Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1982 NO. 6 >

Payment of a lump sum amount to a retiree for accrued annual leave at the time of his or her termination of employment does not constitute a salary increase for the purposes of § 34, chapter 52, Laws of 1982, 1st Ex. Sess. or § 2, chapter 10, Laws of 1982, 1st Ex. Sess. relating to employer liability for increased retirement benefit costs under the laws governing the Public Employees' Retirement System and the State Teachers' Retirement System, respectively.

AGO 1985 NO. 7 >

(1) The phrase "his teeth" in RCW 41.26.030 (relating to members of the Washington Law Enforcement Officers and Fire Fighters Retirement System) includes not only natural teeth but also previously installed dental work such as bridges, false teeth, fillings, and the like. (2) The obligation of an employer, under RCW 41.26.150, to pay for dental repair or replacement for an individual whose previous dental work broke while eating depends on whether, under the facts of the particular case as determined by the disability board having jurisdiction, the damages were the result of an accident.

AGO 1990 NO. 7 >

1.  The obligation imposed by RCW 41.18.060 to provide medical care for a fireman who has been disabled cannot be fulfilled by the purchase of a medical insurance policy.  2.   The Firemen's Pension Board established pursuant to RCW 41.18.015 may exercise some discretion in specifying authorized care providers if it does so through properly established procedures.

AGLO 1981 NO. 7 >

(1) Monies in a prior municipal firemen's pension fund may now lawfully be used for the payment of service retirement, disability retirement and other pension benefits to qualified members of the former paid firemen's pension system and, as well, for the payment of hospitalization costs and other medical expenses incurred by firefighters covered by the Law Enforcement Officers' and Fire Fighters' System Plan I.

AGO 1970 NO. 7 >

(1) The requirement that a county or other political subdivision providing its employees with hospital and medical aid coverage under RCW 41.04.180 must offer a choice of policies or plans through not less than two carriers is not impliedly repealed by RCW 41.26.150 (4), as amended by § 10, chapter 6, Laws of 1970.(2) When a county or other municipality, acting as an "employer" under the provisions of the Washington law enforcement officers' and fire fighters' retirement act, is providing medical insurance coverage for those of its employees or retired former employees who are, or were, members of this retirement system as provided for in RCW 41.26.150 (4), it is not required to offer a choice between two or more insurance plans but it may, in its discretion, do so.

AGO 1983 NO. 7 >

Medical insurance for law enforcement officers or firefighters under RCW 41.26.150(4), on the basis of which medical service payments by the employer are to be reduced in accordance with subsection (2) of that statute, may be paid for entirely by the employer or partially by the employer and partially by the subject employees; an employer may not, however, require its employees to pay the entire cost of such plan or plans of group hospitalization and medical aid insurance.

AGO 1980 NO. 8 >

(1) A person who has properly established membership in the Washington Teachers' Retirement System (TRS) through employment as a public school teacher in accordance with RCW 41.32.240 or RCW 41.32.780 may thereafter continue to participate in TRS and receive TRS service credit in connection with later periods of employment with the same or another school district or a state agency even though that person is not still employed as a teacher. (2) Such continuing active participation in the Washington Teachers' Retirement System, however, is only permitted and not required under the specified circumstances; accordingly, the person in question (by not returning to or continuing in active TRS membership upon his or her change in employment status) may, if employed in an eligible position under the Washington Public Employees' Retirement System (PERS), thereafter be covered as a member of that retirement system unless he or she is personally ineligible, under RCW 41.40.120, for some other reason.

AGO 1978 NO. 8 >

(1) Where a Plan I member of the Law Enforcement Officers' and Fire Fighters' Retirement System has been placed on disability leave under RCW 41.26.120, his disability leave allowance is not affected by salary increases (or decreases) granted to active members of the police or fire department during the period he remains on disability leave.   (2) The disability retirement allowance payable to a Plan I member of the Law Enforcement Officers' and Fire Fighters' Retirement System under RCW 41.26.130 is to be based on his salary at the time he began his period of disability leave.

AGLO 1980 NO. 11 >

(1) In the case of a Plan I member of the Washington Public Employees' Retirement System (PERS), terminal leave or severance payments for unused sick leave or vacation leave may not be included in determining the member's "average final compensation" for the purpose of computing his or her service or disability retirement allowance to the extent that, in a given case, the payments are made for unused sick leave or vacation leave actually earned by the retiree during a period of service other than the two-year period being utilized to determine average final compensation in that case.

AGO 1981 NO. 12 >

(1)  A municipal fire fighter or law enforcement officer who was first employed as such on or after October 1, 1977, and thus is classified as a Plan II member of the Law Enforcement Officers and Fire Fighters Retirement System (LEOFF), may nevertheless be elected to, and serve as a member of, a local LEOFF disability board established pursuant to RCW 41.26.110.(2)  Likewise, a municipal fire fighter or law enforcement officer who is a Plan II LEOFF member may vote for the fire fighter or law enforcement officer position on a city disability board under RCW 41.26.110(a); but such a Plan II fire fighter or law enforcement officer may not do so in the case of a county disability board under RCW 41.26.110(b).