SB 1107

Senate Engrossed
peace officer
  certification; alternative pathway
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 32
SENATE BILL 1107
AN
ACT
Amending sections 38-884 and 41-1822,
Arizona Revised Statutes; relating to the Arizona peace officer standards and
training board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-884, Arizona Revised
Statutes, is amended to read:
START_STATUTE38-884. Membership of retirement plan; termination; credited service; redemption;
reemployment
A. Each employee of a participating employer is a
member of the plan unless the employee is receiving a pension from the plan.� A
person employed shall undergo a medical examination performed by a designated
physician or a physician working in a clinic that is appointed by the local
board or, in the case of a state correctional officer who is employed by the
state department of corrections, complete a physical examination pursuant to
section 41-1822, subsection B  d. For the purposes of subsection B of this section,
the designated physician or a physician working in a clinic that is appointed
by the local board may be the employer's regular employee or contractor.
B. The purpose of the medical examination authorized
by this section is to identify a member's physical or mental condition or
injury that existed or occurred before the member's date of membership in the
plan. Any employee who fails or refuses to submit to the medical
examination prescribed in this section is deemed to waive all rights to
disability benefits under this article. Medical examinations
conducted under this article shall be conducted by a physician and shall not be
conducted or used for purposes of hiring, advancing, discharging, job training
or other terms, conditions and privileges of employment unrelated to receipt or
qualification for pension benefits or service credits from the
fund. This subsection does not affect or impair the right of an
employer to prescribe medical or physical standards for employees or
prospective employees.
C. If a member who becomes a member of the plan
before January 1, 2012 ceases to be an employee for any reason other than death
or retirement, within twenty days after filing a completed application with the
board, the member is entitled to receive the following amounts, less any
benefit payments the member has received and any amount the member may owe to
the plan:
1. If the member has less than five years of
credited service with the plan, the member may withdraw the member's
accumulated contributions from the plan.
2. If the member has five or more years of credited
service with the plan, the member may withdraw the member's accumulated
contributions plus an amount equal to the amount determined as follows:
(a) 5.0 to 5.9 years of credited service, twenty-five
percent of all member contributions deducted from the member's salary pursuant
to section 38-891, subsection B.
(b) 6.0 to 6.9 years of credited service, forty
percent of all member contributions deducted from the member's salary pursuant
to section 38-891, subsection B.
(c) 7.0 to 7.9 years of credited service, fifty-five
percent of all member contributions deducted from the member's salary pursuant
to section 38-891, subsection B.
(d) 8.0 to 8.9 years of credited service, seventy
percent of all member contributions deducted from the member's salary pursuant
to section 38-891, subsection B.
(e) 9.0 to 9.9 years of credited service, eighty-five
percent of all member contributions deducted from the member's salary pursuant
to section 38-891, subsection B.
(f) 10.0 or more years of credited service, one
hundred percent of all member contributions deducted from the member's salary
pursuant to section 38-891, subsection B.
D. If a member who becomes a member of the plan
before January 1, 2012 has more than ten years of credited service with the
plan, leaves the monies prescribed in subsection C of this section on account
with the plan for more than thirty days after termination of employment and
after that time period requests a refund of those monies, the member is
entitled to receive the amount prescribed in subsection C of this section plus
interest at a rate determined by the board for each year computed from and
after the member's termination of employment.
E. The accumulated member contributions of a member
who ceases to be an employee for a reason other than death or retirement and
who becomes a member of the plan:
1. On or after January 1, 2012 and before July 1,
2018 shall be paid to the member plus interest at a rate determined by the
board as of the date of termination within twenty days after filing with the
plan a written application for payment.
2. For a member who has less than ten years of
credited service with the plan, on or after July 1, 2018 shall be paid to the
member plus interest at a rate determined by the board as of the date of
termination within twenty days after filing with the plan a written application
for payment.
F. If the refund includes monies that are an
eligible rollover distribution and the member elects to have the distribution
paid directly to an eligible retirement plan or individual retirement account
or annuity and specifies the eligible retirement plan or individual retirement
account or annuity to which the distribution is to be paid, the distribution
shall be made in the form of a direct trustee-to-trustee transfer
to the specified eligible retirement plan. The distribution shall be
made in the form and at the time prescribed by the board.
