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FUND MANAGER v. CITY OF PHOENIX POLICE DEPT.

No. 1 CA-CIV 8314.

151 Ariz. 487 (1986)

728 P.2d 1237

FUND MANAGER, PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM, Plaintiff-Appellant, v. CITY OF PHOENIX POLICE DEPARTMENT PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM BOARD; and Joseph R. Coplan, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied December 2, 1986.

Attorney(s) appearing for the Case

Eaton, Lazarus, Dodge & Lowry, Ltd. by Marc R. Lieberman, Phoenix, for plaintiff-appellant.

Napier & Jones, P.C. by Robert E. Jones, Jr., Phoenix, for defendant-appellee City of Phoenix Police Dept. Public Safety Personnel Retirement System Bd.

Davis & Layton, P.C. by Norman J. Davis, Goodyear, for defendant-appellee Joseph R. Coplan.

OPINION

MEYERSON, Judge.

When City of Phoenix policeman Joseph R. Coplan was hired in 1971, state law provided that he would receive an accidental disability pension if an injury incurred in the performance of his job prevented him from performing his regularly assigned duties. Nine years later, the law was amended to provide for a disability pension only if an employee was unable to perform a reasonable range of duties within his department. Several months...

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