James A. Densley v. Department of Retirement Systems

Summary

The Washington Supreme Court interpreted RCW 41.40.170(3), which permits certain PERS 1 members to receive retirement service credit for military service performed before public employment. The court held that the statute does not require such service to be active federal service, allowing credit for three summer National Guard training camps, but denied credit for weekend drills and a one-day physical examination because the service did not meet the applicable 10-day monthly requirement. The court also held that authorized travel home from active military duty may qualify as active duty and remanded for a factual determination regarding Densley's travel time.

Holdings

1. RCW 41.40.170(3) unambiguously entitles a PERS 1 member who has completed 25 years of creditable service to retirement service credit for service in the armed forces, whether or not the service was active federal service.
2. Densley's National Guard summer training camps and drills constituted service in the armed forces within RCW 41.40.170(3), without requiring the court to determine whether they were active federal service.
3. Densley was not entitled to retirement service credit for his pre-1991 weekend drills or one-day physical examination because the law applicable when the service occurred required at least 10 days of service in a calendar month.
4. Authorized travel to and from active military duty is part of active duty for purposes of determining retirement benefits.
5. Alleged procedural errors, including DRS's failure to redact Densley's Social Security number, did not warrant reversal because Densley failed to show substantial prejudice and the available redaction remedies had been provided.
6. Densley was not entitled to attorney fees or expenses because he failed to properly request and support fees under RAP 18.1(b) and did not substantially prevail.

Questions Presented

1. Whether RCW 41.40.170(3) limits noninterruptive military-service retirement credit to active federal service.
2. Whether Densley's Washington Army National Guard summer training camps and weekend drills constituted service in the armed forces eligible for credit under RCW 41.40.170(3).
3. Whether the 1991 amendment changing the monthly service-credit threshold applied retroactively to Densley's pre-1991 military service.
4. Whether authorized travel home from active military duty is part of active duty for purposes of calculating retirement service credit.
5. Whether alleged administrative procedural errors, including failure to redact personal identifiers, warranted reversal without a showing of substantial prejudice.
6. Whether Densley was entitled to attorney fees and expenses under the Equal Access to Justice Act and RAP 18.1.

Disposition

reversed_and_remanded