G. For distributions occurring from and after
December 31, 2007, a member or a member's beneficiary, including a nonspouse
designated beneficiary to the extent allowed under subsection H of this
section, may roll over an eligible rollover distribution as defined in section
402(c)(4) of the internal revenue code to a Roth individual retirement account,
if, for distributions occurring before January 1, 2010, the member or the
member's beneficiary satisfies the requirements for making a Roth individual
retirement account contribution under section 408A(c)(3)(B) of the internal
revenue code, as in effect on the date of the rollover. Any amount
rolled over to a Roth individual retirement account is included in the gross
income of the member or the member's beneficiary to the extent the amounts
would have been included in gross income if not rolled over as required under
section 408A(d)(3)(A) of the internal revenue code. For the purposes
of this subsection, the administrator is not responsible for ensuring the member
or the member's beneficiary is eligible to make a rollover to a Roth individual
retirement account.
H. For distributions made from and after December
31, 2009, a nonspouse designated beneficiary as defined in section 401(a)(9)(E)
of the internal revenue code may elect to directly roll over an eligible
rollover distribution to an individual retirement account under section 408(a)
of the internal revenue code or an individual retirement annuity under section
408(b) of the internal revenue code that is established on behalf of the
designated beneficiary and that will be treated as an inherited individual retirement
plan pursuant to section 402(c)(11) of the internal revenue code.� In order to
be able to roll over the distribution, the distribution otherwise must satisfy
the definition of an eligible rollover distribution as defined in section
402(c)(4) of the internal revenue code. In applying this subsection,
a nonspouse rollover is subject to the direct rollover requirements under
section 401(a)(31) of the internal revenue code, the rollover notice
requirements under section 402(f) of the internal revenue code and the
mandatory withholding requirements under section 3405(c) of the internal
revenue code.
I. For plan years occurring before January 1, 2007,
the period for providing the rollover notice as required under section 402(f)
of the internal revenue code is not less than thirty days and not more than
ninety days before the date of distribution and, for plan years beginning from
and after December 31, 2006, the period for providing the rollover notice as
required under section 402(f) of the internal revenue code is not less than
thirty days and not more than one hundred eighty days before the date of distribution.
J. Service shall be credited to a member's
individual credited service account in accordance with rules the local board
prescribes. In no case shall more than twelve months of credited
service be credited on account of all service rendered by a member in any one
year. In no case shall service be credited for any period during
which the member is not employed in a designated position, except as provided
by sections 38-921 and 38-922.
K. Credited service is forfeited if the amounts
prescribed in subsection C, D or E of this section are paid or are transferred
in accordance with this section.
L. If a former member becomes reemployed with the
same employer within two years after the former member's termination date, a
member may have forfeited credited service attributable to service rendered
during a prior period of service as an employee restored on satisfaction of
each of the following conditions:
1. The member files with the plan a written
application for reinstatement of forfeited credited service within ninety days
after again becoming an employee.
2. The retirement fund is paid the total amount
previously withdrawn pursuant to subsection C, D or E of this section plus
compound interest from the date of withdrawal to the dates of repayment.�
Interest shall be computed at the rate of nine percent for each year compounded
each year from the date of withdrawal to the date of repayment.� Forfeited
credited service shall not be restored until complete payment is received by
the fund.
3. The required payment is completed within one year
after returning to employee status.
M. If a member who receives a severance refund on
termination of employment pursuant to subsection C, D or E of this section is
subsequently reemployed by an employer, the member's prior service credits are
cancelled, and the board shall credit service only from the date the member's
most recent reemployment period commenced. A present active member
of the plan who received a refund of accumulated contributions from the plan
pursuant to subsection C, D or E of this section, forfeited credited service
pursuant to subsection K of this section and becomes reemployed with the same
employer two years or more after the member's termination date or becomes
reemployed with another employer may elect to redeem any part of that forfeited
credited service by paying into the plan any amounts required pursuant to this
subsection.� A present active member who elects to redeem any part of forfeited
credited service for which the member is deemed eligible by the board shall pay
into the plan the amounts previously paid or transferred as a refund of the
member's accumulated contributions plus an amount, computed by the plan's
actuary that is necessary to equal the increase in the actuarial present value
of projected benefits resulting from the redemption calculated using the
actuarial methods and assumptions prescribed by the plan's
actuary. On satisfaction of this obligation, the board shall
reinstate the member's prior service credits.
