a pension benefit, even if they leave employment before reaching retirement age. Vesting in APERS is generally achieved after five years of credited service. This means that an employee who has contributed to APERS for at least five years has earned a right to a future retirement benefit. The benefit amount is calculated based on the member’s final average salary and years of credited service, as well as the applicable benefit multiplier. However, the right to receive the benefit is contingent upon meeting the vesting requirement. Other factors, such as early retirement eligibility (which typically requires a combination of age and service), are separate from the initial vesting right. Understanding the distinction between earning service credit and achieving vested status is fundamental for APERS members.
Incorrect
The Arkansas Public Employees’ Retirement System (APERS) provides retirement, disability, and survivor benefits for state employees and certain local government employees. The concept of “vesting” in APERS is crucial, as it determines when a member becomes entitled to a pension benefit, even if they leave employment before reaching retirement age. Vesting in APERS is generally achieved after five years of credited service. This means that an employee who has contributed to APERS for at least five years has earned a right to a future retirement benefit. The benefit amount is calculated based on the member’s final average salary and years of credited service, as well as the applicable benefit multiplier. However, the right to receive the benefit is contingent upon meeting the vesting requirement. Other factors, such as early retirement eligibility (which typically requires a combination of age and service), are separate from the initial vesting right. Understanding the distinction between earning service credit and achieving vested status is fundamental for APERS members.
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Question 3 of 30
3. Question
A defined benefit pension plan established by an employer operating solely within Arkansas fails to explicitly define its “plan year” within its official plan documents. Considering the relevant federal regulations that inform Arkansas pension law in such circumstances, what is the legally presumed plan year for this plan?
Correct
This question delves into the nuances of determining a “plan year” for a defined benefit pension plan governed by Arkansas law, specifically when the plan document is silent on this critical detail. In the absence of a specific designation within the plan’s governing documents, the Internal Revenue Code (IRC) and its associated regulations provide the default mechanism. Specifically, IRC Section 412(d)(10) and Treasury Regulation Section 1.412(c)(3)-1(g) address this. When a plan is silent, the plan year is generally considered to be the calendar year. This is because the calendar year is the default period for many tax and reporting purposes, and in the absence of a contrary election or designation by the plan sponsor, it serves as the most straightforward and universally applicable period. The Pension Benefit Guaranty Corporation (PBGC) also often defaults to the calendar year for its own purposes when plan years are not clearly defined, aligning with this principle of a default standard. Therefore, for a defined benefit plan in Arkansas that fails to specify its plan year, the calendar year is the legally recognized period.
Incorrect
This question delves into the nuances of determining a “plan year” for a defined benefit pension plan governed by Arkansas law, specifically when the plan document is silent on this critical detail. In the absence of a specific designation within the plan’s governing documents, the Internal Revenue Code (IRC) and its associated regulations provide the default mechanism. Specifically, IRC Section 412(d)(10) and Treasury Regulation Section 1.412(c)(3)-1(g) address this. When a plan is silent, the plan year is generally considered to be the calendar year. This is because the calendar year is the default period for many tax and reporting purposes, and in the absence of a contrary election or designation by the plan sponsor, it serves as the most straightforward and universally applicable period. The Pension Benefit Guaranty Corporation (PBGC) also often defaults to the calendar year for its own purposes when plan years are not clearly defined, aligning with this principle of a default standard. Therefore, for a defined benefit plan in Arkansas that fails to specify its plan year, the calendar year is the legally recognized period.
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Question 4 of 30
4. Question
During a routine actuarial valuation for a defined benefit pension plan sponsored by a company operating in Little Rock, Arkansas, it is discovered that the plan’s assets are insufficient to cover its projected benefit obligations for the current valuation period. This underfunding has arisen due to a combination of lower-than-expected investment returns and an increase in the expected lifespan of plan participants. What is the immediate and primary legal obligation of the employer in this situation under relevant federal and Arkansas pension regulations?
Correct
The question asks about the appropriate action when an employer discovers an underfunding in a defined benefit pension plan governed by Arkansas law. Under the Employee Retirement Income Security Act of 1974 (ERISA), specifically Section 401, and further clarified by the Pension Protection Act of 2006 (PPA), employers are obligated to ensure their defined benefit plans remain adequately funded. Arkansas law, while not superseding federal ERISA requirements, generally aligns with these federal mandates concerning pension funding. If a plan is found to be underfunded, the employer must take corrective action to bring the plan back into compliance. This typically involves making additional contributions to the plan. The specific amount and timing of these contributions are determined by actuarial valuations and the plan’s funding status. Failure to address underfunding can lead to penalties and legal liabilities. Therefore, the immediate and correct course of action is to make the necessary contributions to rectify the underfunding. Other options are either reactive in a way that doesn’t address the core issue of underfunding, or involve actions that are not the primary or immediate requirement.
Incorrect
The question asks about the appropriate action when an employer discovers an underfunding in a defined benefit pension plan governed by Arkansas law. Under the Employee Retirement Income Security Act of 1974 (ERISA), specifically Section 401, and further clarified by the Pension Protection Act of 2006 (PPA), employers are obligated to ensure their defined benefit plans remain adequately funded. Arkansas law, while not superseding federal ERISA requirements, generally aligns with these federal mandates concerning pension funding. If a plan is found to be underfunded, the employer must take corrective action to bring the plan back into compliance. This typically involves making additional contributions to the plan. The specific amount and timing of these contributions are determined by actuarial valuations and the plan’s funding status. Failure to address underfunding can lead to penalties and legal liabilities. Therefore, the immediate and correct course of action is to make the necessary contributions to rectify the underfunding. Other options are either reactive in a way that doesn’t address the core issue of underfunding, or involve actions that are not the primary or immediate requirement.
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Question 5 of 30
5. Question
Consider a member of the Arkansas Public Employees’ Retirement System (APERS) who has accumulated 30 years of creditable service. This member is contemplating retirement and wants to understand the earliest age at which they can receive their full, unreduced retirement benefits. Assuming no special circumstances or legislative changes affecting their plan, what is the earliest age this individual can retire and receive their full pension benefits under APERS regulations?
Correct
The Arkansas Public Employees’ Retirement System (APERS) requires members to meet specific service credit requirements for retirement eligibility. For disability retirement, APERS generally requires a member to have accumulated at least five years of creditable service. For service retirement, the typical requirement is ten years of creditable service. However, APERS also offers an early retirement option, which allows members to retire with reduced benefits. To qualify for early retirement, a member must typically be at least age 55 and have accumulated at least 20 years of creditable service. Alternatively, a member could retire early if they have accumulated at least 25 years of creditable service, regardless of age. The question asks about the earliest age a member can retire with full benefits, which is typically tied to the standard service retirement age and years of service, not early retirement provisions which involve benefit reductions. In Arkansas, the standard age for full service retirement benefits, without penalty, is generally age 60 with at least 10 years of service. The scenario provided describes a member with 30 years of service, exceeding the minimum for both early and standard retirement. The critical element is “full benefits,” which implies meeting the standard retirement age requirement, not an early retirement age with reduced benefits. Therefore, the earliest age for full benefits, given 30 years of service, is age 60.
Incorrect
The Arkansas Public Employees’ Retirement System (APERS) requires members to meet specific service credit requirements for retirement eligibility. For disability retirement, APERS generally requires a member to have accumulated at least five years of creditable service. For service retirement, the typical requirement is ten years of creditable service. However, APERS also offers an early retirement option, which allows members to retire with reduced benefits. To qualify for early retirement, a member must typically be at least age 55 and have accumulated at least 20 years of creditable service. Alternatively, a member could retire early if they have accumulated at least 25 years of creditable service, regardless of age. The question asks about the earliest age a member can retire with full benefits, which is typically tied to the standard service retirement age and years of service, not early retirement provisions which involve benefit reductions. In Arkansas, the standard age for full service retirement benefits, without penalty, is generally age 60 with at least 10 years of service. The scenario provided describes a member with 30 years of service, exceeding the minimum for both early and standard retirement. The critical element is “full benefits,” which implies meeting the standard retirement age requirement, not an early retirement age with reduced benefits. Therefore, the earliest age for full benefits, given 30 years of service, is age 60.
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Question 6 of 30
6. Question
A career educator with the Little Rock School District has accrued 30 years of creditable service with the Arkansas Teacher Retirement System (ATRS). Their highest 36 consecutive months of compensation within the last 10 years of service averaged \( \$75,000 \). Assuming no early retirement reduction factors apply, what is the monthly retirement benefit for this educator?
Correct
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate the procedures for benefit calculations. For a member retiring with 30 years of service, the final average salary is determined by averaging the highest 36 consecutive months of compensation within the last 10 years of creditable service. The benefit formula is 2% multiplied by the number of years of creditable service, multiplied by the final average salary. In this scenario, the member has 30 years of service. The final average salary is \( \$75,000 \). Therefore, the annual retirement benefit is calculated as \( 0.02 \times 30 \times \$75,000 \). This calculation yields \( 0.60 \times \$75,000 = \$45,000 \). This annual benefit is then typically paid in monthly installments. To find the monthly benefit, we divide the annual benefit by 12. So, \( \$45,000 \div 12 = \$3,750 \). The calculation demonstrates the application of the ATRS benefit formula, emphasizing the importance of both creditable service and the final average salary in determining the retirement income. Understanding these components is crucial for members planning their retirement and for administrators ensuring accurate benefit payouts according to Arkansas law. The final average salary calculation, specifically the look-back period and the averaging method, is a key element that can significantly impact the eventual retirement benefit.
