DI GIACINTO v. STATE RETIREMENT SYSTEM

No. 1 CA-CV 15-0722.

395 P.3d 292 (2017)

Sharon DI GIACINTO, Appellant, v. ARIZONA STATE RETIREMENT SYSTEM; Richard Hillis, Appellees.

Court of Appeals of Arizona, Division 1.

FILED April 4, 2017.


Attorney(s) appearing for the Case

Robaina & Kresin, PLLC, Phoenix, By Thomas T. Griffin , Counsel for Appellant.

Arizona State Retirement System, Phoenix, By Jothi Beljan , Counsel for Appellee Arizona State Retirement System.

Richard Hillis , Peoria, Appellee.

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge Kent E. Cattani and Judge Donn Kessler joined.


OPINION

¶ 1 In this appeal, we hold that A.R.S. § 38-775 requires a former spouse of an Arizona State Retirement System ("ASRS") retiree to be treated as a "spouse" for purposes of survivor benefits awarded under a domestic relations order ("DRO"). Because of this requirement, we further hold that the age limits...

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