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McCLEAD v. PIMA COUNTY

No. 1 CA-CV 90-477.

174 Ariz. 348 (1992)

849 P.2d 1378

Edward McCLEAD and Nellie A. McClead, husband and wife, Plaintiffs/Appellants, v. PIMA COUNTY and Board of Supervisors; State Retirement Plan and System and Board of Directors; Elected Officials' Retirement Plan and Fund Manager; Public Safety Personnel Retirement System and Fund Manager; Corrections Officer Retirement Plan and Fund Manager; and State of Arizona, Defendants/Appellees.

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

Review Denied May 4, 1993.

Attorney(s) appearing for the Case

John S. O'Dowd and O'Dowd, Burke & Lundquist, P.C. by Erik M. O'Dowd, Tucson, for plaintiffs, appellants.

Eaton, Lieberman & Dodge, Ltd. by Marc R. Lieberman, Phoenix, for Defendants, Appellees Public Safety Personnel Retirement System and Fund Manager, Elected Officials' Retirement Plan and Fund Manager, Corrections Officer Retirement Plan and Fund Manager.

Stephen D. Neely, Pima County Atty. by Peter E. Pearman, Deputy County Atty., Tucson, for defendants, appellees Pima County and Bd. of Sup'rs.

Grant Woods, Atty. Gen. by David Rich, Mariannina E. Preston, Fred W. Stork and Bonnie E. Elber, Asst. Attys. Gen., Phoenix, for defendants, appellees Ariz. State Retirement Plan and System and Bd. of Directors and State of Ariz.

Ridge & Issaacson, P.C. by Lewis Kowal, Phoenix, for amicus curiae State Lodge of Fraternal Order of Police.

OPINION

McGREGOR, Judge.

This action requires us to determine whether increases in state employee retirement benefits that are authorized after the benefiting employees have retired violate the extra compensation and gift clauses of the Arizona Constitution or impair the obligations of contract of other vested members of the retirement plans. Because the challenged benefits were not paid from funds belonging to the state, we find no unconstitutional extra...

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