Other LanguagesWhere a municipal fireman otherwise eligible for a disability retirement allowance under the provisions of RCW 41.18.060 was, at the time of retirement, holding a rank or receiving a salary in excess of that of a battalion chief, he is not thereby precluded from receiving the additional increments in such allowance that are payable under that statute by reason of years of service in excess of twenty-five years.
When a former member of the state‑wide [[statewide]]city employees' retirement system who transferred to the public employees' retirement system under chapter 75, Laws of 1971, is awarded disability retirement benefits calculated pursuant to chapter 41.44 RCW, those retirement benefits are not to be offset by amounts received from the department of labor and industries on account of the same disability.
Where a member of the law enforcement officers' and fire fighters' retirement system has applied for disability retirement pursuant to RCW 41.26.120, his subsequent employment resignation, occurring prior to any action on the application by the appropriate disability board, does not render that application for disability retirement inoperative.
(1) Under the provisions of § 9, chapter 255, Laws of 1961, if after an examination of and report on the condition of the firemen's pension fund by an actuary, it is determined that the condition of the fund is such as not to require all or part of the millage levy therein provided for, such millage may be omitted or levied and used for other municipal purposes. (2) The word "actuary" as used in RCW 41.16.060 means the computing officer of an insurance company; a person skilled in calculating the value of life interests, annuities, and insurance. Whether or not an individual qualifies as an actuary is a question of fact since there is no legal provision in this state for crediting or qualifying an actuary for the purposes of RCW 41.16.060. (3) and (4) Examination and report of an actuary specified by RCW 41.16.060 contemplates an examination and report as to the actuarial soundness of the firemen's pension fund; not merely the anticipated cash disbursements or operating expenses of the fund for an ensuing fiscal year.
A fireman continuously employed by a city from September 1, 1942 until May 31, 1957, is not entitled to a refund of his contributions to the pension fund for the period from October 1, 1942 to March 11, 1947 irrespective of whether or not he filed a written notice under the provisions of RCW 41.18.160.