Arizona Revised Statutes

Ariz. Rev. Stat. § 38-765 (2026)

Errors; benefit recomputation

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

If any change or error in the records results in any member or beneficiary receiving from ASRS more or less than the member or beneficiary would have been entitled to receive if the records had been correct, ASRS shall correct the error and as far as practicable shall adjust the payments in a manner so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid. ASRS shall correct any change or error and shall pay the appropriate monies to a member or beneficiary or shall recover monies from the member or beneficiary if the member or beneficiary is overpaid. ASRS shall recover monies by reducing any benefit otherwise payable by ASRS or the LTD program established by article 2.1 of this chapter to an active, inactive, person with a disability or retired member, survivor, contingent annuitant, beneficiary or alternate payee.

Notes of Decisions

Cited in 2 cases, 2017–2020 · leading case: Di Giacinto v. Arizona State Ret. Sys., 395 P.3d 292 (Ariz. Ct. App. 2017).

Sort: Relevance Newest Treatment

Di Giacinto v. Arizona State Ret. Sys., 395 P.3d 292 (Ariz. Ct. App. 2017). · cites it 2× “¶ 5 In June 2014, Hillis requested a review of the final DRO’s distribution allocation, invoking ASRS’s authority to correct errors under A.R.S. § 38-765. ASRS nominally denied his “request .”

Susan Lagerman v. Arizona State Ret. Sys. (Ariz. 2020). · cites it 2× “When a change or error in Agency records results in a member receiving less than the correct amount, A.R.S. § 38-765 requires the Agency to “correct the error and as far as practicable .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.