Cathyrn E. Hinshaw

Attorney General of Arkansas — Opinion
Opinion Delivered February 1, 1995

WINSTON BRYANT, Attorney General

Ms. Cathyrn E. Hinshaw, Executive Director AR Fire Police Pension Review Board P.O. Drawer 34164 Little Rock, AR 72203

Dear Ms. Hinshaw:

This is in response to your request for an opinion on whether a police officer covered by a local police pension fund should get paid for unused accumulated sick leave, if he is retired on a duty-related disability.

It is my opinion that the answer to this question is, generally, “yes.” Please note that I have enclosed a copy of Attorney General Opinion 92-259, which addressed this same question with respect to a fire fighter. The relevant statutes regarding police officers are found at A.C.A. §§ 14-52-107 (1987) (uniform sick leave) and 24-11-423 (1987) (disability retirement benefits). The rationale set forth in Opinion 92-259 would, I believe, apply equally under these statutes as they pertain to police officers.

The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.

Sincerely,

WINSTON BRYANT Attorney General

Enclosure