To: The Arizona State House, The Arizona State Senate, and Governor Doug Ducey
Arizona is at it again
In the case of Michael Stewart, because he accepted his employer's ADA reasonable accommodation offer of another position, he was determined not eligible for disability retirement from the Public Safety Personnel Retirement System because he did not have a 60 day break in employment. Another case of Arizona Legislators attempting to trump federal law.
Why is this important?
What is at issue is how the Public Safety Personnel Retirement System has decided to arbitrarily interpret A.R.S. 38-849. The intent of A.R.S. 38-849 (D) was to avoid double dipping which is what happens when a member of the PSPRS system “elects” to retire yet remains employed with the same municipality in a similar position and is able to collect both a retirement and a salary. While Michael Stewart’s case may seem similar on the surface in fact they are not. Mr. Stewart didn’t elect to retire. The injuries that he received while employed as a police officer prevented him from continuing to work as a police officer, he didn’t elect to retire, disabilities aren’t elective. The purpose of the disability pension is to provide some benefit for the years served when an officer is no longer able work in public safety due to an injury (not of their choice). Michael Stewart’s permanent disability prevents him from being an officer but doesn’t prevent him from being a productive member of society in a civilian position that is not a “similar position”.