Incorrect
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate the procedures for benefit calculations. For a member retiring with 30 years of service, the final average salary is determined by averaging the highest 36 consecutive months of compensation within the last 10 years of creditable service. The benefit formula is 2% multiplied by the number of years of creditable service, multiplied by the final average salary. In this scenario, the member has 30 years of service. The final average salary is \( \$75,000 \). Therefore, the annual retirement benefit is calculated as \( 0.02 \times 30 \times \$75,000 \). This calculation yields \( 0.60 \times \$75,000 = \$45,000 \). This annual benefit is then typically paid in monthly installments. To find the monthly benefit, we divide the annual benefit by 12. So, \( \$45,000 \div 12 = \$3,750 \). The calculation demonstrates the application of the ATRS benefit formula, emphasizing the importance of both creditable service and the final average salary in determining the retirement income. Understanding these components is crucial for members planning their retirement and for administrators ensuring accurate benefit payouts according to Arkansas law. The final average salary calculation, specifically the look-back period and the averaging method, is a key element that can significantly impact the eventual retirement benefit.
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Question 7 of 30
7. Question
Upon separating from service with a public school district in Arkansas prior to meeting the minimum vesting requirements for a retirement allowance, a member of the Arkansas Teacher Retirement System (TRS) had accumulated $50,000 in member contributions. According to Arkansas statutes governing public retirement systems, what is the maximum amount the former member is entitled to receive as a refund of their contributions?
Correct
The Arkansas Teacher Retirement System (TRS) operates under specific statutes governing its administration and the rights of its members. Arkansas Code Title 24, Chapter 4 governs public retirement systems, including TRS. Specifically, Arkansas Code § 24-4-201 outlines the powers and duties of the TRS Board of Trustees, which includes the authority to adopt rules and regulations necessary for the administration of the system. When a member leaves covered employment before becoming eligible for retirement benefits, the system’s statutes and rules dictate the disposition of their accumulated contributions. Arkansas Code § 24-4-203 addresses the refund of contributions for members who are not vested. This statute specifies that a member who withdraws from service before meeting the requirements for a retirement allowance is entitled to a refund of their accumulated contributions, without interest. The system is not obligated to provide any earnings or growth on these contributions if the member is not vested. Therefore, a member who has contributed $50,000 and has not met the vesting requirements for a retirement benefit upon leaving employment with the state of Arkansas is entitled to a refund of their accumulated contributions, which is $50,000. The interest earned on these contributions remains with the retirement system to fund its ongoing obligations.
Incorrect
The Arkansas Teacher Retirement System (TRS) operates under specific statutes governing its administration and the rights of its members. Arkansas Code Title 24, Chapter 4 governs public retirement systems, including TRS. Specifically, Arkansas Code § 24-4-201 outlines the powers and duties of the TRS Board of Trustees, which includes the authority to adopt rules and regulations necessary for the administration of the system. When a member leaves covered employment before becoming eligible for retirement benefits, the system’s statutes and rules dictate the disposition of their accumulated contributions. Arkansas Code § 24-4-203 addresses the refund of contributions for members who are not vested. This statute specifies that a member who withdraws from service before meeting the requirements for a retirement allowance is entitled to a refund of their accumulated contributions, without interest. The system is not obligated to provide any earnings or growth on these contributions if the member is not vested. Therefore, a member who has contributed $50,000 and has not met the vesting requirements for a retirement benefit upon leaving employment with the state of Arkansas is entitled to a refund of their accumulated contributions, which is $50,000. The interest earned on these contributions remains with the retirement system to fund its ongoing obligations.
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Question 8 of 30
8. Question
Consider a defined benefit pension plan established by an employer with operations in Little Rock, Arkansas. The plan’s actuary has determined its funding target and current assets. If the plan’s funding percentage, calculated as the ratio of current assets to the funding target, falls below 80% but is not less than 70%, what is the classification of this plan’s funding status according to the Pension Protection Act of 2006’s risk categories?
Correct
The scenario involves a defined benefit pension plan sponsored by a company operating in Arkansas. The plan’s funding status is critical for ensuring its ability to meet future obligations. The Pension Protection Act of 2006 (PPA) introduced specific funding requirements for defined benefit plans. Under PPA, a plan’s funding percentage is calculated by dividing the plan’s assets by its funding target. The funding target is determined by an actuary using specific assumptions, including the discount rate. For a plan to be considered “at-risk” or “seriously at-risk,” its funding percentage must fall below certain thresholds. Specifically, a plan is considered at-risk if its funding percentage is less than 80% but at least 70%, and seriously at-risk if it is less than 70%. Arkansas law, while not creating entirely separate funding rules, generally aligns with federal standards for private sector plans. The question asks about the minimum funding percentage for a plan to be considered “at-risk” under the PPA framework, which is a foundational concept for understanding funding obligations and potential regulatory actions. The threshold for being classified as “at-risk” is when the funding percentage is below 80% but not less than 70%. Therefore, 70% represents the lower bound of the at-risk category, and any percentage at or above this level, but below 80%, would classify the plan as at-risk. The question specifically asks for the minimum percentage that would trigger the “at-risk” classification, which is 70%.
Incorrect
The scenario involves a defined benefit pension plan sponsored by a company operating in Arkansas. The plan’s funding status is critical for ensuring its ability to meet future obligations. The Pension Protection Act of 2006 (PPA) introduced specific funding requirements for defined benefit plans. Under PPA, a plan’s funding percentage is calculated by dividing the plan’s assets by its funding target. The funding target is determined by an actuary using specific assumptions, including the discount rate. For a plan to be considered “at-risk” or “seriously at-risk,” its funding percentage must fall below certain thresholds. Specifically, a plan is considered at-risk if its funding percentage is less than 80% but at least 70%, and seriously at-risk if it is less than 70%. Arkansas law, while not creating entirely separate funding rules, generally aligns with federal standards for private sector plans. The question asks about the minimum funding percentage for a plan to be considered “at-risk” under the PPA framework, which is a foundational concept for understanding funding obligations and potential regulatory actions. The threshold for being classified as “at-risk” is when the funding percentage is below 80% but not less than 70%. Therefore, 70% represents the lower bound of the at-risk category, and any percentage at or above this level, but below 80%, would classify the plan as at-risk. The question specifically asks for the minimum percentage that would trigger the “at-risk” classification, which is 70%.
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Question 9 of 30
9. Question
Ozark Manufacturing, an employer based in Little Rock, Arkansas, sponsors a qualified defined benefit pension plan for its employees. The plan’s enrolled actuary has determined the current service cost for the plan year to be $150,000. This cost represents the pension benefit earned by employees for their service during the current year. Under applicable Arkansas and federal pension regulations, how should Ozark Manufacturing account for this current service cost in its financial reporting?
Correct
The scenario describes an employer, “Ozark Manufacturing,” in Arkansas that sponsors a defined benefit pension plan. The plan’s actuary has calculated the current service cost, which represents the portion of the pension benefit earned by employees for service in the current year. This cost is a key component of the employer’s annual pension expense. According to Arkansas Pension and Employee Benefits Law, which generally aligns with federal ERISA and IRS regulations for qualified plans, the current service cost is an operating expense that impacts the employer’s financial statements and tax liability. It is recognized in the period it is incurred. The question asks about the accounting treatment of this current service cost. The correct treatment is to recognize it as an expense in the period it is incurred. This aligns with the accrual basis of accounting and the principles of pension accounting as outlined by FASB standards, which are applicable to employers sponsoring pension plans in Arkansas. The other options present incorrect accounting treatments: deferring it as an asset would be inappropriate as it represents an obligation for current service, expensing it over a period unrelated to service would violate the matching principle, and capitalizing it as part of the cost of a long-term asset is not a recognized accounting practice for pension costs.
Incorrect
The scenario describes an employer, “Ozark Manufacturing,” in Arkansas that sponsors a defined benefit pension plan. The plan’s actuary has calculated the current service cost, which represents the portion of the pension benefit earned by employees for service in the current year. This cost is a key component of the employer’s annual pension expense. According to Arkansas Pension and Employee Benefits Law, which generally aligns with federal ERISA and IRS regulations for qualified plans, the current service cost is an operating expense that impacts the employer’s financial statements and tax liability. It is recognized in the period it is incurred. The question asks about the accounting treatment of this current service cost. The correct treatment is to recognize it as an expense in the period it is incurred. This aligns with the accrual basis of accounting and the principles of pension accounting as outlined by FASB standards, which are applicable to employers sponsoring pension plans in Arkansas. The other options present incorrect accounting treatments: deferring it as an asset would be inappropriate as it represents an obligation for current service, expensing it over a period unrelated to service would violate the matching principle, and capitalizing it as part of the cost of a long-term asset is not a recognized accounting practice for pension costs.
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Question 10 of 30
10. Question
An Arkansas public school educator, Ms. Elara Vance, employed by the Springdale School District, took a voluntary two-year leave of absence to pursue a master’s degree in educational leadership, a program directly aligned with enhancing her administrative capabilities within the district. During this period, Ms. Vance did not make any contributions to the Arkansas Teacher Retirement System (TRS). Upon her return, Ms. Vance inquired about the creditable service awarded for her leave. Considering the provisions of Arkansas Code §24-7-701 concerning service credit and leaves of absence, what is the status of the two-year leave period for Ms. Vance’s retirement calculations?
