Johnson v. Utah State Retirement Board

770 P.2d 93, 91 Utah Adv. Rep. 8, 1988 Utah LEXIS 94, 1988 WL 97987
CourtUtah Supreme Court
DecidedSeptember 19, 1988
Docket20734
StatusPublished
Cited by20 cases

This text of 770 P.2d 93 (Johnson v. Utah State Retirement Board) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Utah State Retirement Board, 770 P.2d 93, 91 Utah Adv. Rep. 8, 1988 Utah LEXIS 94, 1988 WL 97987 (Utah 1988).

Opinions

DURHAM, Justice:

Defendants seek reversal of the lower court’s decree permanently enjoining them from applying or attempting to apply a 1985 amendment of the Utah Public Safety Retirement Act1 (the Act) to plaintiffs in such a manner as to eliminate, postpone, or reduce payment of plaintiffs’ retirement benefits. Plaintiffs are employed as sheriffs and chiefs of police by public safety organizations in the state of Utah and have been members of the Utah Public Safety Retirement System (PSRS).

Pursuant to a 1983 amendment of the Act, plaintiffs opted to exclude themselves from PSRS coverage. They continued to serve in the same positions with their respective public safety organizations. By virtue of their voluntary exclusion from PSRS and having requested and qualified for retirement under the guidelines set up by the Utah State Retirement Office, plaintiffs were entitled to receive retirement benefits as “retirants” while simultaneously collecting salaries for their services as peace officers. The specific statutory provision by which plaintiffs elected exemption from PSRS stated:

[The Utah Public Safety Retirement Act] shall include in its coverage all public employees engaged full time in public safety work, as herein set forth, except a public employee serving as the commissioner of public safety, or as the elected or appointed sheriff or chief of police of a public safety organization, if that public employee files a formal written request seeking exclusion from coverage.

Utah Code Ann. § 49-11-1 (Interim Supp. 1983) (amended 1985; amended 1987, current version codified at Utah Code Ann. § 49-4-205 (Supp.1987)).

The Utah State Retirement Office advised plaintiffs that they could, in accordance with the 1983 amendment, exempt themselves from coverage under the Act and that if they qualified for retirement, they could receive retirement benefits and continue in their jobs. Plaintiffs followed the application procedures established by the Retirement Office and were approved for retirement.2 As of their effective re[95]*95tirement dates, they began receiving retirement allowances computed according to a statutory formula. Payments have been made regularly since the respective date of each plaintiffs “retirement” under the amendment.

In 1985, the legislature amended the 1988 exclusion provision, adding the following language: “[B]ut the public employee cannot continue employment in the same covered employer unit and receive payment from the retirement office at the same time.” Utah Code Ann. § 49-11-1 (Supp. 1985) (amended 1987, current version codified at Utah Code Ann. § 49-4-205 (Supp. 1987)). After this legislation became effective, the Utah State Retirement Board advised plaintiffs that they must either terminate their present employment, withdraw their requests for exemption, transfer their employment to a different employer unit and continue to draw both salary and retirement benefits, or suffer termination of their monthly retirement payments. Plaintiffs thereupon brought this suit. For the reasons below, we affirm the lower court’s decree.

Defendants do not claim that fully vested rights to pension benefits may be freely altered by subsequent legislation. The law on this issue is well settled.3 Rather, defendants argue that no rights to retirement payments vested in plaintiffs as a result of the 1983 amendment because that legislation did not “intend” to allow such a result. Alternatively, defendants contend that irrespective of any vested rights obtained through the earlier amendment, the 1985 amendment properly applies to plaintiffs because it provides a substantial substitute for the benefits now being received. We disagree.

A fundamental principle of statutory construction is that unambiguous language in the statute itself may not be interpreted so as to contradict its plain meaning. Kuehner v. Irving Trust Co., 299 U.S. 445, 449, 57 S.Ct. 298, 300, 81 L.Ed. 340 (1937) (where statutory language is clear, its meaning cannot be affected by resort to the legislative history); United States v. Richards, 583 F.2d 491, 495 (10th Cir.1978) (“Legislative history as an aid in determining the intent of Congress is permissible only if the statute is ambiguous.”); Jensen v. Intermountain Health Care, Inc., 679 P.2d 903, 906 (Utah 1984) (best indicator of legislative intent is the statute’s plain language); State v. Archuletta, 526 P.2d 911, 912 (Utah 1974) (in the absence of ambiguity, there is nothing to construe). There is nothing ambiguous in the language of the 1983 amendment. The language specifically excepts from the Act’s coverage “a public employee serving as ... the elected or appointed sheriff or chief of police of a public safety organization” if the employee requests exclusion. The language is precise and clear.

Defendants cite no specific legislative history to demonstrate that the legislature considered the ramifications of voluntary exemption by sheriffs and chiefs of police who continue in the same position after requesting exclusion when it enacted the 1983 amendment. Instead, defendants argue that the legislative intent is implicit in provisions of the Act that prohibit member employees from receiving pension benefits while simultaneously drawing a salary for services rendered in a position covered by PSRS.4 These provisions are not relevant, however, because the legislature clearly and unambiguously permitted plaintiffs to be removed entirely from the scope of the Act. That public servants not entitled to voluntary exclusion from the operation of the Act are proscribed from collecting [96]*96simultaneous salary and pension payments does not create an ambiguity in the language of the 1983 amendment and does not preclude a different result for those employees not bound by the Act.

In Driggs v. Utah State Teachers Retirement Board, 105 Utah 417, 142 P.2d 657 (1943), this Court stated that “a construction will be given a statute so that its purpose will be accomplished” only “if that can be reasonably done”; furthermore, “pension statutes are liberally construed in favor of the pensioner.” Id. at 431-32,142 P.2d at 663. The interpretation defendants would have us give the language of the 1983 amendment is as confused and unreasonable as it is oppressive to plaintiff pensioners. Defendants would have us construe the 1983 amendment so as to achieve the same effect as if the 1985 addition had been enacted two years earlier.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sierra Club v. Utah Solid and Hazardous Waste Control Bd.
964 P.2d 335 (Court of Appeals of Utah, 1998)
Epperson v. Utah State Retirement Board
949 P.2d 779 (Court of Appeals of Utah, 1997)
Allred v. Utah State Retirement Board
914 P.2d 1172 (Court of Appeals of Utah, 1996)
Larsen v. Allstate Insurance Co.
857 P.2d 263 (Court of Appeals of Utah, 1993)
Iadanza v. Mather
820 F. Supp. 1371 (D. Utah, 1993)
Hatton-Ward v. Salt Lake City Corp.
828 P.2d 1071 (Court of Appeals of Utah, 1992)
State v. Bagshaw
836 P.2d 1384 (Court of Appeals of Utah, 1992)
State v. Gardiner
814 P.2d 568 (Utah Supreme Court, 1991)
Gottfredson v. Utah State Retirement Board
808 P.2d 153 (Court of Appeals of Utah, 1991)
State Ex Rel. D.S.K. v. Kasper
792 P.2d 118 (Court of Appeals of Utah, 1990)
Bonham v. Morgan
788 P.2d 497 (Utah Supreme Court, 1989)
Provo City Corp. v. Willden
768 P.2d 455 (Utah Supreme Court, 1989)
Johnson v. Utah State Retirement Board
770 P.2d 93 (Utah Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
770 P.2d 93, 91 Utah Adv. Rep. 8, 1988 Utah LEXIS 94, 1988 WL 97987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-utah-state-retirement-board-utah-1988.