Arizona Senate passes bill by Sen. Livingston amending long-term disability program provisions

Passed bill authored by State Sen. David Livingston seeks to amend provisions of the long-term disability program under the Arizona State Retirement System, aiming to clarify benefit limits, eligibility criteria, and conditions for suspension or cessation of benefits, according to the Arizona State House.

It passed both chambers as of June 27, clearing the House by a vote of 53-0 and the Senate by a vote of 29-0.

The bill, introduced as HB2077 on Jan. 9, ahead of the official start of the 57th Legislature’s first regular session on Jan. 13, was formally listed with the short title: ‘ASRS; long-term disability’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends provisions related to the long-term disability (LTD) program under the Arizona State Retirement System. It outlines limitations on benefits, which are generally capped at two-thirds of a member’s monthly salary and reduced by various offsets, such as a percentage of social security benefits and veterans’ disability payments. Benefits are unattainable if the claim is filed more than 12 months after disability onset, except for good cause, and cease under conditions such as recovery from disability or incarceration. The bill defines conditions for disability, detailing eligibility based on objective medical evidence. The bill also specifies that, despite disability, members may continue to receive creditable service for retirement benefits, with certain caps. Furthermore, it allows for benefit suspension if a member fails to provide requested documentation and defines “objective medical evidence” for assessing disability.

In the House, 23 Democrats and 30 Republicans voted in favor, with no opposition.

Meanwhile, in the Senate, 13 Democrats and 16 Republicans voted in favor, also with no opposing votes.

Livingston introduced the bill in the Arizona House on Jan. 9 ahead of the official start of the 57th Legislature’s first regular session on Jan. 13.

Livingston graduated from Arizona State University in 1988 with a BS.

Livingston, a Republican, was elected to the Arizona State House in 2023 to represent the state’s 28th House District, replacing previous state representative Kelli Butler.

The bill was signed into law by Gov. Katie Hobbs on July 1.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.