Correct
The Arkansas Teacher Retirement System (TRS) operates under specific rules regarding the calculation of creditable service for retirement purposes. When a member takes a leave of absence without pay, the treatment of that period for service credit depends on whether contributions are made. Arkansas Code §24-7-701 outlines that service credit is generally granted for periods of active employment for which contributions are made. However, specific provisions allow for the purchase of service credit for certain types of leaves of absence. For a leave of absence for educational purposes, such as pursuing advanced degrees or professional development that benefits the employing school district, a member may be able to purchase service credit. The cost of purchasing this service is typically calculated based on the member’s salary at the time of the leave and the contribution rates in effect during that period, plus any applicable interest. Without making the required contributions or a purchase of service, the leave of absence period would not be counted as creditable service. Therefore, if no contributions were made to TRS during the two-year leave of absence for the purpose of obtaining a master’s degree, and no purchase of service was made, that period does not count towards the total creditable service for retirement.
Incorrect
The Arkansas Teacher Retirement System (TRS) operates under specific rules regarding the calculation of creditable service for retirement purposes. When a member takes a leave of absence without pay, the treatment of that period for service credit depends on whether contributions are made. Arkansas Code §24-7-701 outlines that service credit is generally granted for periods of active employment for which contributions are made. However, specific provisions allow for the purchase of service credit for certain types of leaves of absence. For a leave of absence for educational purposes, such as pursuing advanced degrees or professional development that benefits the employing school district, a member may be able to purchase service credit. The cost of purchasing this service is typically calculated based on the member’s salary at the time of the leave and the contribution rates in effect during that period, plus any applicable interest. Without making the required contributions or a purchase of service, the leave of absence period would not be counted as creditable service. Therefore, if no contributions were made to TRS during the two-year leave of absence for the purpose of obtaining a master’s degree, and no purchase of service was made, that period does not count towards the total creditable service for retirement.
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Question 11 of 30
11. Question
Consider a private sector employer in Arkansas sponsoring a defined benefit pension plan. If the plan’s actuaries, in their annual valuation, increase the assumed rate of return on plan assets from 6.5% to 7.0%, how would this change, under U.S. Generally Accepted Accounting Principles (GAAP), primarily affect the employer’s financial statements in the subsequent reporting period, assuming no other changes in actuarial assumptions or plan experience?
Correct
The question probes the understanding of how a change in the assumed rate of return on plan assets impacts a defined benefit pension plan’s financial reporting in Arkansas, specifically concerning the recognition of actuarial gains and losses. Under Generally Accepted Accounting Principles (GAAP), which govern pension accounting in the United States, including for entities operating in Arkansas, actuarial gains and losses arising from changes in actuarial assumptions or differences between actual and expected experience are recognized in other comprehensive income (OCI). These gains and losses are then amortized into net periodic pension cost over future service periods. An increase in the assumed rate of return on plan assets means that the expected future earnings from the pension fund’s investments are projected to be higher. This leads to a reduction in the calculated pension obligation or an increase in the value of plan assets relative to the obligation, depending on the specific actuarial method used. From an accounting perspective, this favorable change in assumption results in an actuarial gain. This actuarial gain, as per accounting standards, is recognized in OCI. Subsequently, a portion of this gain will be amortized into net periodic pension cost in future periods. The amortization process reduces the pension expense recognized in the income statement. Therefore, an increase in the assumed rate of return directly leads to a reduction in the net periodic pension cost recognized in the income statement in future periods due to the amortization of the actuarial gain. The immediate impact is the recognition of an actuarial gain in OCI, which then influences future pension expense.
Incorrect
The question probes the understanding of how a change in the assumed rate of return on plan assets impacts a defined benefit pension plan’s financial reporting in Arkansas, specifically concerning the recognition of actuarial gains and losses. Under Generally Accepted Accounting Principles (GAAP), which govern pension accounting in the United States, including for entities operating in Arkansas, actuarial gains and losses arising from changes in actuarial assumptions or differences between actual and expected experience are recognized in other comprehensive income (OCI). These gains and losses are then amortized into net periodic pension cost over future service periods. An increase in the assumed rate of return on plan assets means that the expected future earnings from the pension fund’s investments are projected to be higher. This leads to a reduction in the calculated pension obligation or an increase in the value of plan assets relative to the obligation, depending on the specific actuarial method used. From an accounting perspective, this favorable change in assumption results in an actuarial gain. This actuarial gain, as per accounting standards, is recognized in OCI. Subsequently, a portion of this gain will be amortized into net periodic pension cost in future periods. The amortization process reduces the pension expense recognized in the income statement. Therefore, an increase in the assumed rate of return directly leads to a reduction in the net periodic pension cost recognized in the income statement in future periods due to the amortization of the actuarial gain. The immediate impact is the recognition of an actuarial gain in OCI, which then influences future pension expense.
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Question 12 of 30
12. Question
Under the Arkansas Public Employees’ Retirement System (APERS), what is the minimum period of credited service an active member must attain to become vested, thereby securing a non-forfeitable entitlement to future retirement benefits, irrespective of continued employment?
Correct
The Arkansas Public Employees’ Retirement System (APERS) governs the retirement benefits for state employees and public school employees in Arkansas. The concept of “vesting” is crucial in determining when an employee becomes entitled to a pension benefit, even if they leave employment before reaching retirement age. Vesting typically requires a certain number of years of service. For APERS, as established by Arkansas Code Title 24, Chapter 4, an employee generally becomes vested after completing five years of credited service. This means that upon reaching the required age, the vested employee can claim their accrued pension benefits, even if they are no longer employed by a participating employer. The calculation of the actual pension amount upon retirement is based on factors such as the member’s final average compensation and the number of years of credited service, along with the applicable benefit multiplier. However, the immediate question pertains solely to the condition for entitlement to future benefits, which is vesting. Therefore, five years of credited service is the threshold for APERS members to gain a non-forfeitable right to a future pension benefit.
Incorrect
The Arkansas Public Employees’ Retirement System (APERS) governs the retirement benefits for state employees and public school employees in Arkansas. The concept of “vesting” is crucial in determining when an employee becomes entitled to a pension benefit, even if they leave employment before reaching retirement age. Vesting typically requires a certain number of years of service. For APERS, as established by Arkansas Code Title 24, Chapter 4, an employee generally becomes vested after completing five years of credited service. This means that upon reaching the required age, the vested employee can claim their accrued pension benefits, even if they are no longer employed by a participating employer. The calculation of the actual pension amount upon retirement is based on factors such as the member’s final average compensation and the number of years of credited service, along with the applicable benefit multiplier. However, the immediate question pertains solely to the condition for entitlement to future benefits, which is vesting. Therefore, five years of credited service is the threshold for APERS members to gain a non-forfeitable right to a future pension benefit.
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Question 13 of 30
13. Question
A private sector manufacturing company based in Little Rock, Arkansas, which is subject to the Employee Retirement Income Security Act of 1974 (ERISA), is contemplating the establishment of a defined benefit pension plan for its employees. To ensure compliance and proper funding, the company’s management needs to understand its obligations concerning the periodic assessment of the plan’s financial health. What is the minimum frequency at which this company must have its defined benefit pension plan’s assets and liabilities valued by a qualified actuary, assuming the plan is not classified as “at-risk” or “seriously at-risk” under current federal regulations?
Correct
The scenario describes a situation where a private sector employer in Arkansas, subject to ERISA, is considering establishing a defined benefit pension plan. The question probes the employer’s responsibility regarding actuarial valuations. ERISA mandates that defined benefit plans undergo periodic actuarial valuations to determine the plan’s funding status and the required contributions. These valuations must be performed by a qualified actuary. The frequency of these valuations is generally annual, as stipulated by ERISA section 302 and the Pension Protection Act of 2006 (PPA). The PPA introduced more stringent funding rules and valuation requirements. Specifically, for a plan that is not considered “at-risk” or “seriously at-risk,” an annual actuarial valuation is required. The employer must ensure these valuations are conducted and that the plan is funded in accordance with the determined contribution requirements. Failure to conduct these valuations and meet funding obligations can result in penalties and liabilities under ERISA. The employer’s duty is to engage a qualified actuary and provide them with the necessary data to perform the valuation. The results of the valuation inform the contribution decisions for the upcoming plan year.
Incorrect
The scenario describes a situation where a private sector employer in Arkansas, subject to ERISA, is considering establishing a defined benefit pension plan. The question probes the employer’s responsibility regarding actuarial valuations. ERISA mandates that defined benefit plans undergo periodic actuarial valuations to determine the plan’s funding status and the required contributions. These valuations must be performed by a qualified actuary. The frequency of these valuations is generally annual, as stipulated by ERISA section 302 and the Pension Protection Act of 2006 (PPA). The PPA introduced more stringent funding rules and valuation requirements. Specifically, for a plan that is not considered “at-risk” or “seriously at-risk,” an annual actuarial valuation is required. The employer must ensure these valuations are conducted and that the plan is funded in accordance with the determined contribution requirements. Failure to conduct these valuations and meet funding obligations can result in penalties and liabilities under ERISA. The employer’s duty is to engage a qualified actuary and provide them with the necessary data to perform the valuation. The results of the valuation inform the contribution decisions for the upcoming plan year.
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Question 14 of 30
14. Question
An Arkansas-based manufacturing company sponsors a qualified defined benefit pension plan. For the current plan year, the company’s actuary determined that the minimum required contribution to the plan was $350,000. The company, however, decided to contribute $500,000 to the plan, anticipating future increases in benefit liabilities and seeking to strengthen the plan’s funded status. Assuming this excess contribution is not a permissible contribution to an employee stock ownership plan and is not otherwise deductible under Section 404 of the Internal Revenue Code, what is the federal excise tax liability imposed on the company for this excess contribution?
