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BURKE v. ARIZONA STATE RETIREMENT SYSTEM

No. 2 CA-CIV 5696.

152 Ariz. 323 (1986)

732 P.2d 214

Patrick E. BURKE, Plaintiff/Appellee, v. The ARIZONA STATE RETIREMENT SYSTEM; The Arizona State Retirement Board; Larry Cross; Junius Driggs; Lucia Ann Fakonas; Annice Husband; F. Lee Jacquette; and Alton Washington, members of the Arizona State Retirement System Board, Defendants/Appellants. CITY OF PHOENIX EMPLOYEES' RETIREMENT BOARD, Plaintiff/Appellant, v. Patrick E. BURKE and Sarah R. Burke, his wife; Arizona State Retirement System Board, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied May 23, 1986.

Review Denied January 22, 1987.

Attorney(s) appearing for the Case

Sparks & Siler, P.C. by Donald O. Loeb, Scottsdale, for plaintiff/appellee/defendants/appellees Burke.

Robert K. Corbin, The Atty. Gen. by Michael N. Harrison and David Rich, Phoenix, for defendant/appellant/defendant/appellee Arizona State Retirement Bd.

Snell & Wilmer by Michael P. Anthony, Phoenix, for plaintiff/appellant City of Phoenix Employee's Retirement Bd.

OPINION

LACAGNINA, Judge.

From 1959 to 1974 plaintiff, Patrick Burke, was employed by the City of Phoenix and contributed to its retirement plan. From 1976 through 1983, he was employed by the City of Scottsdale and made retirement contributions to the Arizona State Retirement System (ASRS). Late in 1983, he elected to retire and attempted to transfer his city retirement credits to the state system under A.R.S. § 38-781.24, as it existed at that time...

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