Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 2 > Jan 13 1975

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)

AGO 1989 NO. 3 > Feb 15 1989

1.Where a LEOFF member after a period of temporary disability retirement returns to active duty, the member's employer is not required under RCW 41.26.140 to grant longevity pay, vacation accrual or similar benefits to the member to the same extent such benefits would be available to another employee of the same rank who had been continuously employed with no period of disability retirement.2.The term "current salary" as used in RCW 41.26.140(2) may or may not include "longevity pay", depending on the type of "longevity pay" used by a particular LEOFF employer.3.RCW 41.26.140 does not restrict LEOFF employers from adopting policies or entering into collective bargaining agreements regarding longevity pay and vacation accrual, so long as the policies or collective bargaining agreements are consistent with the requirements of the statute.  

AGO 1977 NO. 7 > Mar 3 1977

(1) RCW 41.26.040(3) does not prohibit a city or town from using property tax revenues obtained under RCW 41.16.060 for municipal purposes other than the funding of firemen's pensions in those cases where such other uses are permitted by the terms of the latter statute.  (2) A municipality which first created a full time, paid fire department after March 1, 1970, the date upon which the LEOFF system became operative, is not authorized to levy the additional property tax provided for in RCW 41.16.060.

AGLO 1981 NO. 7 > Mar 19 1981

(1) Monies in a prior municipal firemen's pension fund may now lawfully be used for the payment of service retirement, disability retirement and other pension benefits to qualified members of the former paid firemen's pension system and, as well, for the payment of hospitalization costs and other medical expenses incurred by firefighters covered by the Law Enforcement Officers' and Fire Fighters' System Plan I.

AGLO 1974 NO. 27 > Mar 4 1974

The sixty percent maximum of final average salary, as provided in § 3, chapter 120, Laws of 1974, 1st Ex. Sess., may not constitutionally be applied to the presently active members of LEOFF.

AGLO 1975 NO. 28 > Mar 17 1975

(1) The legislature can require those cities which desire not to have their employees covered by a state pension system to establish and maintain a local, municipal pension system for all of their law enforcement officers and fire fighters who are currently members of the state law enforcement officers' and fire fighters' retirement system (LEOFF), as codified in chapter 41.26 RCW. (2) In the event a city determines to stay out of a proposed state pension system, the city may, in the event that it is currently operating a pension system of its own for its general, municipal employees, include within the coverage of that system any new fire fighters or law enforcement officers employed by it after the effective date of a state law which disqualifies all such newly employed fire fighters or law enforcement officers from coverage under the LEOFF system.

AGLO 1980 NO. 32 > Nov 18 1980

Neither RCW 41.26.130(4) nor anything contained in the state Industrial Insurance Act preclude a Plan I LEOFF member who is on disability leave because of injuries sustained in the performance of some other employment from simultaneously receiving a disability leave allowance under RCW 41.26.120 and workers' compensation benefits in accordance with Title 51 RCW.

AGLO 1975 NO. 46 > Apr 29 1975

The amended definition of "law enforcement officer" in § 1, chapter 120, Laws of 1974, 1st Ex. Sess., may not constitutionally be applied so as to disqualify for continuing membership in the LEFF system a person who obtained membership in the system on the basis of the legislature's prior definition of "law enforcement officer."

AGLO 1975 NO. 49 > May 12 1975

Eyeglasses are included within the scope of "medical services" to be provided for under RCW 41.26.150 in view of the definition of that term in RCW 41.26.030(22).

AGLO 1975 NO. 59 > Jun 10 1975

Moneys in a city's paid fireman's pension fund established pursuant to RCW 41.16.050 may not be used to pay medical and dental insurance premiums for retired former firemen not also covered by chapter 41.26 RCW who have only contributed to that prior pension fund; however, moneys in such a paid fireman's pension fund may be used to pay medical and dental insurance premiums for fire fighters under the LEFF system (chapter 41.26 RCW) who have not contributed to the fund established pursuant to RCW 41.16.050 from which the payments in question are made.