Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 18 > Aug 28 1980

(1) In the case of a LEOFF Retirement System member seeking payment for medical services, an employer under chapter 41.26 RCW may be required to pay for drugs prescribed by a physician for the member regardless of whether or not the drug prescribed is one which can be legally purchased without a physician's prescription.(2) Syringes used to inject insulin do not constitute "drugs and medicine" under RCW 41.26.030(22)(b)(iii)(A).(3) It is a function of a LEOFF Disability Board established under RCW 41.26.110 not only to designate what medical services are to be provided to a sick or disabled member but, in addition, to designate the provider of medical services under RCW 41.26.150.

AGO 1972 NO. 19 > Sep 11 1972

The board of trustees of a community college may not adopt a rule establishing a mandatory retirement age of 65 years for all of its classified civil service employees who are also members of the Washington public employees' retirement system, without regard to the particular jobs which they hold.

AGLO 1978 NO. 19 > Jun 12 1978

Under the provisions of RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, 1st Ex. Sess., a first-class city police officer's service retirement allowance may not be based upon the salary of a position higher than that of captain in the absence of an election to that effect made on or before September 1, 1969.

AGLO 1980 NO. 21 > Jun 2 1980

(1) In establishing a deferred compensation program for county employees under RCW 41.04.250(2), a board of county commissioners may establish a special account for that purpose which would constitute a "public pension or retirement fund" within the meaning of Article XXIX, S 1 (Amendment 49) of the Washington Constitution relating to investments.

AGO 1992 NO. 24 > Oct 19 1992

RCW 41.20.050 and .060 provide that a retired police officer will receive a pension equal to 50 percent of the amount of salary at any time attached to the position held at the date of retirement.  If a city creates a new step in its civil service classification and advances all officers at the next lower step to the new step, an officer who retired at that next lower step will receive a pension equal to 50 percent of the salary attached to the new step.

AGO 1980 NO. 24 > Dec 23 1980

(1) In the event that the legislature amends the statutes governing the Public Employees' Retirement System (PERS) by increasing post-retirement benefits in such a manner as will require all employers, including local taxing districts, to make increased employer contributions to the retirement system, the provisions of section 6(1) of Initiative 62 will not require the state to reimburse those taxing districts for such increased contributions.(2) If the legislature amends the statutes governing the Teachers' Retirement System (TRS) in such a manner as to require that local school districts make some form of "employers' contribution" to the system, the provisions of section 6(1) of Initiative 62 will likewise not require the state to reimburse those local school districts for such contributions; however, such legislation could cause section 6(3) of the initiative to become applicable unless the full cost to the school district resulting from the legislation is, in turn, covered by state funding in accordance with Wash. Const., Art. IX, section 1.(3) If the legislature acts to require that persons seeking to be employed as municipal fire fighters or law enforcement officers meet minimum medical and health standards in order to become eligible for such employment, and the taxing districts by which those personnel are employed thereby incur additional costs either in establishing or implementing such standards, the state will not be required by section 6(1) of Initiative 62 to reimburse those taxing districts for such costs.

AGLO 1976 NO. 25 > Mar 29 1976

Where the actuary employed by either the public employees' or teachers' retirement boards reports that the required employer (in the case of PERS) or legislative (in the case of TRS) contribution rate, expressed as a percentage of salary, is now less than or the same as that required at the time of the enactment of chapters 189 and 190, Laws of 1973, 1st Ex. Sess., either of those boards will have a proper basis to find that cost-of-living pension increases "have been met" by an existing growth in the assets of the system over that required to meet the actuarial liability of the system at that time ‑ and thereupon grant such increases in accordance with RCW 41.40.195(5) or RCW 41.32.499(6), as the case may be.

AGO 1992 NO. 26 > Nov 6 1992

RCW 41.26.060(8) authorizes the Director of Retirement Systems to fix the amount of interest to be credited to members' accumulated contributions at a rate which shall be based upon the net annual earnings of the fund.  This statute permits the Director to credit interest to members' accumulated contributions.  However, it does not require the Director to credit interest to members' accumulated contributions in the amount of the actual net earnings of the invested funds.

AGLO 1979 NO. 27 > Aug 9 1979

Explanation of options available to the Northwest Air Pollution Authority regarding pension or retirement coverage for its employees under (a) federal social security, (b) the Washington Public Employees Retirement System and (c) a tax-deferred annuity program or similar contractual pension plan.

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.

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