Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 17 >

A school district, through its board of directors, may legally contract for fire, theft and liability insurance covering a period of years, the premiums of which are payable in annual installments over the life of the contract.

AGO 1983 NO. 18 >

Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.

AGO 1991 NO. 19 >

1.  Chapter 48.52 RCW authorizes school districts and educational service districts to join together to create a risk management pool pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act.  The risk management pool thus created may take the form of a separate legal or administrative entity.  2. The Interlocal Cooperation Act does not authorize the exercise of any new substantive powers by the public agencies that enter into interlocal cooperation agreements.  Since educational service districts do not have the authority to issue short-term obligations, a separate legal entity created by educational service districts and school districts does not have the authority to issue short-term obligations.

AGLO 1980 NO. 20 >

The state industrial insurance laws, as presently written, do not permit the State Department of Labor and Industries to issue a certification to two or more employers to self-insure as members of a group, rather than individually.

AGO 1991 NO. 20 >

RCW 48.41.090 provides for assessment of members of the Washington State Health Insurance Pool based on the number of persons insured under the member's health plan.  A member is not subject to assessment if the coverage provided does not fall within the definition of "health plan."  RCW 48.41.030(9) defines "health plan" as an arrangement that includes coverage for both hospital and medical benefits.  Thus, coverage that is limited exclusively to chiropractic services with no hospital services is not a health plan and a member is not subject to assessment with respect to persons so covered.

AGO 1992 NO. 21 >

1.  RCW 54.12.080(4) provides that any public utility district providing group insurance for its employees may provide its commissioners with the same insurance coverage.  In this circumstance, public utility district commissioners may receive insurance as part of their compensation. 2.  Article 2, section 25 (amend. 35) of the Washington Constitution provides that the compensation of a public officer shall not be increased during his or her term of office.  Article 30, section 1 of the Washington Constitution permits mid-term compensation increases only for public officers who do not fix their own compensation. Accordingly, public utility districts may decide to purchase life insurance policies for their commissioners, but may not actually provide the policies until the next terms of the respective commissioners' offices begin.

AGO 1973 NO. 21 >

The antidiscrimination provisions of §§ 3 and 6, chapter 141, Laws of 1973, do not now require the same life insurance premium rates to be charged to men and women of the same age in lieu of a continuing use by life insurers in this state of a reduced age factor in computing premium rates for women such as heretofore permitted by RCW 48.12.150 and RCW 48.23.350, and as apparently contemplated by RCW 48.23.180.

AGO 1972 NO. 24 >

Because of RCW 35A.40.200, the competitive bidding requirements of RCW 35.23.352 are applicable to contracts executed by a city operating under the optional municipal code when engaged in making public improvements or performing public works; however, these requirements are not applicable to the contracts of such a city for professional or personal services such as those of an insurance broker.

AGLO 1978 NO. 26 >

It is a violation of RCW 48.30.140(1) and RCW 48.30.150 for a licensed insurance agent, when selling insurance in connection with an employee's pension and profit sharing plan, to treat his commission for selling such insurance as partially covering the fee which he would otherwise charge for designing and installing the aforesaid plan, thereby reducing the amount of such fee.

AGO 1983 NO. 29 >

Under chapter 123, Laws of 1961, the board of directors of a school district has the power to authorize the county treasurer or other custodian of any school funds to invest such funds which may be lawfully invested or reinvested and which in the judgment of the board are not required for the immediate necessity of the district.