Alexander v. Fund Manager, Public Safety Personnel Retirement System

804 P.2d 122, 166 Ariz. 589, 77 Ariz. Adv. Rep. 22, 1990 Ariz. App. LEXIS 421
CourtCourt of Appeals of Arizona
DecidedDecember 31, 1990
DocketNo. 1 CA-CV 89-348
StatusPublished
Cited by3 cases

This text of 804 P.2d 122 (Alexander v. Fund Manager, Public Safety Personnel Retirement System) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Fund Manager, Public Safety Personnel Retirement System, 804 P.2d 122, 166 Ariz. 589, 77 Ariz. Adv. Rep. 22, 1990 Ariz. App. LEXIS 421 (Ark. Ct. App. 1990).

Opinion

OPINION

LANKFORD, Judge.

This is an appeal from summary judgment entered by the superior court in favor of the Fund Manager of the Public Safety Personnel Retirement System (“Fund Manager”) and the Local Public Safety Retirement Board of the Game and Fish Department (“Local Board”) and against Samuel T. Alexander (“Alexander”) on Alexander’s complaint and the Fund Manager’s counterclaim.1 Alexander’s complaint sought judicial review of a decision of the local board adverse to him. See A.R.S. § 38-847(J) (right to judicial review under Administrative Review Act, § 12-901 et seq., from decisions of local boards).

The principal issue on appeal is whether Alexander is entitled to additional benefits under the Public Safety Personnel Retirement System (“PSPRS”) accruing from a period of time when he was a participant in the Arizona State Retirement System (“ASRS”). The benefits paid by the PSPRS are more generous than those paid by the ASRS.

I.

Alexander worked as a deputy with the Maricopa County Sheriff’s Department from April 1962 until July 13, 1968. During that six-year period, Alexander was enrolled in and contributed to the Arizona State Retirement System. Alexander’s contribution to ASRS for that six-year period has never been withdrawn or transferred.

On July 16, 1968, Alexander began working for the Arizona Game and Fish Department as a boating law enforcement officer. He continued that employment until he retired in July of 1988. At all relevant times, the Game and Fish Department classified boating law enforcement coordinators, like Alexander, as game and fish wardens.

When Alexander began his employment with the Game and Fish Department, he participated in the ASRS. In 1971, the Game and Fish Department entered into a joinder agreement with the Fund Manager pursuant to A.R.S. § 38-841(D). Although the 1971 joinder agreement designated some of the department’s employees as eligible for membership in the PSPRS, it did not designate game and fish wardens as eligible. Thus, Alexander continued to contribute to the ASRS.

On July 1, 1986, the Game and Fish Department amended its joinder agreement with the PSPRS to make game and fish wardens, like Alexander, eligible for PSPRS membership. On August 27, 1986, the Local Board — a division of the Game and Fish Department which administers the PSPRS for Game and Fish Department personnel — determined that Alexander’s twenty-year period of “credited service” for purposes of entitlement to PSPRS retirement benefits would start July 16,1968, when Alexander began working for the Department. The Department did not credit the six years of Alexander’s employment with the Sheriff’s Department. Alexander timely requested a rehearing, but the Local Board affirmed its decision.

[592]*592Alexander appealed that decision by filing a complaint in the superior court. Alexander alleged that the Local Board’s decision establishing July 16, 1968 rather than April 1962 as his prior service date was contrary to law.

The Fund Manager of the PSPRS counterclaimed against Alexander, seeking a determination that the only manner in which he could obtain benefits under the PSPRS for his Sheriff’s Department service was to “redeem” such service according to A.R.S. § 38-853.01. Applying A.R.S. § 38-853.01(B), the PSPRS actuaries determined that as of December 1, 1988, Alexander would have to pay $48,299.00 to the PSPRS in order to redeem his six years of service with the Sheriff’s Department.

The parties filed cross-motions for summary judgment. The trial court granted summary judgment in favor of the Fund Manager on Alexander’s complaint and on the Fund Manager’s counterclaim, and Alexander appealed to this court.

II.

On appeal from an administrative decision, the superior court decides only whether the administrative action was illegal, arbitrary, capricious or involved an abuse of discretion. Ethridge v. Arizona State Bd. of Nursing, 165 Ariz. 97, 796 P.2d 899 (App.1989); DeGroot v. Arizona Racing Comm’n, 141 Ariz. 331, 686 P.2d 1301 (App.1984). In reviewing an administrative agency’s decision of issues of law, however, the courts may draw their own conclusions and decide whether the agency erred in its determination of law. Carley v. Arizona Board of Regents, 153 Ariz. 461, 737 P.2d 1099 (App.1987).

Alexander alleges that the Local Board and the trial court erred as a matter of law by failing to give him PSPRS credit for his six years of employment as a Sheriff’s deputy. Alexander alleges that his period of “credited service” should have started in April 1962 rather than July 1968.

The Sheriff’s Department did not participate in the PSPRS while Alexander worked there from 1962 until 1968. Alexander contributed to the ASRS during that time. The Sheriff’s Department did not agree to join the PSPRS until January 1, 1970, fifteen months after Alexander had terminated his employment there.

The Local Board and the Fund Manager argue that because the Sheriff’s Department did not participate in the PSPRS during Alexander’s tenure, his period of employment as a Sheriff’s deputy should not be used in calculating his PSPRS retirement benefits. We agree.

Critical to our evaluation of this case is the principle that administrative agencies, like the Local Board, possess only the power delegated to them by the Legislature. Ayala v. Hill, 136 Ariz. 88, 664 P.2d 238 (App.1983). Thus, without statutory directive, neither the Local Board nor the Fund Manager can credit Alexander with his Sheriff’s Department employment in calculating his PSPRS benefits.

The statutes do not authorize credit for this period of service. A.R.S. § 38-845(A) provides that a member who meets the pension requirements and who has twenty years of “credited service” shall receive PSPRS benefits. “Credited service” is defined in A.R.S. § 38-842(7) as “the member’s total period of service prior to his effective date of participation, plus those compensated periods of his service thereafter for which he made contributions to the fund.” Alexander’s “effective date of participation” in the PSPRS was July 1, 1986. See A.R.S. § 38-842(9).

A.R.S. § 38-842

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Bluebook (online)
804 P.2d 122, 166 Ariz. 589, 77 Ariz. Adv. Rep. 22, 1990 Ariz. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-fund-manager-public-safety-personnel-retirement-system-arizctapp-1990.