Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 12 >

Creditability of service under coverage of the teachers' retirement system in computing supplementary retirement benefits for academic employees of colleges and universities under RCW 28B.10.400(3) and RCW 28B.10.415; prohibition against payment of benefits by teachers' retirement system based on any post-July 1, 1955, service for which credit is also allowed in the computation of supplementary retirement benefits for such academic employees; inclusion of teachers' retirement benefits or social security payments as a part of the basic retirement allowance for such academic employees for the purpose of determining the maximum amount of the supplementary retirement benefits which may be paid to those employees.

AGO 1981 NO. 12 >

(1)  A municipal fire fighter or law enforcement officer who was first employed as such on or after October 1, 1977, and thus is classified as a Plan II member of the Law Enforcement Officers and Fire Fighters Retirement System (LEOFF), may nevertheless be elected to, and serve as a member of, a local LEOFF disability board established pursuant to RCW 41.26.110.(2)  Likewise, a municipal fire fighter or law enforcement officer who is a Plan II LEOFF member may vote for the fire fighter or law enforcement officer position on a city disability board under RCW 41.26.110(a); but such a Plan II fire fighter or law enforcement officer may not do so in the case of a county disability board under RCW 41.26.110(b).

AGLO 1978 NO. 13 >

In the case of persons who were members of the Public Employees Retirement System during the period from February 25, 1972, through April 24, 1973, the applicable definition of the term "veteran," for the purposes of obtaining military service credit under RCW 41.40.170, is that which was then contained in RCW 41.06.150 and not the definition of "veteran" which is in RCW 41.04.005.

AGO 1969 NO. 13 >

(1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.

AGO 1955 NO. 13 >

 The Washington Toll Bridge Authority has implied power to negotiate pension benefits for the employees of Washington State Ferries.

AGO 1971 NO. 14 >

(1) A local disability board may allow a member of the retirement system who has previously been granted a disability leave, to return to duty on a conditional basis and for a limited period of time as a method of determining whether he is unable to continue his service within the meaning of RCW 41.26.120, where the existence or nonexistence of a continuing disability has not been conclusively established to the satisfaction of the board by a medical examination.(2) Such a conditional return to duty does not entitle the member to a second six-month period of disability leave for the same disability if, based upon this trial period of service, he is then found still to be disabled; if this should occur, disability retirement is the proper benefit to be granted.

AGO 1968 NO. 15 >

(1) The proviso contained in the second paragraph of § 1, chapter 140, Laws of 1961 (RCW 41.20.085), which requires certain police widows' pensions to be reduced by the amount being received by the recipient "under social security or any other pension grant" applies only against the special pension of $150 per month for those surviving spouses not otherwise qualified for a pension under § 2, chapter 78, Laws of 1959, and does not require offsetting social security or any other pension grant against the general pension provided for by the 1959 act, as amended. (2) In the case of a surviving spouse who is in receipt of a pension to which the "offset" proviso is applicable, all social security and all other pension benefits that the surviving spouse is receiving, whether in her own right or as a survivor, must be offset against the amount of the pension.

AGO 1970 NO. 16 >

(1) The costs of operation of a county disability board established pursuant to RCW 41.26.110 (2), including the costs of medical examinations of applicants for disability retirement allowances under RCW 41.26.120 (1), are to be paid out of the county current expense fund.(2) A board of county commissioners may authorize the expenditure of monies in its current expense fund to meet the costs of operation of a county disability board during the current fiscal year on the basis of the procedures set forth in RCW 36.40.180 relating to nondebatable emergencies.(3) A county disability board is not authorized or required under RCW 41.26.150 (1) to determine what medical insurance coverage should be provided by each employer under its jurisdiction with respect to the law enforcement officers and firefighters employed by each such employer.(4) A county disability board is required to designate the hospital and medical services which are to be available to a sick or disabled law enforcement officer or firefighter under its jurisdiction; and it is authorized to determine his physical condition for the purpose of ascertaining the nature and extent of his sickness or disability.

AGO 1983 NO. 16 >

Pursuant to RCW 41.26.470(2), nonduty LEOFF Plan II disability retirees who recover from their disabilities are to be restored to duty based on the same procedures and under the same conditions as duty disability retirees.

AGO 2005 NO. 16 >

Where the Legislature has enacted statutes providing “gain-sharing” benefits to retirement system members if certain circumstances occur, but has included language reserving the right to repeal or modify such benefits before they are actually granted, pension system members have no enforceable right or current reasonable expectation of receiving such benefits.