AGO Opinion Topics: LEOFF PLAN II

Pursuant to RCW 41.26.470(2), nonduty LEOFF Plan II disability retirees who recover from their disabilities are to be restored to duty based on the same procedures and under the same conditions as duty disability retirees.

RCW 41.26.470(2) provides that a disabled member who has recovered from an incapacitating disability, shall be restored to duty.  The Criminal Justice Training Commission may not require law enforcement officers to obtain basic training pursuant to WAC 139-05-200(2)(c)(iii), as a condition of reemployment, when these officers have had a break or interruption in service due solely to disability under RCW 41.26.470.