By Howard Fischer | Capitol Media Services/Arizona Capitol Times
State lawmakers cannot balance the budget by limiting pension benefit increases for retired judges, the Arizona Supreme Court ruled Thursday.
The justices said a voter-approved section of the state constitution makes public pension plans a contractual relationship. More to the point, that provision says benefits “shall not be diminished or impaired.”
Justice Robert Brutinel, writing for the unanimous court said that language applies not just to what retired judges were getting at any one time. He said it also means lawmakers cannot tinker with already existing formulas that determine how much those benefits will increase each year.
Thursday’s ruling puts a damper on efforts by legislators to sharply restrain the obligations of the state to finance existing public pensions. But it does not bar lawmakers from setting new rules for those who have not yet become judges.
Judges are members of the Elected Officials Retirement Plan.
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