Legal Opinion

Cross v. Elected Officials Retirement Plan

Court of Appeals of Arizona

Decided May 15, 2014No. 1 CA-CV 12-0884PublishedCited by 6 opinions

1Opinion of the Court

OPINION

JOHNSEN, Judge.

¶ 1 The Elected Officials Retirement Plan appeals the superior court’s judgment overturning the Plan’s decisions to reduce the pension benefits of its former Administrator and to suspend his pension altogether until it could recoup some $600,000 in purported overpayments. For the following reasons, we reverse the judgment in part and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶2 The Plan is a statutory public retirement plan for elected officials. Arizona Revised Statutes (“A.R.S.”) sections 38-801(15) (2014), -804(A) (2014). 1 It was created in 1985,…

2Cases cited37 opinions

  1. Hayes v. Continental InsuranceArizona Supreme Court · 1994
  2. Yeazell v. CopinsArizona Supreme Court · 1965
  3. Bilke v. StateArizona Supreme Court · 2003
  4. City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008
  5. Valencia Energy Co. v. Arizona Department of RevenueArizona Supreme Court · 1998

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3Cited by6 opinions

  1. Hall v. Elected Officials' Retirement PlanArizona Supreme Court · 2016
  2. Piccioli v. City of Phx.Court of Appeals of Arizona · 2019
  3. American Federation v. City of PhoenixArizona Supreme Court · 2020
  4. Frank Piccioli v. City of PhoenixArizona Supreme Court · 2020
  5. Hall v. Elected Officials' Retirement PlanArizona Supreme Court · 2016

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