Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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under RCW 41.04.180 must offer a choice of policies or plans through not less than two carriers is not impliedly repealed by RCW 41.26.150 (4), as amended by § 10, chapter 6, Laws of 1970.(2) When a county or other municipality, acting as an "employer" under the provisions of the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 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. 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).

AGO 1971 NO. 34 >

(1) It is not necessary that a fire dispatcher pass a civil service examination for firemen or fire fighters in order to be considered a "fire fighter" as that term is used in chapter 41.26 RCW, the law enforcement officers' and fire fighters' retirement system; instead, it is sufficient that a person has been serving on a full-time, fully compensated basis as a fire dispatcher in a city, town or other municipal fire department which, on March 1, 1970, required its dispatchers to have passed a civil service examination for fireman or fire fighter ‑ without regard to whether the particular individual has, himself, taken or passed such an examination.(2) Any person who, on March 1, 1970, was employed in a fulltime, fully compensated basis by an employer covered by the law enforcement officers' and fire fighters' retirement system, and who, on May 21, 1971, was making contributions under the provisions of chapters 41.16 or 41.18 RCW, is also now to be considered a "fire fighter" for the purposes of chapter 41.26 RCW, whether or not he has taken or passed a civil service examination for fire fighters or firemen.(3) A retired fireman is entitled to the increased benefits provided by RCW 41.16.145 or RCW 41.18.104, as clarified by §§ 17 and 18 of chapter 257, Laws of 1971, 1st Ex. Sess., if he was retired for disability under either of those two chapters and was so retired prior to June 8, 1961.(4) A fire fighter who has vested under RCW 41.18.130 is not required to have attained the age of 50 years before being entitled to receive an allowance under that statute.