Correct
The scenario describes an employer in Arkansas that sponsors a defined benefit pension plan. The employer has made contributions to the plan that exceed the minimum required contributions under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Specifically, the employer’s contributions for the current year are $500,000, while the actuarially determined minimum required contribution for the year is $350,000. The excess contribution is $500,000 – $350,000 = $150,000. Under Section 4972 of the Internal Revenue Code, a tax is imposed on the employer for contributions made to a qualified plan that exceed the amount deductible under Section 404 of the Internal Revenue Code, unless such excess is a permissible contribution to an employee stock ownership plan (ESOP) or is a contribution to a defined benefit plan that is not deductible but is made to meet the minimum funding requirements. However, the question specifies that the employer has made contributions exceeding the minimum required, implying the excess is not to meet minimum funding. Furthermore, the scenario does not mention an ESOP. Therefore, the excess contribution of $150,000 is subject to a 10% excise tax. The excise tax is calculated as 10% of the nondeductible contribution that is not part of a permissible ESOP contribution or a contribution to meet minimum funding requirements. In this case, the nondeductible contribution is the excess contribution of $150,000. Excise Tax = 10% of $150,000 = 0.10 * $150,000 = $15,000. This tax is an excise tax imposed on the employer for making an excess contribution to a qualified retirement plan. The purpose of this tax is to discourage employers from overfunding their retirement plans, which could be used as a tax avoidance strategy. The Arkansas Pension and Employee Benefits Law Exam would test the understanding of federal tax implications on pension plans operating within Arkansas, as federal law governs the core aspects of qualified retirement plans. The explanation focuses on the tax implications under federal law, which are directly applicable to any employer sponsoring a qualified plan in Arkansas.
Incorrect
The scenario describes an employer in Arkansas that sponsors a defined benefit pension plan. The employer has made contributions to the plan that exceed the minimum required contributions under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Specifically, the employer’s contributions for the current year are $500,000, while the actuarially determined minimum required contribution for the year is $350,000. The excess contribution is $500,000 – $350,000 = $150,000. Under Section 4972 of the Internal Revenue Code, a tax is imposed on the employer for contributions made to a qualified plan that exceed the amount deductible under Section 404 of the Internal Revenue Code, unless such excess is a permissible contribution to an employee stock ownership plan (ESOP) or is a contribution to a defined benefit plan that is not deductible but is made to meet the minimum funding requirements. However, the question specifies that the employer has made contributions exceeding the minimum required, implying the excess is not to meet minimum funding. Furthermore, the scenario does not mention an ESOP. Therefore, the excess contribution of $150,000 is subject to a 10% excise tax. The excise tax is calculated as 10% of the nondeductible contribution that is not part of a permissible ESOP contribution or a contribution to meet minimum funding requirements. In this case, the nondeductible contribution is the excess contribution of $150,000. Excise Tax = 10% of $150,000 = 0.10 * $150,000 = $15,000. This tax is an excise tax imposed on the employer for making an excess contribution to a qualified retirement plan. The purpose of this tax is to discourage employers from overfunding their retirement plans, which could be used as a tax avoidance strategy. The Arkansas Pension and Employee Benefits Law Exam would test the understanding of federal tax implications on pension plans operating within Arkansas, as federal law governs the core aspects of qualified retirement plans. The explanation focuses on the tax implications under federal law, which are directly applicable to any employer sponsoring a qualified plan in Arkansas.
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Question 15 of 30
15. Question
Consider an educator employed by the Little Rock School District who has accumulated 30 years of credited service within the Arkansas Teacher Retirement System (ATRS). If this educator’s average final compensation, calculated over the five highest consecutive years of earnings, is determined to be $75,000, what would be their estimated monthly pension benefit upon retirement, assuming no additional benefit enhancements or deductions are applied?
Correct
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate how pension benefits are calculated and administered. For a member who retires with 30 years of credited service and an average final compensation of $75,000, the pension benefit is calculated using a multiplier. According to Arkansas Code §24-7-501, the multiplier for members retiring with 30 or more years of service is 2.0%. Therefore, the annual pension benefit is computed by multiplying the average final compensation by the service multiplier and then by 12 to get the monthly amount. Calculation: Annual Pension Benefit = Average Final Compensation * Service Multiplier Annual Pension Benefit = $75,000 * 2.0% Annual Pension Benefit = $75,000 * 0.02 Annual Pension Benefit = $1,500 Monthly Pension Benefit = Annual Pension Benefit / 12 Monthly Pension Benefit = $1,500 / 12 Monthly Pension Benefit = $125 This calculation reflects the direct application of the statutory benefit formula for a member meeting the specified service and compensation criteria. Understanding the specific multipliers and the definition of average final compensation as defined in Arkansas law is crucial for accurate pension benefit projections and administration. The law also outlines provisions for cost-of-living adjustments and other factors that may affect the final benefit amount, but the base calculation relies on these core components.
Incorrect
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate how pension benefits are calculated and administered. For a member who retires with 30 years of credited service and an average final compensation of $75,000, the pension benefit is calculated using a multiplier. According to Arkansas Code §24-7-501, the multiplier for members retiring with 30 or more years of service is 2.0%. Therefore, the annual pension benefit is computed by multiplying the average final compensation by the service multiplier and then by 12 to get the monthly amount. Calculation: Annual Pension Benefit = Average Final Compensation * Service Multiplier Annual Pension Benefit = $75,000 * 2.0% Annual Pension Benefit = $75,000 * 0.02 Annual Pension Benefit = $1,500 Monthly Pension Benefit = Annual Pension Benefit / 12 Monthly Pension Benefit = $1,500 / 12 Monthly Pension Benefit = $125 This calculation reflects the direct application of the statutory benefit formula for a member meeting the specified service and compensation criteria. Understanding the specific multipliers and the definition of average final compensation as defined in Arkansas law is crucial for accurate pension benefit projections and administration. The law also outlines provisions for cost-of-living adjustments and other factors that may affect the final benefit amount, but the base calculation relies on these core components.
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Question 16 of 30
16. Question
An employer in Little Rock, Arkansas, sponsors a defined benefit pension plan for its employees. The most recent actuarial valuation indicates that the plan’s funded percentage is 75%. Considering the provisions of the Pension Protection Act of 2006 (PPA) as they apply to Arkansas employers, what is the primary regulatory implication for this employer regarding the plan’s funding status?
Correct
The scenario involves a defined benefit pension plan sponsored by an Arkansas-based manufacturing company. The plan’s funding status is crucial for compliance and financial stability. The Pension Protection Act of 2006 (PPA) significantly impacts how defined benefit plans are funded and managed, especially concerning minimum required contributions and the treatment of funding shortfalls. For a plan that is less than 80% funded, specific PPA rules apply, including potential restrictions on benefit increases and increased disclosure requirements. The calculation of the target normal cost, which represents the cost of benefits earned by participants in the current year, is a key component of actuarial valuations. The PPA requires that contributions be made to ensure the plan meets certain funding targets. If a plan’s funded percentage falls below a critical level (typically 60% under PPA for certain plans), it triggers a mandatory rehabilitation plan and potential restrictions on benefit payments. In this case, the plan’s funded status is 75%. Under PPA, a plan that is at least 70% but less than 80% funded is considered “at-risk.” For at-risk plans, the PPA mandates that the plan sponsor must fund the plan to 100% of its funding target over a specified period, typically seven years, if the plan is not already projected to meet this target. This requires calculating the “at-risk funding amount,” which is the amount needed to bring the plan to 100% funded status. The calculation of the at-risk funding amount is complex and involves actuarial assumptions. However, the question asks about the general requirement for a plan that is 75% funded. The PPA requires that for at-risk plans, the plan sponsor must contribute the minimum required contribution plus an additional amount to reduce the funding shortfall. This additional amount is determined by the actuary and is designed to bring the plan to full funding over a specified period. The key takeaway is that a plan at 75% funded status is considered at-risk and triggers specific PPA requirements related to increased contributions and potential benefit restrictions to address the funding gap. The specific contribution amount would be determined by an actuarial valuation, but the regulatory requirement is to address the at-risk status.
Incorrect
The scenario involves a defined benefit pension plan sponsored by an Arkansas-based manufacturing company. The plan’s funding status is crucial for compliance and financial stability. The Pension Protection Act of 2006 (PPA) significantly impacts how defined benefit plans are funded and managed, especially concerning minimum required contributions and the treatment of funding shortfalls. For a plan that is less than 80% funded, specific PPA rules apply, including potential restrictions on benefit increases and increased disclosure requirements. The calculation of the target normal cost, which represents the cost of benefits earned by participants in the current year, is a key component of actuarial valuations. The PPA requires that contributions be made to ensure the plan meets certain funding targets. If a plan’s funded percentage falls below a critical level (typically 60% under PPA for certain plans), it triggers a mandatory rehabilitation plan and potential restrictions on benefit payments. In this case, the plan’s funded status is 75%. Under PPA, a plan that is at least 70% but less than 80% funded is considered “at-risk.” For at-risk plans, the PPA mandates that the plan sponsor must fund the plan to 100% of its funding target over a specified period, typically seven years, if the plan is not already projected to meet this target. This requires calculating the “at-risk funding amount,” which is the amount needed to bring the plan to 100% funded status. The calculation of the at-risk funding amount is complex and involves actuarial assumptions. However, the question asks about the general requirement for a plan that is 75% funded. The PPA requires that for at-risk plans, the plan sponsor must contribute the minimum required contribution plus an additional amount to reduce the funding shortfall. This additional amount is determined by the actuary and is designed to bring the plan to full funding over a specified period. The key takeaway is that a plan at 75% funded status is considered at-risk and triggers specific PPA requirements related to increased contributions and potential benefit restrictions to address the funding gap. The specific contribution amount would be determined by an actuarial valuation, but the regulatory requirement is to address the at-risk status.
