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AGO Opinions with Topic: INITIATIVE NO. 62
AGO 1980 No. 24 >  December 23, 1980
PENSIONS - RETIREMENT - INITIATIVE NO. 62
IMPACT ON PROPOSED PENSION LEGISLATION (1) In the event that the legislature amends the statutes governing the Public Employees' Retirement System (PERS) by increasing post-retirement benefits in such a manner as will require all employers, including local taxing districts, to make increased employer contributions to the retirement system, the provisions of section 6(1) of Initiative 62 will not require the state to reimburse those taxing districts for such increased contributions.(2) If the legislature amends the statutes governing the Teachers' Retirement System (TRS) in such a manner as to require that local school districts make some form of "employers' contribution" to the system, the provisions of section 6(1) of Initiative 62 will likewise not require the state to reimburse those local school districts for such contributions; however, such legislation could cause section 6(3) of the initiative to become applicable unless the full cost to the school district resulting from the legislation is, in turn, covered by state funding in accordance with Wash. Const., Art. IX, section 1.(3) If the legislature acts to require that persons seeking to be employed as municipal fire fighters or law enforcement officers meet minimum medical and health standards in order to become eligible for such employment, and the taxing districts by which those personnel are employed thereby incur additional costs either in establishing or implementing such standards, the state will not be required by section 6(1) of Initiative 62 to reimburse those taxing districts for such costs.
AGO 1981 No. 5 >  April 20, 1981
DISTRICTS - SCHOOLS - TEACHERS - INITIATIVE NO. 62
FUNDING COSTS OF SICK LEAVE CASH OUT ‑- ENFORCEMENT OF INITIATIVE NO. 62 (1) School districts are not entitled to be reimbursed by the state under the provisions of Initiative No. 62, § 6 (1) for the additional costs resulting from the sick leave cash out provided for by RCW 28A.58.097.(2) The added costs resulting from the aforesaid sick leave cash out program are subject to the "full funding" requirement for basic education (K-12) imposed by Washington Const., Article IX, § 1; however, this does not necessarily mean that the total amount paid by a school district to its eligible employees pursuant to RCW 28A.58.097 will have to be covered by the amount which the legislature is constitutionally required to appropriate for basic education.(3) Because Initiative No. 62 is not a constitutional amendment, it does not have the effect of voiding legislation imposing additional costs on local taxing districts without compliance with § 6(1) thereof; rather, the legal effect of enacting such legislation would be the incurrence of a potential state liability for reimbursement to the extent, and in the manner, thus required.
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