Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2007 NO. 6 >

1.  Where a combination of cities and fire protection districts enters into an interlocal agreement under RCW 39.34 and forms a nonprofit corporation under the authority of that act to carry out cooperative activities, the corporation would qualify as an “employer” for purposes of the LEOFF Retirement System Plans 1 and 2, to the same extent as the government entities responsible for creating the corporation.  2.  Where a combination of cities and fire protection districts enters into an interlocal agreement under RCW 39.34 and forms a nonprofit corporation under the authority of that act to carry out cooperative activities, the corporation would qualify as an “employer” for purposes of the PERS Retirement System Plans 1, 2, and 3, to the same extent as the government entities responsible for creating the corporation.

AGO 1998 NO. 9 >

A code city lacks authority to determine, by local ordinance, who shall serve as chair of the city's LEOFF disability board; this subject is pre-empted by state statute.

AGO 1980 NO. 18 >

(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 1992 NO. 26 >

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.