Supreme Court of Arkansas

Michael Bakalekos, James Bauldree, Randall Beers, Curtis Briggs, Darel Casteel, Dan Chandler, Mary Cook, Robert…

December 1, 2011385 S.W.3d 810

Summary

The court affirmed summary judgment for the pension fund and its board, holding that the governing statute authorized fixed-dollar benefit increases for current retirees, supplied sufficient standards to avoid an unconstitutional delegation, and permitted disparate treatment of current and future retirees without violating equal protection. The court also rejected the fiduciary-duty claim because the board acted within its statutory authority and declined to decide the statute-of-limitations issue as advisory. Chief Justice Hannah, concurring in a separate opinion concerning a different postconviction matter, would affirm on counsel-performance grounds rather than prejudice grounds.