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Question 17 of 30
17. Question
A private employer sponsoring a defined benefit pension plan in Little Rock, Arkansas, has decided to terminate the plan. An actuarial valuation reveals that the plan’s current assets are insufficient to cover all vested benefits. Specifically, after accounting for all statutory priority categories 1 through 5, there remains a shortfall in funding for certain non-standard early retirement subsidies and supplemental benefit adjustments. According to the distribution rules for terminated defined benefit plans, which priority category would these remaining unfunded benefit obligations fall into, and how would they be addressed in relation to the Pension Benefit Guaranty Corporation’s guarantee?
Correct
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing termination. The plan’s assets are insufficient to cover its vested benefits. In such cases, the Pension Benefit Guaranty Corporation (PBGC), a federal agency, steps in to guarantee a portion of the benefits. The question asks about the priority of claims against the plan’s assets. Under ERISA Section 4044 and its implementing regulations, particularly 29 CFR Part 4044, plan assets are distributed in a specific order of priority. Priority Category 6 includes all other benefits payable under the plan, including those that are not otherwise allocated. This category is generally the last in line for distribution from plan assets. Therefore, any benefits not covered by Priority Categories 1 through 5, which are typically related to participant contributions, early retirement benefits, and basic accrued benefits, fall into this residual category. The PBGC’s guarantee limits the amount it will pay to participants, and any shortfall beyond the PBGC guarantee is typically absorbed by the PBGC. However, the distribution of the plan’s own assets follows the statutory priority scheme.
Incorrect
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing termination. The plan’s assets are insufficient to cover its vested benefits. In such cases, the Pension Benefit Guaranty Corporation (PBGC), a federal agency, steps in to guarantee a portion of the benefits. The question asks about the priority of claims against the plan’s assets. Under ERISA Section 4044 and its implementing regulations, particularly 29 CFR Part 4044, plan assets are distributed in a specific order of priority. Priority Category 6 includes all other benefits payable under the plan, including those that are not otherwise allocated. This category is generally the last in line for distribution from plan assets. Therefore, any benefits not covered by Priority Categories 1 through 5, which are typically related to participant contributions, early retirement benefits, and basic accrued benefits, fall into this residual category. The PBGC’s guarantee limits the amount it will pay to participants, and any shortfall beyond the PBGC guarantee is typically absorbed by the PBGC. However, the distribution of the plan’s own assets follows the statutory priority scheme.
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Question 18 of 30
18. Question
Consider a scenario where the superintendent of schools for the Little Rock School District, after serving for 8 years but not yet meeting the minimum age and service credit requirements for retirement under the Arkansas Teacher Retirement System (TRS), resigns from their position. The superintendent chooses to withdraw their accumulated contributions from TRS. According to Arkansas law governing public employee retirement systems, what is the primary consequence for the superintendent’s future rights to retirement benefits from TRS upon electing to withdraw their contributions?
Correct
The Arkansas Teacher Retirement System (TRS) is governed by specific statutes that dictate its operations and the rights of its members. When a member of the TRS, such as a school superintendent in Arkansas, terminates employment with a participating employer before becoming eligible for retirement benefits, their contributions are typically handled according to statutory provisions. Arkansas Code § 24-7-106 outlines the conditions under which a member can withdraw their accumulated contributions. This statute specifies that a member who has not attained the age and service requirements for retirement may elect to withdraw their contributions. Upon withdrawal, the member forfeits all rights to any retirement benefits from TRS, including any employer contributions or future benefit accruals. The withdrawal process involves submitting a formal request to TRS and receiving the accumulated member contributions, generally without interest, as per the governing statutes. This action effectively terminates their membership and any claim on the system’s assets beyond the refunded contributions. The concept of “vesting” is crucial here; without meeting the statutory vesting requirements, the member is only entitled to their own contributions. Arkansas law is clear that such a withdrawal severs the connection to future pension benefits.
Incorrect
The Arkansas Teacher Retirement System (TRS) is governed by specific statutes that dictate its operations and the rights of its members. When a member of the TRS, such as a school superintendent in Arkansas, terminates employment with a participating employer before becoming eligible for retirement benefits, their contributions are typically handled according to statutory provisions. Arkansas Code § 24-7-106 outlines the conditions under which a member can withdraw their accumulated contributions. This statute specifies that a member who has not attained the age and service requirements for retirement may elect to withdraw their contributions. Upon withdrawal, the member forfeits all rights to any retirement benefits from TRS, including any employer contributions or future benefit accruals. The withdrawal process involves submitting a formal request to TRS and receiving the accumulated member contributions, generally without interest, as per the governing statutes. This action effectively terminates their membership and any claim on the system’s assets beyond the refunded contributions. The concept of “vesting” is crucial here; without meeting the statutory vesting requirements, the member is only entitled to their own contributions. Arkansas law is clear that such a withdrawal severs the connection to future pension benefits.
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Question 19 of 30
19. Question
Consider a scenario where Ms. Elara Vance, an employee of a manufacturing firm in Little Rock, Arkansas, separates from service after ten years of employment. Her vested accrued benefit in the company’s qualified profit-sharing plan totals $75,000. Ms. Vance elects to receive a partial distribution of $25,000 from her vested benefit, intending to use these funds for immediate expenses. Under the Arkansas Minimum Vesting Standards Act and relevant federal regulations governing qualified retirement plans, what is the status of Ms. Vance’s remaining vested benefit of $50,000 after she receives this partial distribution?
Correct
The question tests the understanding of the application of the Arkansas Minimum Vesting Standards Act, specifically concerning the treatment of partial distributions from a qualified retirement plan upon an employee’s separation from service. In Arkansas, the Minimum Vesting Standards Act, mirroring federal ERISA provisions, dictates that employees must accrue a non-forfeitable right to their employer contributions over time. When an employee with vested benefits voluntarily withdraws a portion of their accrued benefit, this partial distribution is subject to specific rules. The key principle is that the withdrawal of a portion of the vested benefit does not automatically forfeit the remaining vested portion, provided the distribution is made in accordance with the plan’s terms and applicable law. The distribution of the vested portion of an employee’s accrued benefit upon separation from service is a standard procedure. However, if an employee elects to receive a distribution of only a portion of their vested benefit, the remaining vested balance must continue to be held in the plan, subject to the plan’s terms for payout or rollover. The act does not mandate a complete forfeiture of the entire vested balance if only a partial withdrawal is taken. Therefore, the employee retains their right to the remaining vested balance, which will be distributed according to the plan’s rules, typically upon reaching normal retirement age or another permissible distribution event, or they may elect to roll over the distributed amount. The concept of “cash-out” provisions under ERISA, which Arkansas law generally aligns with, allows for distributions of small vested benefits without employee consent, but this scenario describes a voluntary partial withdrawal. The remaining vested portion is not automatically forfeited.
Incorrect
The question tests the understanding of the application of the Arkansas Minimum Vesting Standards Act, specifically concerning the treatment of partial distributions from a qualified retirement plan upon an employee’s separation from service. In Arkansas, the Minimum Vesting Standards Act, mirroring federal ERISA provisions, dictates that employees must accrue a non-forfeitable right to their employer contributions over time. When an employee with vested benefits voluntarily withdraws a portion of their accrued benefit, this partial distribution is subject to specific rules. The key principle is that the withdrawal of a portion of the vested benefit does not automatically forfeit the remaining vested portion, provided the distribution is made in accordance with the plan’s terms and applicable law. The distribution of the vested portion of an employee’s accrued benefit upon separation from service is a standard procedure. However, if an employee elects to receive a distribution of only a portion of their vested benefit, the remaining vested balance must continue to be held in the plan, subject to the plan’s terms for payout or rollover. The act does not mandate a complete forfeiture of the entire vested balance if only a partial withdrawal is taken. Therefore, the employee retains their right to the remaining vested balance, which will be distributed according to the plan’s rules, typically upon reaching normal retirement age or another permissible distribution event, or they may elect to roll over the distributed amount. The concept of “cash-out” provisions under ERISA, which Arkansas law generally aligns with, allows for distributions of small vested benefits without employee consent, but this scenario describes a voluntary partial withdrawal. The remaining vested portion is not automatically forfeited.
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Question 20 of 30
20. Question
Consider the Arkansas Public Employees Retirement System (APERS) defined benefit pension plan. If an actuarial valuation reveals a significant increase in the plan’s unfunded accrued liability due to a combination of lower-than-expected investment returns and an increase in the plan’s participant count, what is the most direct and immediate consequence for the participating employers regarding their contribution obligations under Arkansas law?
Correct
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing a significant change in its funding status. The Arkansas Public Employees Retirement System (APERS) is governed by Arkansas Code Title 24, Chapter 4, which outlines the rules for its operation, including funding requirements and actuarial valuations. The question revolves around the implications of a substantial increase in the plan’s unfunded liabilities, specifically how this impacts the employer’s contribution obligations under the governing statutes. The core concept tested here is the direct relationship between a plan’s funded status and the required employer contributions in a defined benefit system, as mandated by state law. An increase in unfunded liabilities, assuming no changes in actuarial assumptions or benefit provisions, would necessitate higher employer contributions to bring the plan back to a sound financial footing, in accordance with the principles of actuarial soundness and the legal framework established by Arkansas law for public pension systems. The explanation does not involve any calculations, as the question is conceptual.
