Ariz. Rev. Stat. » Title 38
Arizona Revised Statutes

Ariz. Rev. Stat. § 38-844.01 (2026)

Vested rights to benefits

✓ current as of May 2026
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A member of the system does not have vested rights to benefits under the system, except as provided in section 38-854, until he files an application for benefits and is found eligible for those benefits as provided in this article. An eligible claimant's rights to benefits vest on the date of his application for those benefits or his last day of employment under the system, whichever occurs first.

Notes of Decisions
Cited in 4 cases, 1986–2001 · leading case: Koelsch v. Koelsch, 713 P.2d 1234 (Ariz. 1986).
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Koelsch v. Koelsch, 713 P.2d 1234 (Ariz. 1986). · cites it 2× “The recently enacted A.R.S. § 38-844.01, which provides for vesting only after the employee has applied for benefits and is found eligible, does not affect our analysis in this case.”
Fund Manager, Pub. Saf. Pers. Ret. Sys. v. City of Phoenix Police Dep't Pub. Saf. Pers. Ret. Sys. Bd., 728 P.2d 1237 (Ariz. Ct. App. 1986). · cites it 2× “01, effective July 27, 1983, which provides: A member of the system does not have vested rights to benefits under the system, except as provided in § 38-854, until he files an application for benefits and is found eligible for those benefits as provided in this article.”
Snyder v. Tucson Police Pub. Saf. Pers. Ret. Sys. Bd., 32 P.3d 420 (Ariz. Ct. App. 2001). · cites it 2× “§ 38-842, defining various terms found in § 38-845; A.R.S. § 38-844.01, stating when retirement benefits vest; and A.”
Snyder v. Tucson Police Pub. Saf. Ret. Sys., 32 P.3d 420 (Ariz. Ct. App. 2001). · cites it 2× “[3] The personal representative and Caren's parents concede they have no interest in the plan's death benefits. [4] Nor do we find any such language in those statutes related to A.”
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