Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 13 >

In the case of persons who were members of the Public Employees Retirement System during the period from February 25, 1972, through April 24, 1973, the applicable definition of the term "veteran," for the purposes of obtaining military service credit under RCW 41.40.170, is that which was then contained in RCW 41.06.150 and not the definition of "veteran" which is in RCW 41.04.005.

AGO 1991 NO. 29 >

1.  There is a proposal by a county to establish a sick leave bank.  Under the proposal employees who have accrued vacation leave or sick leave may donate the leave to the sick leave bank.  In the event of catastrophic illness or injury, employees who have exhausted their vacation leave and sick leave may apply to the sick leave bank for additional leave.  Article 8, section 7 of the Washington Constitution prohibits gifts of public funds.  The proposal is not a gift by the county.  There is consideration to the county since the donating employees performed service in order to accrue the donated leave.  There is donative intent on the part of the donating employee, not the county.   2.  Under RCW 41.40.010(8)(a), (b), vacation leave and sick leave donated to the sick leave bank are not compensation earnable of the employee making the donation.  Although the employee accrues the leave, he or she is never paid for it.  3.  Under RCW 41.40.010(8)(a), (b), leave paid from the sick leave bank is not compensation earnable.  Although the employee receives payments from the sick leave bank, the payments are not made in return for services to the county by the receiving employee.  The leave was accrued as a result of services performed by the donating employee.

AGLO 1977 NO. 41 >

In the event that a member of the public employees retirement system, upon retirement, selects a particular form of retirement allowance as provided for in RCW 41.40.185 or RCW 41.40.190, the member may not thereafter (during his or her retirement) revoke the selection made at the time of retirement and either choose a different form of retirement allowance or change of beneficiary designation.

AGLO 1976 NO. 69 >

If an individual becomes a member of PERS subsequent to the effective date of chapter 105, Laws of 1975-76, 2nd Ex. Sess., and at the time he becomes a member is not covered by either subsections (1) or (2) of § 1 of that act, the fact that he may later attain a status encompassed by subsections (1) and (2) does not mean that from the date he acquires such a status he can no longer acquire service credits in the public employees' retirement system.