Incorrect
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing a significant change in its funding status. The Arkansas Public Employees Retirement System (APERS) is governed by Arkansas Code Title 24, Chapter 4, which outlines the rules for its operation, including funding requirements and actuarial valuations. The question revolves around the implications of a substantial increase in the plan’s unfunded liabilities, specifically how this impacts the employer’s contribution obligations under the governing statutes. The core concept tested here is the direct relationship between a plan’s funded status and the required employer contributions in a defined benefit system, as mandated by state law. An increase in unfunded liabilities, assuming no changes in actuarial assumptions or benefit provisions, would necessitate higher employer contributions to bring the plan back to a sound financial footing, in accordance with the principles of actuarial soundness and the legal framework established by Arkansas law for public pension systems. The explanation does not involve any calculations, as the question is conceptual.
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Question 21 of 30
21. Question
Which state agency in Arkansas is primarily responsible for the administration and disbursement of retirement annuities and related employee benefits for individuals employed by the state government and public school systems, as stipulated by Arkansas Code Title 24, Chapter 4?
Correct
The Arkansas Public Employees Retirement System (APERS) administers retirement benefits for state and public school employees in Arkansas. A key aspect of its operation involves the calculation of retirement benefits, which are typically determined by a formula that considers the member’s final average salary, years of service, and a multiplier. For a member retiring under the System, the benefit calculation is based on their credited service and average final compensation. The average final compensation is generally the average of the highest 36 consecutive months of compensation. Let’s assume a hypothetical scenario for a member of APERS. Suppose a member has 30 years of credited service and their average final compensation is $60,000 per year. The multiplier for this member, based on their retirement date and plan provisions, is 2.0%. To calculate the annual retirement benefit, the formula is: Annual Benefit = (Credited Service in Years) × (Average Final Compensation) × (Multiplier). In this case, the calculation would be: Annual Benefit = 30 years × $60,000/year × 0.020. This results in an annual benefit of $36,000. The question asks about the primary administrative body responsible for managing retirement and related benefits for state and public school employees in Arkansas. This function is explicitly carried out by the Arkansas Public Employees Retirement System (APERS). Other entities might be involved in broader state financial management or specific employee groups, but APERS is the designated authority for this core function.
Incorrect
The Arkansas Public Employees Retirement System (APERS) administers retirement benefits for state and public school employees in Arkansas. A key aspect of its operation involves the calculation of retirement benefits, which are typically determined by a formula that considers the member’s final average salary, years of service, and a multiplier. For a member retiring under the System, the benefit calculation is based on their credited service and average final compensation. The average final compensation is generally the average of the highest 36 consecutive months of compensation. Let’s assume a hypothetical scenario for a member of APERS. Suppose a member has 30 years of credited service and their average final compensation is $60,000 per year. The multiplier for this member, based on their retirement date and plan provisions, is 2.0%. To calculate the annual retirement benefit, the formula is: Annual Benefit = (Credited Service in Years) × (Average Final Compensation) × (Multiplier). In this case, the calculation would be: Annual Benefit = 30 years × $60,000/year × 0.020. This results in an annual benefit of $36,000. The question asks about the primary administrative body responsible for managing retirement and related benefits for state and public school employees in Arkansas. This function is explicitly carried out by the Arkansas Public Employees Retirement System (APERS). Other entities might be involved in broader state financial management or specific employee groups, but APERS is the designated authority for this core function.
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Question 22 of 30
22. Question
A long-term state employee in Arkansas, who is an active member of the Arkansas Public Employees Retirement System (APERS), wishes to purchase prior service credit earned while working for a private sector company in Texas that does not have a reciprocal agreement with APERS. The employee has accumulated ten years of service with the state and has been actively contributing to APERS for that entire period. The employee is willing to pay the full actuarial cost for the Texas service. Under APERS regulations, what is the primary condition that must be met for this purchase of prior service to be permissible?
Correct
The scenario describes a situation where a state employee in Arkansas, covered by the Arkansas Public Employees Retirement System (APERS), has accumulated service credit from a previous period of employment with a non-covered employer. To transfer this service credit, the employee must meet specific criteria outlined by APERS. Key among these is the requirement for the employee to be actively contributing to APERS at the time of the transfer request. Furthermore, APERS rules generally stipulate that the employee must have a minimum period of credited service with APERS itself, often referred to as a “reciprocal service” or “vesting service” period, before prior non-covered service can be purchased or transferred. The specific amount of APERS service required can vary based on when the employee became a member and the nature of the prior service. Without this qualifying APERS service, the purchase of prior service from a non-covered employer is typically not permitted, regardless of the employee’s intention to pay the actuarial cost. The actuarial cost is a separate consideration that arises only after the eligibility criteria are met. Therefore, the fundamental barrier to the transfer in this case is the lack of sufficient active APERS service credit to qualify for the purchase of prior non-covered service.
Incorrect
The scenario describes a situation where a state employee in Arkansas, covered by the Arkansas Public Employees Retirement System (APERS), has accumulated service credit from a previous period of employment with a non-covered employer. To transfer this service credit, the employee must meet specific criteria outlined by APERS. Key among these is the requirement for the employee to be actively contributing to APERS at the time of the transfer request. Furthermore, APERS rules generally stipulate that the employee must have a minimum period of credited service with APERS itself, often referred to as a “reciprocal service” or “vesting service” period, before prior non-covered service can be purchased or transferred. The specific amount of APERS service required can vary based on when the employee became a member and the nature of the prior service. Without this qualifying APERS service, the purchase of prior service from a non-covered employer is typically not permitted, regardless of the employee’s intention to pay the actuarial cost. The actuarial cost is a separate consideration that arises only after the eligibility criteria are met. Therefore, the fundamental barrier to the transfer in this case is the lack of sufficient active APERS service credit to qualify for the purchase of prior non-covered service.
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Question 23 of 30
23. Question
A vested participant in a defined benefit pension plan sponsored by an Arkansas company, subject to ERISA, has elected to waive the Qualified Joint and Survivor Annuity (QJSA) benefit in favor of a single-life annuity. The participant provided written consent for this election. However, the participant’s spouse, who is the designated beneficiary for the QJSA, did not sign the waiver document. According to federal law and common practice in Arkansas for ERISA-governed plans, what is the plan administrator’s required action regarding the participant’s election?
Correct
The scenario involves a defined benefit pension plan sponsored by an Arkansas-based manufacturing company. The plan is subject to the Employee Retirement Income Security Act of 1974 (ERISA), as well as relevant Arkansas statutes governing employee benefits and pensions. The question probes the participant’s right to a “qualified joint and survivor annuity” (QJSA) and the conditions under which a participant can waive this right. ERISA Section 205 mandates that a pension plan must provide a QJSA to a vested participant who has a spouse at the time of retirement, unless the participant elects to waive it. This waiver requires the informed consent of the participant and the participant’s spouse. The consent must be in writing, acknowledge the specific election, state the terms under which the election is made, and include the signature of the spouse. Arkansas law generally aligns with ERISA’s provisions for private sector plans, reinforcing these spousal consent requirements. The scenario explicitly states that the participant’s spouse did not sign the waiver document. Therefore, the waiver is invalid because it fails to meet the statutory requirement of spousal consent. The plan administrator cannot legally proceed with a single-life annuity payment without valid spousal consent, as this would violate ERISA and potentially Arkansas law by not providing the default QJSA. The correct action for the administrator is to continue offering the QJSA.
Incorrect
The scenario involves a defined benefit pension plan sponsored by an Arkansas-based manufacturing company. The plan is subject to the Employee Retirement Income Security Act of 1974 (ERISA), as well as relevant Arkansas statutes governing employee benefits and pensions. The question probes the participant’s right to a “qualified joint and survivor annuity” (QJSA) and the conditions under which a participant can waive this right. ERISA Section 205 mandates that a pension plan must provide a QJSA to a vested participant who has a spouse at the time of retirement, unless the participant elects to waive it. This waiver requires the informed consent of the participant and the participant’s spouse. The consent must be in writing, acknowledge the specific election, state the terms under which the election is made, and include the signature of the spouse. Arkansas law generally aligns with ERISA’s provisions for private sector plans, reinforcing these spousal consent requirements. The scenario explicitly states that the participant’s spouse did not sign the waiver document. Therefore, the waiver is invalid because it fails to meet the statutory requirement of spousal consent. The plan administrator cannot legally proceed with a single-life annuity payment without valid spousal consent, as this would violate ERISA and potentially Arkansas law by not providing the default QJSA. The correct action for the administrator is to continue offering the QJSA.
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Question 24 of 30
24. Question
A private educational institution located in Little Rock, Arkansas, wishes to implement a new defined contribution pension plan for all its employees, including those who are also members of the Arkansas Teacher Retirement System (ATRS) due to prior or concurrent public school employment. Which of the following statements accurately reflects the legal permissibility of this action under Arkansas pension law?
Correct
The scenario describes a situation where an employer in Arkansas is considering the establishment of a defined contribution pension plan. The question probes the understanding of the Arkansas Teacher Retirement System (ATRS) and its exclusive jurisdiction over retirement benefits for public school employees. Arkansas Code Annotated §24-7-101 et seq. establishes the ATRS and outlines its scope. For any public school employee in Arkansas, participation in a retirement system is mandated by law, and private entities cannot offer or administer separate pension plans that would supersede or supplement the ATRS benefits for these individuals. Therefore, a private employer in Arkansas cannot establish a separate defined contribution pension plan for its employees if those employees are also covered by the ATRS, as would be the case for public school employees. The legal framework in Arkansas, particularly concerning public education employment, reserves the authority for retirement plan administration solely for the ATRS. This exclusivity prevents dual or competing retirement systems for public school personnel, ensuring a unified and legally compliant retirement structure for this specific group of public servants.
