Cleland v. Corrections Officer Retirement Plan

OPINION

LACAGNINA, Presiding Judge.

In this appeal from the judgment of the superior court, Scott J. Cleland argues that the Corrections Officer Retirement Plan (the Fund) and its manager abused their discretion by failing to properly weigh evidence of his accidental disability and that its definition of “gainful employment” violates A.R.S. § 38-881. We disagree and affirm.

FACTS AND PROCEDURAL HISTORY

On January 30, 1989, Cleland submitted an application for an accidental disability pension, alleging that he had reinjured his knee while working at Fort Grant as a prison guard. Cleland stated in…