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State attorneys: Judge’s order on pension unclear, violates separation of powers

Posted by   /  August 17, 2017  /  No Comments

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By Ben Giles | Arizona Capitol Times

The Arizona Attorney General’s Office claims state officials don’t know how to respond to a judge’s order to adjust contribution rates to a retirement fund for the judiciary and elected officials.

But the attorney for two retired judges, who successfully argued that a cap of the employer contribution to their retirement fund was unconstitutional, wrote that the attorney general’s confusion with the order is a product of an “active imagination.”

Thomason ruled on July 20 that a 2013 law that capped employer contribution rates to the Elected Officials Retirement Plan at 23.5 percent was unconstitutional, and that the rate must be adjusted promptly to ensure EORP is funded properly.

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