N. A retired member may become employed by the
employer from which the employee retired in a designated position and continue
to receive a pension if the employment occurs at least six months after
retirement.� The retired member shall not contribute to the fund and shall not
accrue credited service. If a retired member becomes employed by the
employer from which the employee retired in a designated position, including in
a contracted or leased position, before six months after retirement, the
following apply:
1. Payment of the retired member's pension shall be
suspended until the retired member again ceases to be an
employee. The amount of pension shall not be changed on account of
service as an employee subsequent to retirement.
2. The retired member shall not contribute to the
fund and shall not accrue credited service.
3. Any pension payments received by a retired
member, who retired on or after July 1, 2009, during a period of reemployment
are considered overpayments pursuant to section 38-899.� If the board
determines in the board's sole discretion, for a member who retired on or after
July 1, 2009, that the retired member's reemployment during the six-month
period and the failure of the employer or the local board to suspend the
member's pension were not intentional to circumvent the requirements of this
subsection, the pension payments received by the retired member during
reemployment are subject to repayment up to only the amount received between
the date of the member's reemployment and the expiration of the six-month
period.
4. If a retired member who retired on or after July
1, 2009 and who is reemployed terminates employment, the retired member may be
subsequently reemployed with the employer from which the member retired in a
designated position and resume receiving pension payments after a period of six
months, less the period of time the retired member was not reemployed by the
employer from which the member retired in a designated position after
retirement, if at least sixty days of the six months are consecutive.
O. Notwithstanding any other provision of this
article, a member who retires having met all of the qualifications for
retirement and who subsequently becomes an elected official, by election or
appointment, is not considered reemployed by the same employer. END_STATUTE
Sec. 2. Section 41-1822, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-1822. Powers and duties of board;
definition
A. With respect to peace officer training and
certification, the board shall:
1. Establish rules for the government and conduct of
the board, including meeting times and places and matters to be placed on the
agenda of each meeting.
2. Make recommendations, consistent with this
article, to the governor, the speaker of the house of representatives and the
president of the senate on all matters relating to law enforcement and public
safety.
3. Prescribe reasonable minimum qualifications for
officers to be appointed to enforce the laws of this state and the political
subdivisions of this state and certify officers in compliance with these
qualifications.� Notwithstanding any other law, the qualifications shall
require United States citizenship, shall relate to physical, mental and moral
fitness and shall govern the recruitment, appointment and retention of all
agents, peace officers and police officers of every political subdivision of
this state. The board shall constantly review the qualifications established by
this section and may amend the qualifications at any time, subject to the
requirements of section 41-1823.
4. Prescribe minimum courses of training and minimum
standards for training facilities for law enforcement officers.� Only this
state and political subdivisions of this state may conduct basic peace officer
training.� Basic peace officer academies may admit individuals who are not
peace officer cadets only if a cadet meets the minimum qualifications
established by paragraph 3 of this subsection. Training shall
include:
(a) Courses in responding to and reporting all
criminal offenses that are motivated by race, color, religion, national origin,
sexual orientation, gender or disability.
(b) Training certified by the director of the
department of health services with assistance from a representative of the
board on the nature of unexplained infant death and the handling of cases
involving the unexplained death of an infant.
(c) Medical information on unexplained infant death
for first responders, including awareness and sensitivity in dealing with
families and child care providers, and the importance of forensically competent
death scene investigations.
(d) Information on the protocol of investigation in
cases of an unexplained infant death, including the importance of a consistent
policy of thorough death scene investigation.
(e) The use of the infant death investigation
checklist pursuant to section 36-3506.
(f) If an unexplained infant death occurs, the value
of timely communication between the medical examiner's office, the department
of health services and appropriate social service agencies that address the
issue of infant death and bereavement, to achieve a better understanding of
these deaths and to connect families to various community and public health
support systems to enhance recovery from grief.
5. Recommend curricula for advanced courses and
seminars in law enforcement and intelligence training in universities, colleges
and community colleges, in conjunction with the governing body of the
educational institution.
6. Make inquiries to determine whether this state or
political subdivisions of this state are adhering to the standards for
recruitment, appointment, retention and training established pursuant to this
article.� The failure of this state or any political subdivision to adhere to
the standards shall be reported at the next regularly scheduled meeting of the
board for action deemed appropriate by that body.
7. Employ an executive director and other staff as
are necessary to fulfill the powers and duties of the board in accordance with
the requirements of the law enforcement merit system council.