Incorrect
The scenario describes a situation where an employer in Arkansas is considering the establishment of a defined contribution pension plan. The question probes the understanding of the Arkansas Teacher Retirement System (ATRS) and its exclusive jurisdiction over retirement benefits for public school employees. Arkansas Code Annotated §24-7-101 et seq. establishes the ATRS and outlines its scope. For any public school employee in Arkansas, participation in a retirement system is mandated by law, and private entities cannot offer or administer separate pension plans that would supersede or supplement the ATRS benefits for these individuals. Therefore, a private employer in Arkansas cannot establish a separate defined contribution pension plan for its employees if those employees are also covered by the ATRS, as would be the case for public school employees. The legal framework in Arkansas, particularly concerning public education employment, reserves the authority for retirement plan administration solely for the ATRS. This exclusivity prevents dual or competing retirement systems for public school personnel, ensuring a unified and legally compliant retirement structure for this specific group of public servants.
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Question 25 of 30
25. Question
A former state employee in Arkansas, who commenced their service on January 1, 1985, and retired on December 31, 2015, with 30 years of credited service, is seeking to understand the statutory basis for their pension calculation. Their final average salary was determined according to the rules in effect at the time of their retirement. Which Arkansas statute most directly establishes the framework for calculating retirement benefits for an employee retiring under the provisions that were operative during the period of their service and subsequent retirement, considering the accumulation of service credit and final average salary determination?
Correct
The Arkansas Public Employees Retirement System (APERS) is governed by specific statutes that dictate how benefits are calculated and administered. For a member who retired under the provisions of Act 740 of 1977, the calculation of their retirement benefit involves several key components. The final average salary (FAS) is a critical factor, typically calculated as the average of the highest consecutive 36 months of compensation during the final 120 months of credited service. This FAS is then multiplied by a service factor, which is determined by the member’s years of credited service and their age at retirement. For instance, a member with 30 years of credited service retiring at age 60 would generally have a higher service factor than someone retiring earlier with the same service. The statutes also define eligibility requirements, such as minimum age and service credit, to qualify for retirement benefits. Furthermore, cost-of-living adjustments (COLAs) may be applied, though the method and frequency of these adjustments are also statutorily defined and can vary based on the specific retirement plan and the year of retirement. Understanding the interplay between FAS, credited service, age, and applicable statutory multipliers is essential for accurately determining the retirement benefit. The question hinges on identifying the statutory framework that governs these calculations for a specific retirement cohort in Arkansas. The correct answer identifies the governing legislation that establishes the parameters for such benefit calculations, ensuring adherence to the established pension laws of Arkansas.
Incorrect
The Arkansas Public Employees Retirement System (APERS) is governed by specific statutes that dictate how benefits are calculated and administered. For a member who retired under the provisions of Act 740 of 1977, the calculation of their retirement benefit involves several key components. The final average salary (FAS) is a critical factor, typically calculated as the average of the highest consecutive 36 months of compensation during the final 120 months of credited service. This FAS is then multiplied by a service factor, which is determined by the member’s years of credited service and their age at retirement. For instance, a member with 30 years of credited service retiring at age 60 would generally have a higher service factor than someone retiring earlier with the same service. The statutes also define eligibility requirements, such as minimum age and service credit, to qualify for retirement benefits. Furthermore, cost-of-living adjustments (COLAs) may be applied, though the method and frequency of these adjustments are also statutorily defined and can vary based on the specific retirement plan and the year of retirement. Understanding the interplay between FAS, credited service, age, and applicable statutory multipliers is essential for accurately determining the retirement benefit. The question hinges on identifying the statutory framework that governs these calculations for a specific retirement cohort in Arkansas. The correct answer identifies the governing legislation that establishes the parameters for such benefit calculations, ensuring adherence to the established pension laws of Arkansas.
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Question 26 of 30
26. Question
A defined benefit pension plan administered by the State of Arkansas, with a valuation date of December 31, 2023, employs the projected unit credit actuarial cost method. As of January 1, 2023, the plan’s present value of accrued benefits was calculated to be \$5,500,000. For the plan year ending December 31, 2023, the actuarial determined normal cost is \$450,000. Considering the foundational requirements for minimum contributions under ERISA Section 302(b)(1)(A) and the analogous provisions within Arkansas Code §24-2-105(b)(1), what is the minimum required contribution for this plan year, assuming no specific unfunded past service liabilities are being amortized and the full funding limitation does not restrict the contribution below the normal cost?
Correct
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing an actuarial valuation. The valuation date is December 31, 2023. The plan has a projected unit credit cost method. The key figures provided are the present value of accrued benefits (PVAB) as of January 1, 2023, which is \$5,500,000, and the normal cost for the plan year ending December 31, 2023, which is \$450,000. The question asks for the minimum required contribution for the plan year ending December 31, 2023, under ERISA Section 302(b)(1)(A) and Arkansas Code §24-2-105(b)(1). This section generally requires the minimum contribution to be the sum of the normal cost, the amount necessary to amortize unfunded past service costs over a specified period, and any increase in the minimum required contribution resulting from funding waivers, plus interest, less the aggregate decrease in the minimum required contribution resulting from any funding method changes. However, a crucial provision, often referred to as the “full funding limitation” under ERISA Section 302(c)(7) and reflected in Arkansas law, states that the minimum required contribution shall not exceed the amount by which the total funded current liability exceeds the fair market value of plan assets. In this case, we are given the PVAB as of January 1, 2023, which represents the present value of benefits accrued to date. To determine the full funding limitation, we need the fair market value of plan assets as of the valuation date (December 31, 2023) and the present value of the plan’s total current liability. Since these values are not provided, and we are only given the PVAB and normal cost, we must assume that the full funding limitation is not a constraint in this specific question’s context for determining the minimum required contribution, or that the provided PVAB can be used as a proxy for current liability for the purpose of this question if the plan is fully funded. However, the question specifically asks for the minimum required contribution, which is typically the normal cost plus amortization of unfunded liabilities. Without information on unfunded liabilities or asset values, the most direct interpretation of minimum required contribution based solely on the provided figures is the normal cost. The PVAB of \$5,500,000 is a liability figure, not a contribution amount. The normal cost of \$450,000 represents the cost of benefits earned by participants during the current plan year. Arkansas Code §24-2-105(b)(1) mandates that the minimum contribution is the sum of the normal cost and amortization of unfunded past service liability. If we assume no unfunded past service liability or that the plan is fully funded such that the normal cost is the only required component beyond any amortization, then the minimum contribution would be the normal cost. The question does not provide enough information to calculate amortization amounts or to apply the full funding limitation precisely. Therefore, based on the information given and the typical components of minimum required contributions, the normal cost is the most direct answer. The question is designed to test the understanding that the normal cost is a fundamental component of the minimum required contribution.
Incorrect
The scenario describes a situation where a defined benefit pension plan in Arkansas is undergoing an actuarial valuation. The valuation date is December 31, 2023. The plan has a projected unit credit cost method. The key figures provided are the present value of accrued benefits (PVAB) as of January 1, 2023, which is \$5,500,000, and the normal cost for the plan year ending December 31, 2023, which is \$450,000. The question asks for the minimum required contribution for the plan year ending December 31, 2023, under ERISA Section 302(b)(1)(A) and Arkansas Code §24-2-105(b)(1). This section generally requires the minimum contribution to be the sum of the normal cost, the amount necessary to amortize unfunded past service costs over a specified period, and any increase in the minimum required contribution resulting from funding waivers, plus interest, less the aggregate decrease in the minimum required contribution resulting from any funding method changes. However, a crucial provision, often referred to as the “full funding limitation” under ERISA Section 302(c)(7) and reflected in Arkansas law, states that the minimum required contribution shall not exceed the amount by which the total funded current liability exceeds the fair market value of plan assets. In this case, we are given the PVAB as of January 1, 2023, which represents the present value of benefits accrued to date. To determine the full funding limitation, we need the fair market value of plan assets as of the valuation date (December 31, 2023) and the present value of the plan’s total current liability. Since these values are not provided, and we are only given the PVAB and normal cost, we must assume that the full funding limitation is not a constraint in this specific question’s context for determining the minimum required contribution, or that the provided PVAB can be used as a proxy for current liability for the purpose of this question if the plan is fully funded. However, the question specifically asks for the minimum required contribution, which is typically the normal cost plus amortization of unfunded liabilities. Without information on unfunded liabilities or asset values, the most direct interpretation of minimum required contribution based solely on the provided figures is the normal cost. The PVAB of \$5,500,000 is a liability figure, not a contribution amount. The normal cost of \$450,000 represents the cost of benefits earned by participants during the current plan year. Arkansas Code §24-2-105(b)(1) mandates that the minimum contribution is the sum of the normal cost and amortization of unfunded past service liability. If we assume no unfunded past service liability or that the plan is fully funded such that the normal cost is the only required component beyond any amortization, then the minimum contribution would be the normal cost. The question does not provide enough information to calculate amortization amounts or to apply the full funding limitation precisely. Therefore, based on the information given and the typical components of minimum required contributions, the normal cost is the most direct answer. The question is designed to test the understanding that the normal cost is a fundamental component of the minimum required contribution.
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Question 27 of 30
27. Question
A municipal employer in Arkansas is in the process of designing a new defined contribution retirement plan for its employees. They are debating the order of priority for establishing key plan features. Considering the foundational requirements and the long-term success of such a plan, which of the following design elements should be prioritized during the initial planning and establishment phase to ensure maximum employee engagement and financial benefit?
