Legal Opinion

Arizona State University ex rel. Arizona Board of Regents v. Arizona State Retirement System

Court of Appeals of Arizona

Decided May 5, 2015No. 1 CA-CV 14-0083PublishedCited by 6 opinions

1Opinion of the Court

OPINION

NORRIS, Judge:

¶ 1 The dispositive question in this appeal is whether Defendant/Appellee, the Arizona State Retirement System, was required to follow the rulemaking procedure set forth in Arizona’s Administrative Procedure Act before enforcing a policy under which it charged Plaintiff/Appellant, Arizona State University, for an actuarial unfunded liability reportedly arising when 17 University employees retired. We hold that it was, and because the System failed to follow the rule-*248making procedure, the policy is invalid. Accordingly, we reverse and remand to the superior court for entry…

2Cases cited11 opinions

  1. Valdes v. CoryCalifornia Court of Appeal · 1983
  2. Ezell v. QuonCourt of Appeals of Arizona · 2010
  3. City of Sacramento v. Public Employees Retirement SystemCalifornia Court of Appeal · 1991
  4. Forsythe v. PaschalArizona Supreme Court · 1928
  5. Cochise County v. Arizona Health Care Cost Containment SystemCourt of Appeals of Arizona · 1992

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3Cited by6 opinions

  1. Arizona State University Board of Regents v. Arizona State Retirement SystemCourt of Appeals of Arizona · 2017
  2. BSI Holdings, LLC v. Arizona Department of TransportationCourt of Appeals of Arizona · 2017
  3. Lagerman v. AsrsCourt of Appeals of Arizona · 2019
  4. Bsi v. AdotCourt of Appeals of Arizona · 2017
  5. REPUBLICAN NATL COMMITTEE v. FONTESArizona Supreme Court · 2026

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