Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1980 NO. 11 > Mar 12 1980

(1) In the case of a Plan I member of the Washington Public Employees' Retirement System (PERS), terminal leave or severance payments for unused sick leave or vacation leave may not be included in determining the member's "average final compensation" for the purpose of computing his or her service or disability retirement allowance to the extent that, in a given case, the payments are made for unused sick leave or vacation leave actually earned by the retiree during a period of service other than the two-year period being utilized to determine average final compensation in that case.

AGLO 1976 NO. 12 > Feb 18 1976

Creditability of service under coverage of the teachers' retirement system in computing supplementary retirement benefits for academic employees of colleges and universities under RCW 28B.10.400(3) and RCW 28B.10.415; prohibition against payment of benefits by teachers' retirement system based on any post-July 1, 1955, service for which credit is also allowed in the computation of supplementary retirement benefits for such academic employees; inclusion of teachers' retirement benefits or social security payments as a part of the basic retirement allowance for such academic employees for the purpose of determining the maximum amount of the supplementary retirement benefits which may be paid to those employees.

AGO 1986 NO. 12 > Oct 27 1986

RCW 41.26.150 makes the counties responsible for the costs of nursing home care for those individuals retired from county employment under the Law Enforcement Officers' and Fire Fighters' Act for so long as nursing home confinement is required. The county may reduce the amount paid monthly to a retiree by the amount currently received from another source as reimbursement for medical services but not for those monies received by the retiree for other purposes such as a general retirement allowance.

AGO 1981 NO. 12 > Aug 12 1981

(1)  A municipal fire fighter or law enforcement officer who was first employed as such on or after October 1, 1977, and thus is classified as a Plan II member of the Law Enforcement Officers and Fire Fighters Retirement System (LEOFF), may nevertheless be elected to, and serve as a member of, a local LEOFF disability board established pursuant to RCW 41.26.110.(2)  Likewise, a municipal fire fighter or law enforcement officer who is a Plan II LEOFF member may vote for the fire fighter or law enforcement officer position on a city disability board under RCW 41.26.110(a); but such a Plan II fire fighter or law enforcement officer may not do so in the case of a county disability board under RCW 41.26.110(b).

AGLO 1978 NO. 13 > Apr 10 1978

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 1969 NO. 13 > Aug 25 1969

(1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.

AGO 1983 NO. 16 > Aug 16 1983

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.

AGO 2005 NO. 16 > Nov 2 2005

Where the Legislature has enacted statutes providing “gain-sharing” benefits to retirement system members if certain circumstances occur, but has included language reserving the right to repeal or modify such benefits before they are actually granted, pension system members have no enforceable right or current reasonable expectation of receiving such benefits.

AGLO 1980 NO. 16 > Apr 4 1980

The disability retirement allowance payable to a Plan I member of the Law Enforcement Officers' and Fire Fighters' Retirement System under RCW 41.26.130 is to be based on the salary which would have been payable to him had he still been in active service at the time of disability retirement (reversing AGO 1978 No. 8 in part).

AGLO 1982 NO. 17 > Jun 29 1982

(1) It is the level of salary increases which have been granted to all employees of the particular employer, and not merely certain classes of employees of that employer, which is to be looked to, under § 34, chapter 52, Laws of 1982, 1st Ex. Sess., in determining whether a salary increase granted to a particular employee (thereafter retiree) is so excessive as to result in employer liability for increased pension costs.