Arizona Revised Statutes

Ariz. Rev. Stat. § 38-602 (2026)

Limitation on action for salary; waiver of right to additional salary

✓ current as of May 2026
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A. State and county officers, or former officers, their personal representatives or assigns, claiming the right to a salary as an officer or former officer due by virtue of any law of this state, shall bring an action for such salary within ninety days after the date the salary becomes due, and not thereafter.

B. In such action if it is alleged and proved that the party has received the compensation fixed by law, it shall be conclusively presumed that any right to additional salary has been waived and that the party has elected to receive such compensation in full payment.

Notes of Decisions
Cited in 3 cases, 1946–2008 · leading case: Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C., 183 P.3d 544 (Ariz. Ct. App. 2008).
Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C., 183 P.3d 544 (Ariz. Ct. App. 2008). · cites it 2× “§ 23-341(F) (six-month limitation period in action for equal pay); A.R.S. § 38-602(A) (state and county officials must bring claims for unpaid salary within ninety days after salary due); A.”
Michael Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C. (Ariz. Ct. App. 2008). · cites it 2× “§ 23-341(F) (six-month limitation period in action for equal pay); A.R.S. § 38-602(A) (state and county officials must bring claims for unpaid salary within ninety days after salary due); A.”
Graham v. Gipson, 167 P.2d 383 (Ariz. 1946). · cites it 2× “The order of January 30, 1945, denying appellant’s petition for the appointment of a special administrator, is not an appealable order under our statutes. There is no provision in section 21-1702, supra, providing for an appeal either from the appointment or refusal to appoint a…”
— Ariz. Rev. Stat. § 38-602(A) — 2 cases
Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C., 183 P.3d 544 (Ariz. Ct. App. 2008). “§ 23-341(F) (six-month limitation period in action for equal pay); A.R.S. § 38-602(A) (state and county officials must bring claims for unpaid salary within ninety days after salary due); A.”
Michael Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C. (Ariz. Ct. App. 2008). “§ 23-341(F) (six-month limitation period in action for equal pay); A.R.S. § 38-602(A) (state and county officials must bring claims for unpaid salary within ninety days after salary due); A.”
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