Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 NO. 3 >

(1) A qualified state employee, upon his resumption of employment, after a tour of military service is entitled as a matter of right to be returned to the same step of the State Salary Plan as he formerly occupied and (2) In the discretion of the appointing officer, such persons may be advanced to a higher salary level.

AGLO 1975 NO. 5 >

So much of RCW 41.40.170 as provides for military service credit for members of the public employees' retirement system, without regard to their employment status when they entered the armed forces, is applicable only to persons who were still active members of the retirement system on the effective date of the amendment contained in § 3, chapter 151, Laws of 1972, Ex. Sess. (February 25, 1972).

AGLO 1978 NO. 13 >

In the case of persons who were members of the Public Employees Retirement System during the period from February 25, 1972, through April 24, 1973, the applicable definition of the term "veteran," for the purposes of obtaining military service credit under RCW 41.40.170, is that which was then contained in RCW 41.06.150 and not the definition of "veteran" which is in RCW 41.04.005.

AGO 1959 NO. 17 >

Under the state Veterans' Reemployment Rights Act there is no time restriction as to length of service; a veteran who re‑enlists [[reenlists)]] without a break in the continuity of his service is eligible for re‑employment [[reemployment)]] rights under the act.

AGO 1974 NO. 22 >

The provisions of RCW 41.04.010, as amended by § 1, chapter 170, Laws of 1974, 1st Ex. Sess., do not permit the use of the "veterans' preference" on a competitive entrance examination for covered public employment by a veteran who has claimed a similar preference and has thereby been previously appointed to a position which is subject to that statute, even though the employment thus obtained was with a different state agency, municipal corporation or political subdivision.

AGLO 1977 NO. 26 >

(1) The provisions of RCW 28B.10.265 and RCW 28C.04.240, relating to the admission of children of POWs or MIAs to public institutions of higher education or public vocational-technical schools without the necessity of paying any registration fee or tuition, remain applicable to the children of persons determined to have been prisoners of war or missing in action in accordance with the terms of those statutes even after the subject parent or parents of those children have been released from POW status or otherwise have been recovered.

(2) A parent through whom a child's entitlement to benefits under RCW 28B.10.265 or RCW 28C.04.240 is claimed need not have been in active military service at the time he or she was determined by the federal government to be a prisoner of war or missing in action.

AGLO 1976 NO. 31 >

A discussion of the relationship between RCW 73.16.010, RCW 41.04.010 and 41.06.150 with respect to the preference rights of veterans in public employment with the state and its political subdivisions.

AGLO 1974 NO. 40 >

A parent who has been deprived by a decree of a court of competent jurisdiction of custody of a deceased Vietnam veteran who would have been eligible for a veteran's bonus under RCW 73.34.020 is not entitled to receive survivor's benefits under subsection (3) thereof; however, such a parent may, as another other person, apply for and receive compensation for burial expenses under RCW 73.34.110.

AGLO 1977 NO. 43 >

(1) The Superintendent of the Washington Soldiers' Home is not required by the provisions of § 7, chapter 186, Laws of 1977, 1st Ex. Sess., to grant authorization for all disbursements from the soldiers' home revolving fund which have been approved by the duly constituted body representative of the members. (2) While the Superintendent of the Washington Soldiers' Home is empowered to refuse authorization for a particular disbursement from the soldiers' home revolving fund which has been approved by the duly constituted body representative of the members, the superintendent is not authorized to direct an alternative disbursement scheme or plan to be implemented in its place.

AGLO 1973 NO. 44 >

Article X, § 3 of the Washington State Constitution requires the legislature to provide for the maintenance of a "soldier's home" only for disabled veterans of the Civil War who fought on the Union side and for members of the state militia disabled while in line of duty and who are bona fide residents of the state.