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CROSS v. ELECTED OFFICIALS RETIREMENT PLAN

No. 1 CA-CV 12-0884.

325 P.3d 1001 (2014)

Jack CROSS, Plaintiff/Appellee, v. ELECTED OFFICIALS RETIREMENT PLAN; James M. Hacking, Administrator of the Elected Officials Retirement Plan, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

May 15, 2014.

Attorney(s) appearing for the Case

Keller Rohrback PLC By Ron Kilgard, Phoenix, Counsel for Plaintiff/Appellee.

Kutak Rock, LLP By Michael W. Sillyman, Paige A. Martin, Scottsdale, Counsel for Defendants/Appellants.

OPINION

JOHNSEN, Judge.

¶ 1 The Elected Officials Retirement Plan appeals the superior court's judgment overturning the Plan's decisions to reduce the pension benefits of its former Administrator and to suspend his pension altogether until it could recoup some $600,000 in purported overpayments. For the following reasons, we reverse the judgment in part and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The...

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