Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1970 NO. 17 > Jun 30 1970

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.

AGO 1971 NO. 30 > Oct 5 1971

(1) Section 3, chapter 257, Laws of 1971, 1st Ex. Sess., does not prohibit a person who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system from serving as a county deputy sheriff or from retaining his civil service position or rank under chapter 41.14 RCW.(2) A county deputy sheriff who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system is, if otherwise eligible under RCW 41.40.120, thereby required to participate in the Washington public employees' retirement system if the county by which he is employed is an employer under that system.

AGO 1957 NO. 37 > Mar 25 1957

In order for a local civil defense worker to qualify for the benefits of the state act it must have been established and organized as a civil defense agency which has been approved by the state dir. of civil defense in accordance with the state civil defense plan and program.  A civil defense worker must be regularly enrolled in a legally established civil defense agency engaged in civil defense activities at the time he sustained injuries in order to be entitled to benefits of the compensation provisions of the state CD act.

AGLO 1973 NO. 40 > Mar 22 1973

Extent to which Article II, § 13 of the Washington Constitution, relating to the eligibility of legislators for election or appointment to civil office, has been affected by the adoption of Article XXX, § 1, Amendment 54; criteria to be applied in determining when a legislator will be eligible to be appointed or elected to a civil office which was either created during his legislative term or for which a pay raise was then granted.

AGLO 1974 NO. 56 > May 13 1974

(1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.

AGO 1953 NO. 125 > Sep 1 1953

Under the facts of this case a port commissioner who was a resident of the district upon the date of his election and for a total of three years prior thereto, was qualified to hold the office even though the residence period was not consecutive for the three years immediately preceding his election.

AGO 1955 NO. 158 > Nov 7 1955

1. Elected officials, except where paid on fee basis, are eligible. 2. Superior court judges are ineligible. 3. Sheriff's department, harbor and fire patrols, airport guards, juvenile court employees, county engineer's traffic control officer, and other county law enforcement personnel are eligible. 4. Employees of superior court and Seattle‑King County health department are eligible. 5. Agricultural extension agents and horticultural inspectors are ineligible; other personnel in those departments are eligible.

AGO 1958 NO. 197 > May 27 1958

A policeman who is incapacitated for any reason, either from sickness or disability, except when the incapacity results from his own dissipation or abuse, or when it results while engaged for compensation in outside work not of a police nature, is eligible for benefits under the police pension act of full salary for a period not exceeding six months when the incapacity necessitates confinement requiring nursing, care or attention, or of half salary when it does not, or where the confinement continues after six months.  The determination is a factual one to be made by the police pension board.

AGO 1956 NO. 309 > Aug 7 1956

1. Where a fireman is permanently disabled in line of duty the firemen's benefit act in effect at the time of his disability governs his inactive duty disability pension.  2. The six-month period after disability during which a disabled fireman draws his disability allowance need not run consecutively.