Other Languages(1) RCW 41.40.410, as amended by § 1, chapter 84, Laws of 1965, requires all public school districts to provide coverage in the Washington public employees' retirement system for their eligible noncertificated employees even though such employees may be members of a craft or trade union which has its own union pension trust plan; the fact of membership in such a craft or trade union does not constitute a basis for personal ineligibility for membership in the public employees' retirement system under the provisions of RCW 41.40.120.(2) Chapter 39.12 RCW, providing for payment of the "prevailing rate of wage" (including pension benefits, where applicable) on public works projects does not apply when a school district directly hires noncertificated craft or trade union members on a regular basis to perform work on school district property under the supervision of the school district administrators.(3) A school district which is covering its noncertificated employees under the Washington public employees' retirement system is not authorized to make additional pension contributions to a union pension trust fund set up by a craft or trade union to which these employees belong.
(1) Terminal leave or severance payments for unused sick leave or vacation leave are not to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed under the laws governing the Washington law enforcement officers' and firefighters' retirement system (chapter 41.26 RCW) or either of the two judicial retirement systems (chapters 2.10 and 2.12 RCW); however, such payments are to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed under the laws governing the Washington public employees' retirement system (chapter 41.40 RCW), the Washington state teachers' retirement system (chapter 41.32 RCW) and the Washington state patrol retirement system (chapter 43.43 RCW). (2) Where terminal leave or severance payments for unused sick leave or vacation leave are to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed, the only such payments thus to be included are those reflecting such leave actually earned but not taken during the time period being utilized in each case to determine the appropriate salary or compensation base.
Analysis and determination, under the Bakehus [Bakenhus] rule, of the constitutionality of three proposed bills relating to disability retirement for certain municipal law enforcement officers and fire fighters, distinguishing between substantive and procedural changes in the law.
The provisions of RCW 41.26.150 are subject to the constitutional principles with respect to public employees' pensions in this state which have been enunciated by the Washington supreme court in such cases as Bakenhus v. Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956)
If the Legislature amends the statutes governing the Law Enforcement Officers' and Fire Fighters' Retirement System, Plan II (LEOFF II), by reducing the retirement age from 58 years to 50 years, reducing the number of months of service from 60 months to 24 months in determining the final average salary, and requiring any increased costs to be borne by local taxing districts/employers, the State would not be required by RCW 43.135.060(1) to reimburse those local taxing districts.
RCW 41.16.020 creates a municipal firemen's pension board and provides that one member is the city comptroller or clerk. If a charter city eliminates the position of comptroller and assigns those functions to a director of finance, the city can assign the director of finance to the pension board instead of the clerk.
Because of the necessity for a legally sufficient description in connection with an offer to sell, or sale of, real property an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.
In view of the enactment of chapter 181, Laws of 1973, 1st Ex. Sess., establishing a $300 per month minimum with respect to the pensions payable to certain retired municipal firemen and law enforcement officers and their survivors, this figure now constitutes the minimum basis to be used in computing the annual two percent cost of living pension increases provided for in RCW 41.16.145, RCW 41.18.104, and RCW 41.26.250.
So much of RCW 41.40.170 as provides for military service credit for members of the public employees' retirement system, without regard to their employment status when they entered the armed forces, is applicable only to persons who were still active members of the retirement system on the effective date of the amendment contained in § 3, chapter 151, Laws of 1972, Ex. Sess. (February 25, 1972).
Unless deemed by the Court to be merely a legislative clarification of existing law and not a change in the law as it now exists, House Bill No. 986 relating to the formula to be utilized in computing the service retirement allowances of state elected officials, would be unconstitutional as applied to existing members of the Public Employees' Retirement System under the reasoning of Bakenhus v. Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956) and later cases.