8. Beginning January 1, 2027,
establish an alternative pathway for peace officer
certification in this state for Veterans of the united states armed forces who were military police
officers and who were HONORABLY discharged.
B. The alternative pathway for peace
officer certification that is established pursuant to subsection A, paragraph 8
of this section shall do all of the following:
1. Accept an APPLICANT'S existing
military police training and experience toward the Arizona Peace Officer
Standards and Training requirements of this state.
2. Allow eligible applicants to
complete an abbreviated ARIZONA PEACE OFFICER STANDARDS AND TRAINING program
that focuses on the laws, procedures and community policing requirements of
this state.
3. Require applicants to pass the
BOARD-approved certification examination on peace officer procedures and the
laws of this state and MAINTAIN all current statutory requirements relating to
moral character, medical and psychological fitness and background
investigations.
C. All eligible applicants shall
submit an application on a f0rm prescribed by the board for THE ALTERNATIVE
PATHWAY FOR PEACE OFFICER CERTIFICATION ESTABLISHED PURSUANT TO SUBSECTION A OF
THIS SECTION and the board shall PROCESS ALL APPLICATIONS within sixty days
after RECEIVING a completed application.
B. D. With
respect to state department of corrections correctional officers, the board
shall:
1. Approve a basic training curriculum of at least
two hundred forty hours.
2. Establish uniform minimum
standards. These standards shall include high school graduation or
the equivalent and a physical examination as prescribed by the director of the
state department of corrections.
3. Establish uniform standards for background
investigations, including criminal histories under section 41-1750, of
all applicants before enrolling in the academy. The board may adopt
special procedures for extended screening and investigations in extraordinary
cases to ensure suitability and adaptability to a career as a correctional
officer.
4. Issue a certificate of completion to any state
department of corrections correctional officer who satisfactorily complies with
the minimum standards and completes the basic training program. The
board may issue a certificate of completion to a state department of
corrections correctional officer who has received comparable training in
another state if the board determines that the training was at least equivalent
to that provided by the academy and if the person complies with the minimum
standards.
5. Establish continuing training requirements and
approve curricula.
C. E. With
respect to peace officer misconduct, the board may:
1. Receive complaints of peace officer misconduct
from any person, request law enforcement agencies to conduct investigations and
conduct independent investigations into whether an officer is in compliance
with the qualifications established pursuant to subsection A, paragraph 3 of
this section.
2. Receive a complaint of peace officer misconduct
from the president or chief executive officer of a board recognized law
enforcement association that represents the interests of certified law
enforcement officers if the association believes that a law enforcement agency
refused to investigate or made findings that are contradictory to prima facie
evidence of a violation of the qualifications established pursuant to
subsection A, paragraph 3 of this section.� If the board finds that the law enforcement
agency refused to investigate or made findings that contradicted prima facie
evidence of a violation of the qualifications established pursuant to
subsection A, paragraph 3 of this section, the board shall conduct an
independent investigation to determine whether the officer is in compliance
with the qualifications established pursuant to subsection A, paragraph 3 of
this section and provide a letter of the findings based on the investigation
conducted by the board to the president or chief executive officer of the board
recognized law enforcement association who made the complaint.
D. F. The
board may:
1. Deny, suspend, revoke or cancel the certification
of an officer who is not in compliance with the qualifications established
pursuant to subsection A, paragraph 3 of this section.
2. Provide training and related services to assist
state, tribal and local law enforcement agencies to better serve the public,
including training for emergency alert notification systems.
3. Enter into contracts to carry out its powers and
duties.
E. G. This
section does not create a cause of action or a right to bring an action,
including an action based on discrimination due to sexual orientation.
F. H. For
the purposes of this section, "sexual orientation" means consensual
homosexuality or heterosexuality. END_STATUTE
Sec. 3. Legislative intent and findings
The legislature intends to establish
an accelerated, fair and standardized process for eligible military police
veterans to receive Arizona peace officer certification and finds that:
1. Military police veterans
possess substantial training, discipline and law enforcement experience gained
through active duty service.
2. Transitioning veterans
into civilian policing strengthens public safety while honoring their service.
3. Several states,
including Texas, Florida and North Carolina provide expedited pathways for
military police to become peace officers.
Sec. 4. Short title
This act may be cited as the
"Military Police to Peace Officer Pathway Act".
APPROVED BY THE GOVERNOR APRIL 13, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.