Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 No. 115 -
Attorney General Don Eastvold


Port district cannot submit plan for optional OASI coverage for employees covered by State Employees Retirement System.

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                                                                    July 15, 1955

Honorable Cliff Yelle
State Auditor
Legislative Building
Olympia, Washington                                                                                                              Cite as:  AGO 55-57 No. 115

Attention:  Mr. A. E. Hankins, Chief Examiner

Dear Sir:

            You have requested the opinion of this office on the following question:

            "Can a port district submit a plan to the Governor for approval that would extend OASI coverage, pursuant to Chapter 4, Laws of 1955, Extraordinary Session, to employees who are currently covered under the State Employees Retirement act?"

            We think your question must be answered in the negative.


            The only authority for the submission of such plans is found in RCW 41.48.050, as last amended by § 5, chapter 4, Laws Ex. Sess. 1955, which provides in relevant part that:

            "Each political subdivision of the state is hereby authorized to submit for approval by the governor a  [[Orig. Op. Page 2]] plan for extending the benefits of title II of the social security act, in conformity with the applicable provisions of such act, to those employees of such political subdivisions who are not covered by an existing pension or retirement system.  Each pension orretirement system established by the state or a political subdivision thereofis hereby authorized to submit for approval by the governora plan for extending the benefits of title II of the social security act, in conformity with applicable provisions of such act,to members of such pension or retirement system.  * * *"  (Emphasis supplied)

            Since we are considering only members of the State Employees Retirement System, the language underscored is controlling; and it follows that a plan for the extension of OASI coverage to the port district employees involved can be submitted only by the State Employees Retirement System.

            We conclude that such a plan could not be submitted by the port district itself.  We may point out, however, that OASI coverage may nonetheless be made available to such employees under the procedure described in AGO 55-57 No. 116, addressed to the Prosecuting Attorney of King County on July 15, 1955, a copy of which is attached for your convenience.

            We hope that the foregoing analysis will prove helpful to you.

Very truly yours,

Attorney General

Assistant Attorney General