Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1973 NO. 79 >

Unless accompanied by correlative new benefits and/or a demonstrable showing of necessity for the purpose of maintaining the integrity of the applicable pension system, a legislative act amending the statutes governing the computation of retirement allowances for members of the teachers' retirement system and the public employees' retirement system so as to (1) exclude from consideration any pay increases received by current active members of these two retirement systems after the effective date of such amendments or (2) reduce the levels of retirement allowances ultimately to be received by such members in all cases where the amounts payable to those members from the federal social security program are correspondingly increased, would be unconstitutional.

AGLO 1974 NO. 79 >

Where a municipal fireman otherwise eligible for a disability retirement allowance under the provisions of RCW 41.18.060 was, at the time of retirement, holding a rank or receiving a salary in excess of that of a battalion chief, he is not thereby precluded from receiving the additional increments in such allowance that are payable under that statute by reason of years of service in excess of twenty-five years.

AGLO 1974 NO. 82 >

When a former member of the state‑wide [[statewide]]city employees' retirement system who transferred to the public employees' retirement system under chapter 75, Laws of 1971, is awarded disability retirement benefits calculated pursuant to chapter 41.44 RCW, those retirement benefits are not to be offset by amounts received from the department of labor and industries on account of the same disability.

AGLO 1975 NO. 84 >

Where a member of the law enforcement officers' and fire fighters' retirement system has applied for disability retirement pursuant to RCW 41.26.120, his subsequent employment resignation, occurring prior to any action on the application by the appropriate disability board, does not render that application for disability retirement inoperative.

AGO 1960 NO. 118 >

(1) A faculty member of one of the colleges of education who voluntarily elected to become a member of the retirement program of Teachers' Insurance and Annuity Association (T.I.A.A.) after that program was adopted by the college, may not, at will, re establish [[reestablish]] or return to active membership in the retirement system.  (2) A faculty member who can clearly and definitely establish that he was denied the right to continue in active membership in the Teachers' Retirement System because of a mistake of law on the part of the college, should be allowed to rectify the mistake by paying into the system all back contributions which would have been paid by an active member during the period.

AGO 1953 NO. 136 >

Where employees of a political subdivision have, by agreement, placed themselves under OASI, they may not become members in State Employees' Retirement System.

AGO 1953 NO. 143 >

Persons holding elective offices who are seventy years of age or over are not eligible to be accepted into membership in state employees retirement system.

AGO 1956 NO. 207 >

Employees of P.U.D. No. 1 of Clallam County now covered by OASI may also become participants in the State Employees' Retirement System.  

AGO 1950 NO. 255 >

County road bonds retirement and interest may be effected by use of proceeds of ten mill levy and gas tax refund.Property tax levy not necessary unless shortage in funds during last five years prior to bond maturity.