Other LanguagesThe three‑year statute of limitations is applicable to claims against municipal firemen's pension fund for a refund of overpayments to the fund by municipal firemen.
Where a member of the volunteer fire department of a fire protection district is injured in the performance of his duties as a fireman in consequence of tortious conduct on the part of the district, including district officials or employees, the fact that his disability is also compensable under the provisions of chapter 41.24 RCW, relating to the volunteer firemen's relief and pension system, does not constitute a defense to liability on the part of the fire protection district.
Under the provisions of § 9, chapter 255, Laws of 1961, if after an examination of and report on the condition of the firemen's pension fund by an actuary, it is determined that the condition of the fund is such as not to require all or part of the millage levy therein provided for, such millage may be levied and used for another municipal purpose.
(1) A fireman who has made contributions under prior act and desires to avail himself of the benefits of chapter 255, Laws of 1961, must manifest his election by filing a written notice with the board within sixty days from June 8, 1961.(2) Such a fireman must return any refunds previously received by reason of selecting the benefits of prior acts before becoming entitled to the benefits provided by chapter 255, Laws of 1961, but such return of refunds need not be accomplished within sixty days after June 8, 1961.(3) A fireman who has received prior refunds cannot elect to come under the 1961 act without returning in full the amount of such refunds.(4) The return of refunds above described is to be made to the appropriate local firemen's pension board and a contract can be made between the fireman and the board for the payment of required refunds over a period of time; but until a complete return of such refunds is accomplished, the fireman in question will not be covered by the new act.(5) With the exception of those pre‑1947 (i.e., "prior") firemen who affirmatively elected, pursuant to chapter 382, Laws of 1955, to remain under the pre‑1947 pension system, firemen whose employment commenced prior to January 1, 1947, should be treated as being covered by chapter 382, Laws of 1955, and thereby required to contribute to the firemen's pension fund the salary percentages called for by that 1955 act rather than the lesser percentage called for by § 4, chapter 39, Laws of 1935.(6) A claim for refund of the overcontributions resulting from a mistake of law as to the applicability of chapter 91, Laws of 1947, would come within the three‑year statute of limitations.(7) Where a pre‑1947 (i.e., "prior") fireman pursuant to § 17, chapter 382, Laws of 1955, has elected to remain a member of the pre‑1947 pension system, his recovery of overcontributions due to a mistake of law is a refund by reason of selection of the benefits of prior acts and consequently, such overcontributions as have been thus recovered are returnable as a condition precedent to coverage under the new 1961 act if an election to be so covered is made.(8) A fireman whose employment commenced prior to January 1, 1947, is a member of the 1955 pension system in the absence of an affirmative election to the contrary. If an election to come into the 1947 [[Orig. Op. Page 2]]or 1955 system has been made by a particular prior fireman, such fireman cannot now elect to return to the pre‑1947 pension system.
(1) It is not within the authority of either a local board or the state board for volunteer firemen to require all volunteer firemen who are enrolled under the pension provisions of chapter 41.24 RCW to retire upon attaining age 65; the only volunteer firemen required to retire at such age are those who have been members of the pension system and have served for a period of twenty-five years as active members of a regularly organized volunteer fire department. (2) A volunteer fireman enrolled under the pension provisions of chapter 41.24 RCW prior to July 1, 1973, may not elect to remain under the prior laws, pay the lesser fees required thereby, and claim the lesser benefits thereunder.
Moneys in a city's paid fireman's pension fund established pursuant to RCW 41.16.050 may not be used to pay medical and dental insurance premiums for retired former firemen not also covered by chapter 41.26 RCW who have only contributed to that prior pension fund; however, moneys in such a paid fireman's pension fund may be used to pay medical and dental insurance premiums for fire fighters under the LEFF system (chapter 41.26 RCW) who have not contributed to the fund established pursuant to RCW 41.16.050 from which the payments in question are made.
Where a municipal fireman otherwise eligible for a disability retirement allowance under the provisions of RCW 41.18.060 was, at the time of retirement, holding a rank or receiving a salary in excess of that of a battalion chief, he is not thereby precluded from receiving the additional increments in such allowance that are payable under that statute by reason of years of service in excess of twenty-five years.
Under the 1955 paid firemen's pension act (chapter 41.18 RCW) a fireman's longevity pay should be included as a factor in determining the amount of his contributions to the firemen's pension fund, and the disability and pension allowances payable to disabled and retiring firemen without regard to whether or not such longevity pay is attached to a rank.
A city or town which does not have a regularly organized full time, paid, fire department is not authorized to levy the one‑half mill property tax provided for by RCW 41.16.060.
Any disease, including poliomyelitis, contracted by a fireman in connection with the performance of his duties as a member of the fire department would entitle him to a disability pension. The burden of establishing a right to pension ordinarily rests on the claimant. The pension board in passing upon and allowing or disallowing a fireman's claim for pension, bases its decision on a determination of fact. Before disposing of any claim adversely to the claimant such a board must accord the claimant an opportunity to be heard and to present testimony in support of his claim.