Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1969 NO. 12 >

(1) The amendment contained in § 26, chapter 209, Laws of 1969, Ex. Sess., deleting the proviso in § 1, chapter 140, Laws of 1961 (RCW 41.20.085) under which certain police widows' pensions were to be reduced by the amount being received "under social security or any other pension grant," is applicable so as to prospectively eliminate this offset factor in the case of those widows who began receiving such pensions prior to the effective date of the 1969 amendment. (2) The two percent per year post-retirement pension increase which is provided for by § 35, chapter 209, Laws of 1969, Ex. Sess., is to be computed on the basis of the pension benefit payable on the effective date of the 1969 amendment rather than that which was payable at the time chapter 209, Laws of 1969, Ex. Sess., was passed by the legislature.

AGLO 1976 NO. 12 >

Creditability of service under coverage of the teachers' retirement system in computing supplementary retirement benefits for academic employees of colleges and universities under RCW 28B.10.400(3) and RCW 28B.10.415; prohibition against payment of benefits by teachers' retirement system based on any post-July 1, 1955, service for which credit is also allowed in the computation of supplementary retirement benefits for such academic employees; inclusion of teachers' retirement benefits or social security payments as a part of the basic retirement allowance for such academic employees for the purpose of determining the maximum amount of the supplementary retirement benefits which may be paid to those employees.

AGO 1955 NO. 13 >

 The Washington Toll Bridge Authority has implied power to negotiate pension benefits for the employees of Washington State Ferries.

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 1969 NO. 13 >

(1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.

AGO 1971 NO. 14 >

(1) A local disability board may allow a member of the retirement system who has previously been granted a disability leave, to return to duty on a conditional basis and for a limited period of time as a method of determining whether he is unable to continue his service within the meaning of RCW 41.26.120, where the existence or nonexistence of a continuing disability has not been conclusively established to the satisfaction of the board by a medical examination.(2) Such a conditional return to duty does not entitle the member to a second six-month period of disability leave for the same disability if, based upon this trial period of service, he is then found still to be disabled; if this should occur, disability retirement is the proper benefit to be granted.

AGO 1968 NO. 15 >

(1) The proviso contained in the second paragraph of § 1, chapter 140, Laws of 1961 (RCW 41.20.085), which requires certain police widows' pensions to be reduced by the amount being received by the recipient "under social security or any other pension grant" applies only against the special pension of $150 per month for those surviving spouses not otherwise qualified for a pension under § 2, chapter 78, Laws of 1959, and does not require offsetting social security or any other pension grant against the general pension provided for by the 1959 act, as amended. (2) In the case of a surviving spouse who is in receipt of a pension to which the "offset" proviso is applicable, all social security and all other pension benefits that the surviving spouse is receiving, whether in her own right or as a survivor, must be offset against the amount of the pension.

AGO 2005 NO. 16 >

Where the Legislature has enacted statutes providing “gain-sharing” benefits to retirement system members if certain circumstances occur, but has included language reserving the right to repeal or modify such benefits before they are actually granted, pension system members have no enforceable right or current reasonable expectation of receiving such benefits.

AGO 1971 NO. 16 >

Monies in a city's paid firemen's pension fund established pursuant to RCW 41.16.050 may not be used to fund employers' contributions to the Washington law enforcement officers' and fire fighters' retirement system as required by RCW 41.26.080, or to pay disability leave allowances as provided for in RCW 41.26.110; however, such monies may be used to pay for the costs of hospitalization and other medical expenses incurred by fire fighters covered by the law enforcement officers' and fire fighters' retirement system, and payable by their employers under RCW 41.26.150.

AGLO 1980 NO. 16 >

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 the salary which would have been payable to him had he still been in active service at the time of disability retirement (reversing AGO 1978 No. 8 in part).