Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1977 NO. 41 > Oct 17 1977

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 1975 NO. 45 > Apr 24 1975

Necessity for completion of all contributions to the public employees' retirement fund as a condition precedent to acquisition of service credit for previous periods of employment under RCW 41.40.120(3), RCW 41.40.150(2), RCW 41.40.170(3) and RCW 41.40.361(5).

AGLO 1975 NO. 46 > Apr 29 1975

The amended definition of "law enforcement officer" in § 1, chapter 120, Laws of 1974, 1st Ex. Sess., may not constitutionally be applied so as to disqualify for continuing membership in the LEFF system a person who obtained membership in the system on the basis of the legislature's prior definition of "law enforcement officer."

AGLO 1975 NO. 49 > May 12 1975

Eyeglasses are included within the scope of "medical services" to be provided for under RCW 41.26.150 in view of the definition of that term in RCW 41.26.030(22).

AGLO 1975 NO. 50 > May 12 1975

In the event of their receipt of investment earnings sufficiently in excess of actuarially determined general funding requirements to fully fund the post-retirement cost of living pension increases provided for by RCW 41.40.195(5) and RCW 41.32.499(6), neither the public employees' retirement board nor the board of trustees of the teachers' retirement system, respectively, may, nevertheless, finance such pension increases through increased employers' contributions or, in the case of the teachers' retirement system, by requesting increased state appropriations.

AGLO 1975 NO. 51 > May 20 1975

A member of the council of a city which has been admitted into the public employees' retirement system may elect to join the system himself at any time during his term of office without violating Article XI, § 8 or Article XXX, § 1 (Amendment 54) of the state constitution; and the city which is involved may constitutionally make, on behalf of the council member becoming a member of the retirement system, the employer's contributions required by RCW 41.40.361.

AGLO 1975 NO. 58 > Jun 6 1975

(1) It is not within the authority of either a local board or the state board for volunteer firemen to require all volunteer firemen who are enrolled under the pension provisions of chapter 41.24 RCW to retire upon attaining age 65; the only volunteer firemen required to retire at such age are those who have been members of the pension system and have served for a period of twenty-five years as active members of a regularly organized volunteer fire department. (2) A volunteer fireman enrolled under the pension provisions of chapter 41.24 RCW prior to July 1, 1973, may not elect to remain under the prior laws, pay the lesser fees required thereby, and claim the lesser benefits thereunder.

AGLO 1975 NO. 59 > Jun 10 1975

Moneys in a city's paid fireman's pension fund established pursuant to RCW 41.16.050 may not be used to pay medical and dental insurance premiums for retired former firemen not also covered by chapter 41.26 RCW who have only contributed to that prior pension fund; however, moneys in such a paid fireman's pension fund may be used to pay medical and dental insurance premiums for fire fighters under the LEFF system (chapter 41.26 RCW) who have not contributed to the fund established pursuant to RCW 41.16.050 from which the payments in question are made.

AGLO 1976 NO. 69 > Nov 16 1976

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.

AGO 1953 NO. 72 > Jun 24 1953

1. State employees retirement.  Extension of service of an employee passed 70 years of age is effective beyond April 1, 1953, not withstanding the passage of chapter 200, Laws of 1953. 2. Such extension entitles the employee to continue to be a fully contributing member and qualify for further benefits under the retirement act. 3. Section 21, chapter 200, Laws of 1953 has no effect upon the rights of such employee to continue in service and to continue to be a fully contributing member of the retirement system.

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