Correct
The scenario describes a situation where an employer in Arkansas is considering a new defined contribution retirement plan. Arkansas law, particularly the Arkansas Public Employees Retirement System (APERS) Act, and general ERISA principles, govern the establishment and administration of such plans. When establishing a new plan, employers must consider various factors to ensure compliance and suitability. These factors include the plan’s funding mechanism, which dictates how contributions are made and invested; the eligibility criteria for participation, defining who can join the plan and when; the vesting schedule, determining when an employee has a non-forfeitable right to employer contributions; and the types of investment options available to participants, which impact the potential growth and risk of their retirement savings. Each of these elements is crucial for the plan’s operational integrity and its ability to meet the retirement security goals of employees. The question asks for the most critical factor in the initial design phase. While all are important, the funding mechanism and eligibility criteria are foundational to the plan’s existence and operation. However, the ultimate success and attractiveness of a defined contribution plan often hinge on the investment options provided, as these directly influence participant outcomes and their perception of the plan’s value. For a new plan, establishing a robust and diverse set of investment choices that align with participant risk tolerance and financial goals is paramount to encouraging participation and fostering long-term savings. Therefore, the selection of appropriate investment vehicles is a critical initial design consideration.
Incorrect
The scenario describes a situation where an employer in Arkansas is considering a new defined contribution retirement plan. Arkansas law, particularly the Arkansas Public Employees Retirement System (APERS) Act, and general ERISA principles, govern the establishment and administration of such plans. When establishing a new plan, employers must consider various factors to ensure compliance and suitability. These factors include the plan’s funding mechanism, which dictates how contributions are made and invested; the eligibility criteria for participation, defining who can join the plan and when; the vesting schedule, determining when an employee has a non-forfeitable right to employer contributions; and the types of investment options available to participants, which impact the potential growth and risk of their retirement savings. Each of these elements is crucial for the plan’s operational integrity and its ability to meet the retirement security goals of employees. The question asks for the most critical factor in the initial design phase. While all are important, the funding mechanism and eligibility criteria are foundational to the plan’s existence and operation. However, the ultimate success and attractiveness of a defined contribution plan often hinge on the investment options provided, as these directly influence participant outcomes and their perception of the plan’s value. For a new plan, establishing a robust and diverse set of investment choices that align with participant risk tolerance and financial goals is paramount to encouraging participation and fostering long-term savings. Therefore, the selection of appropriate investment vehicles is a critical initial design consideration.
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Question 28 of 30
28. Question
A school district in Arkansas, operating under the Arkansas Teacher Retirement System (ATRS), is reviewing its budget for the upcoming fiscal year. The district’s finance director is attempting to ascertain the precise percentage of covered payroll that the district must contribute to ATRS. Based on Arkansas pension law and the operational framework of ATRS, what is the primary determinant of this required employer contribution rate?
Correct
The Arkansas Teacher Retirement System (ATRS) is a defined benefit pension plan. Under Arkansas law, specifically Arkansas Code Annotated §24-7-101 et seq., the employer’s contribution rate is determined by the actuary for the system. This rate is not fixed by statute but is subject to periodic actuarial valuation to ensure the solvency and sustainability of the plan. The valuation considers factors such as employee and employer contributions, investment earnings, benefit payouts, and demographic trends of the membership. The resulting contribution rate is then recommended by the ATRS Board of Trustees and ultimately approved by the Arkansas General Assembly. Therefore, the employer contribution rate for ATRS is a dynamic figure derived from actuarial calculations and legislative approval, not a static percentage set by statute or solely by the employer. The employer’s responsibility is to contribute the rate determined by the actuarial valuation, which is designed to fund the promised benefits.
Incorrect
The Arkansas Teacher Retirement System (ATRS) is a defined benefit pension plan. Under Arkansas law, specifically Arkansas Code Annotated §24-7-101 et seq., the employer’s contribution rate is determined by the actuary for the system. This rate is not fixed by statute but is subject to periodic actuarial valuation to ensure the solvency and sustainability of the plan. The valuation considers factors such as employee and employer contributions, investment earnings, benefit payouts, and demographic trends of the membership. The resulting contribution rate is then recommended by the ATRS Board of Trustees and ultimately approved by the Arkansas General Assembly. Therefore, the employer contribution rate for ATRS is a dynamic figure derived from actuarial calculations and legislative approval, not a static percentage set by statute or solely by the employer. The employer’s responsibility is to contribute the rate determined by the actuarial valuation, which is designed to fund the promised benefits.
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Question 29 of 30
29. Question
A restaurant in Little Rock, Arkansas, employs servers who customarily and regularly receive more than \$30 per month in tips. The employer intends to utilize the tip credit provision under Arkansas law. If the Arkansas minimum wage is \$11.00 per hour, and the employer proposes to pay a direct cash wage of \$2.63 per hour to these servers, what is the minimum average hourly tip amount these servers must receive for the employer to satisfy the Arkansas Minimum Wage Act’s requirements without further cash contribution from the employer?
Correct
The question pertains to the application of the Arkansas Minimum Wage Act concerning tipped employees. Arkansas law, specifically referencing the Arkansas Minimum Wage Act, permits an employer to take a credit against the minimum wage for tips received by a tipped employee. This credit, however, cannot reduce the employee’s cash wage below a certain threshold, which is set by state law. The federal Fair Labor Standards Act (FLSA) also allows for a tip credit, but state laws can mandate a higher cash wage for tipped employees than the federal minimum. In Arkansas, while the federal minimum wage is \$7.25 per hour, the state has its own provisions. The Arkansas Minimum Wage Act, as amended, allows employers to pay a cash wage of \$2.63 per hour to tipped employees, provided that the total cash wage plus tips equals at least the state minimum wage. The state minimum wage in Arkansas is currently \$11.00 per hour. Therefore, if an employer pays \$2.63 per hour in cash to a tipped employee, and that employee receives an average of \$8.37 per hour in tips, their total hourly compensation would be \$2.63 (cash wage) + \$8.37 (tips) = \$11.00, which meets the Arkansas minimum wage requirement. The key is that the employer’s cash contribution, combined with the employee’s tips, must reach the state minimum wage. If tips are insufficient to bring the total to \$11.00, the employer must make up the difference. This mechanism ensures that even tipped employees are guaranteed to earn at least the state’s minimum wage.
Incorrect
The question pertains to the application of the Arkansas Minimum Wage Act concerning tipped employees. Arkansas law, specifically referencing the Arkansas Minimum Wage Act, permits an employer to take a credit against the minimum wage for tips received by a tipped employee. This credit, however, cannot reduce the employee’s cash wage below a certain threshold, which is set by state law. The federal Fair Labor Standards Act (FLSA) also allows for a tip credit, but state laws can mandate a higher cash wage for tipped employees than the federal minimum. In Arkansas, while the federal minimum wage is \$7.25 per hour, the state has its own provisions. The Arkansas Minimum Wage Act, as amended, allows employers to pay a cash wage of \$2.63 per hour to tipped employees, provided that the total cash wage plus tips equals at least the state minimum wage. The state minimum wage in Arkansas is currently \$11.00 per hour. Therefore, if an employer pays \$2.63 per hour in cash to a tipped employee, and that employee receives an average of \$8.37 per hour in tips, their total hourly compensation would be \$2.63 (cash wage) + \$8.37 (tips) = \$11.00, which meets the Arkansas minimum wage requirement. The key is that the employer’s cash contribution, combined with the employee’s tips, must reach the state minimum wage. If tips are insufficient to bring the total to \$11.00, the employer must make up the difference. This mechanism ensures that even tipped employees are guaranteed to earn at least the state’s minimum wage.
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Question 30 of 30
30. Question
Following the demise of Mr. Eldridge Abernathy, a vested member of the Arkansas Teacher Retirement System (ATRS) who had not designated a beneficiary for his accumulated contributions, his estate attorney inquired about the proper distribution of these funds. Mr. Abernathy was survived by his wife, Mrs. Clara Abernathy, and his two adult children from a previous marriage, Mr. Benjamin Abernathy and Ms. Diane Abernathy. His parents, Mr. and Mrs. George Abernathy, are also deceased. Which entity or individual is legally entitled to receive Mr. Abernathy’s accumulated contributions under Arkansas law, considering the absence of a beneficiary designation?
Correct
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate its operations and the benefits it provides. When considering the distribution of a deceased member’s accumulated contributions, the order of precedence for beneficiaries is crucial. Arkansas Code § 24-7-106 outlines this order. It specifies that if a member has not designated a beneficiary, or if the designated beneficiary is deceased, the benefits will be paid in the following order: first, to the member’s surviving spouse; second, to the member’s children in equal shares; third, to the member’s parents in equal shares; and finally, to the member’s estate. In this scenario, Mr. Abernathy, a vested member of ATRS, passed away without a designated beneficiary. His surviving spouse, Ms. Abernathy, is alive. Therefore, according to the statutory order of precedence, she is the primary recipient of his accumulated contributions. The law prioritizes the surviving spouse over any other potential heirs or the estate.
Incorrect
The Arkansas Teacher Retirement System (ATRS) is governed by specific statutes that dictate its operations and the benefits it provides. When considering the distribution of a deceased member’s accumulated contributions, the order of precedence for beneficiaries is crucial. Arkansas Code § 24-7-106 outlines this order. It specifies that if a member has not designated a beneficiary, or if the designated beneficiary is deceased, the benefits will be paid in the following order: first, to the member’s surviving spouse; second, to the member’s children in equal shares; third, to the member’s parents in equal shares; and finally, to the member’s estate. In this scenario, Mr. Abernathy, a vested member of ATRS, passed away without a designated beneficiary. His surviving spouse, Ms. Abernathy, is alive. Therefore, according to the statutory order of precedence, she is the primary recipient of his accumulated contributions. The law prioritizes the surviving spouse over any other potential heirs or the estate.