By Jeremy Duda | Arizona Capitol Times
A Maricopa County Superior Court judge ruled that a law reducing pension benefits for members of the judiciary violates the Arizona Constitution, but only for those who were on the bench before 2000.
Judge Douglas Rayes on Tuesday ruled that 2011 changes to the Elected Officials Retirement Plan violated a constitutional provision enshrining membership in a public retirement plan as a binding contract, and another provision prohibiting laws that impairing contractual obligations. The pension overhaul reduced cost-of-living payments and increased active judges’ contributions to their pension plans.
“Although plaintiffs are not entitles to receive their retirement benefits until they are employed the required number of years, they are nevertheless legally vested in the formula under which their benefits are calculated,” Rayes wrote.
Rayes also disagreed with the state’s argument that the changes were needed to make the retirement plan actuarially sound.
