Other LanguagesWhere 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.
Monies in a city's paid firemen's pension fund established pursuant to RCW 41.16.050 may not be used to fund employers' contributions to the Washington law enforcement officers' and fire fighters' retirement system as required by RCW 41.26.080, or to pay disability leave allowances as provided for in RCW 41.26.110; however, such monies may be used to pay for the costs of hospitalization and other medical expenses incurred by fire fighters covered by the law enforcement officers' and fire fighters' retirement system, and payable by their employers under RCW 41.26.150.
(1) It is the level of salary increases which have been granted to all employees of the particular employer, and not merely certain classes of employees of that employer, which is to be looked to, under § 34, chapter 52, Laws of 1982, 1st Ex. Sess., in determining whether a salary increase granted to a particular employee (thereafter retiree) is so excessive as to result in employer liability for increased pension costs.
A police officer who was employed by a first class city on March 1, 1970, and who was making contributions to a retirement system as provided in chapter 41.20 RCW, is entitled to have his eligibility for retirement benefits under that chapter determined by the provisions thereof notwithstanding the fact that, on March 1, 1970, his membership was transferred, by operation of law, from the former retirement system to the law enforcement officers' and firefighters' retirement system, chapter 41.26 RCW.
(1) In the case of a LEOFF Retirement System member seeking payment for medical services, an employer under chapter 41.26 RCW may be required to pay for drugs prescribed by a physician for the member regardless of whether or not the drug prescribed is one which can be legally purchased without a physician's prescription.(2) Syringes used to inject insulin do not constitute "drugs and medicine" under RCW 41.26.030(22)(b)(iii)(A).(3) It is a function of a LEOFF Disability Board established under RCW 41.26.110 not only to designate what medical services are to be provided to a sick or disabled member but, in addition, to designate the provider of medical services under RCW 41.26.150.
An increase in salary generally payable to all current firefighters, such as additional payment to all firefighters for qualifying as Emergency Medical Technicians (EMTs), is “basic salary” for purposes of calculating the pensions of firefighters retired under RCW 41.18; by contrast, employer contributions to a deferred compensation plan would not meet the “basic salary” definition of the same statute.
Under the provisions of RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, 1st Ex. Sess., a first-class city police officer's service retirement allowance may not be based upon the salary of a position higher than that of captain in the absence of an election to that effect made on or before September 1, 1969.
The members of a volunteer fire department organized and operated by the Spokane Indian tribe are not eligible for pension coverage under the volunteer firemen's relief and pension act, chapter 41.24 RCW.
(1) In establishing a deferred compensation program for county employees under RCW 41.04.250(2), a board of county commissioners may establish a special account for that purpose which would constitute a "public pension or retirement fund" within the meaning of Article XXIX, S 1 (Amendment 49) of the Washington Constitution relating to investments.
The widow of a municipal fireman (covered under the provisions of chapter 41.18 RCW at the time of his death) whose death in line of duty or retirement for service connected disability occurred prior to July 1, 1969, is covered by § 33, chapter 209, Laws of 1969, Ex. Sess.; accordingly, such a widow is entitled to have her monthly pension payable under RCW 41.18.100 annually increased by two percent, with the first increase becoming effective on July 1, 1969, or one year after commencement of payments, whichever is later. The annual post-retirement pension increase payable to the widow of a municipal fireman covered under the provisions of chapter 41.18 RCW at the time of his death in line of duty or following retirement for service connected disability, but who was still living and in service on July 1, 1969, when chapter 209, Laws of 1969, Ex. Sess., became effective, will be governed by the provisions of § 28 of that act, to the end that her annual two percent pension increases will be effective with each January pension payment she receives under that section.