Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 3 >

1.Where a LEOFF member after a period of temporary disability retirement returns to active duty, the member's employer is not required under RCW 41.26.140 to grant longevity pay, vacation accrual or similar benefits to the member to the same extent such benefits would be available to another employee of the same rank who had been continuously employed with no period of disability retirement.2.The term "current salary" as used in RCW 41.26.140(2) may or may not include "longevity pay", depending on the type of "longevity pay" used by a particular LEOFF employer.3.RCW 41.26.140 does not restrict LEOFF employers from adopting policies or entering into collective bargaining agreements regarding longevity pay and vacation accrual, so long as the policies or collective bargaining agreements are consistent with the requirements of the statute.  

AGO 1966 NO. 85 >

Under the 1955 paid firemen's pension act (chapter 41.18 RCW) a fireman's longevity pay should be included as a factor in determining the amount of his contributions to the firemen's pension fund, and the disability and pension allowances payable to disabled and retiring firemen without regard to whether or not such longevity pay is attached to a rank.