38-810.02. Statutory construction
A. Because the plan as enacted at a particular time is a unique amalgam of rights and obligations having a critical impact on the actuarial integrity of the plan, the legislature intends that the plan as enacted at a particular time be construed and applied as a coherent whole and without reference to any other provision of the plan in effect at a different time.
B. The plan was established in order to provide a uniform, consistent and equitable statewide program for those eligible elected officials as defined by the plan. A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits. An eligible claimant's right to benefits vests on the date of the member's application for those benefits or the member's last day of employment under the plan, whichever occurs first.
Notes of Decisions
Hall v. Elected Officials' Ret. Plan, 383 P.3d 1107 (Ariz. 2016).
· cites it 6× “EORP and the State noted that in 2000, the Legislature had enacted A.R.S. § 38-810.02 (“the vesting statute”), providing that EORP benefits vest at the time the employee applies for benefits or retires.”
Cross v. Elected Officials Ret. Plan, 325 P.3d 1001 (Ariz. Ct. App. 2014).
· cites it 3× “In relevant part, the statute states: A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits.”
Hon. Hall v. eorp/state (Ariz. 2016).
· cites it 2× “¶86 As a general proposition, we agree with defendants that the state is free to change pension terms or benefits or eliminate them altogether for new employees, as the state did by changing to a defined- contribution system for judges and elected officials in 2013.”
— Ariz. Rev. Stat. § 38-810.02(B) — 1 case
Cross v. Elected Officials Ret. Plan, 325 P.3d 1001 (Ariz. Ct. App. 2014).
“In relevant part, the statute states: A member of the plan does not have a vested right to benefits under the plan until the member files an application for benefits and is found eligible for those benefits.”
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