Fields v. Elected Officials' Retirement Plan

Justice BRUTINEL,

opinion of the Court.

¶ 1 Arizona Revised Statutes Section 38-818 establishes a formula for calculating pension benefit increases for retired members of the Elected Officials’ Retirement Plan (“Plan”). In 2011, the legislature modified that formula by enacting Senate Bill (“S.B.”) 1609. Because that statute diminishes and impairs the retired members’ benefits, we hold that it violates the Pension Clause of Article 29, § 1(C) of the Arizona Constitution.

I

¶ 2 In 1985, the Arizona Legislature established the Elected Officials’ Retirement Plan to provide pension benefits for…