Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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 1979 NO. 31 > Sep 18 1979

(1) Chapter 150, Laws of 1979, 1st Ex. Sess., permits an employee during January of 1980 to cash out unused sick leave earned during all of 1979 even though eight of the twelve days were earned prior to the effective date of the Act.

(2) An employee who dies or retires and is in pay status after chapter 150, supra, becomes effective may receive remuneration for unused sick leave earned prior to the effective date of the Act.

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.

AGO 1971 NO. 34 > Nov 4 1971

(1) It is not necessary that a fire dispatcher pass a civil service examination for firemen or fire fighters in order to be considered a "fire fighter" as that term is used in chapter 41.26 RCW, the law enforcement officers' and fire fighters' retirement system; instead, it is sufficient that a person has been serving on a full-time, fully compensated basis as a fire dispatcher in a city, town or other municipal fire department which, on March 1, 1970, required its dispatchers to have passed a civil service examination for fireman or fire fighter ‑ without regard to whether the particular individual has, himself, taken or passed such an examination.(2) Any person who, on March 1, 1970, was employed in a fulltime, fully compensated basis by an employer covered by the law enforcement officers' and fire fighters' retirement system, and who, on May 21, 1971, was making contributions under the provisions of chapters 41.16 or 41.18 RCW, is also now to be considered a "fire fighter" for the purposes of chapter 41.26 RCW, whether or not he has taken or passed a civil service examination for fire fighters or firemen.(3) A retired fireman is entitled to the increased benefits provided by RCW 41.16.145 or RCW 41.18.104, as clarified by §§ 17 and 18 of chapter 257, Laws of 1971, 1st Ex. Sess., if he was retired for disability under either of those two chapters and was so retired prior to June 8, 1961.(4) A fire fighter who has vested under RCW 41.18.130 is not required to have attained the age of 50 years before being entitled to receive an allowance under that statute.

AGLO 1980 NO. 34 > Dec 31 1980

It is not necessary for a city fire fighter or a county deputy sheriff to have satisfactorily completed the probationary periods of service provided for in RCW 41.08.100 or RCW 41.14.130 in order to obtain membership in the Law Enforcement Officers' and Fire Fighters' Retirement System; likewise, as a matter of state law, it is not necessary for a city police officer to have satisfactorily completed the probationary period specified in RCW 41.12.100 in order to obtain membership in the retirement system but, conceivably, such a qualification could be established in this instance by a local charter provision or ordinance.

AGO 1961 NO. 35 > Jun 6 1961

A teacher who entered public school employment during the 1960-61 school year has until June 30, 1962, to establish credit for out-of-state service under the provisions of RCW 41.32.300 as it read prior to its 1961 amendment.

AGO 1953 NO. 35 > May 8 1953

Receipt of both salary from public employment and retirement benefits under the State Employees Retirement Act is not legally permissible. either in the case of elective officials or appointive officials.

AGLO 1974 NO. 35 > Mar 19 1974

Applicability of public employees' retirement system (PERS) to employees of private transportation company acquired by Metro Transit; entitlement of such employees to service credit for periods of employment with private company; funding of such service credit by employer; impact of labor contract between Metro Transit and bargaining representative of employees on the foregoing.

AGLO 1977 NO. 37 > Aug 18 1977

If a person who was previously employed by a state agency but who was not then eligible for membership in the public employees retirement system (PERS) returns to employment on or after October 1, 1977, and then for the first time becomes a member of the retirement system, that person will be covered by the alternative pension benefits of Chapter 295, Laws of 1977, 1st Ex. Sess.

AGLO 1975 NO. 40 > Apr 9 1975

Municipal firemen retired under a pension law predating chapter 91, Laws of 1947, are not entitled to receive a post-retirement increase under the provisions of chapter 190, Laws of 1974, 1st Ex. Sess.