A. The elected officials' retirement plan is established.
B. The elected officials' retirement plan fund is established. The fund shall be made up of the assets of the judges' retirement plan and the elected officials' retirement plan terminated on August 7, 1985 plus the assets generated by this plan and the assets of the administrator of the board in the state employees retirement plan on the date of transfer plus any assets transferred to the fund in accordance with a joinder agreement. The fund shall be used exclusively for payment of benefits to retired members or their beneficiaries as provided in this article and for payment of the administration, operation and investment expenses of the plan. In no case shall any portion of the fund revert or otherwise be paid to an employer.
C. The board shall administer, manage and operate the plan and fund.
D. The elected officials' retirement plan is a jural entity that may sue and be sued.
Notes of Decisions
Hall v. Elected Officials' Ret. Plan, 383 P.3d 1107 (Ariz. 2016).
· cites it 2× “A.R.S. § 38-802. The Plan’s fund is used “exclusively for payment of benefits to retired members or their beneficiaries” and “for payment of the administration, operation and investment expenses of the plan.”
Thurston v. Judges' Ret. Plan, 876 P.2d 545 (Ariz. 1994).
· cites it 2× “Edwin Thurston, was a Maricopa County Superior Court judge from January 1, 1965 to February 24, 1976, at which time he applied for and received retirement benefits for medical disability pursuant to A.R.S. § 38-802. When Judge Thurston took office, and when he retired, the…”
Clark Kerr v. M killian/az Dept of Revenue, 84 P.3d 446 (Ariz. 2004).
· cites it 2× “See A.R.S. § 38-802 (2001). 5 . At the same time, the legislature amended § 43-1022 to allow the annual deduction of up to $2500 of retirement benefits received by the taxpayer from either state or federal retirement systems.”
Jones v. Comm'r, 71 T.C. 128 (1978).
· cites it 5× “Retirement for physical or mental incapacity; application; amount A.”
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