The Honorable Kenneth Fields (ret.), a Retired State Court Judge; and the Honorable Jefferson Lankford (ret.), A…

Summary

The court held that the statutory formula governing post-retirement benefit increases is itself a protected public-retirement benefit under the Pension Clause of the Arizona Constitution. Because the challenged legislation retroactively reduced prior increases and made future increases more difficult to obtain, it unconstitutionally diminished or impaired retirees' benefits. The court also rejected the requested attorney-fee awards because the action was not one for mandamus and the common-fund doctrine did not warrant fees.