Summary
The Washington Supreme Court held that the City of Bellevue Firemen's Pension Board properly calculated the petitioners' excess pension payments using the basic-salary definition in the former Firefighters' Relief and Pensions-1955 Act rather than the broader definition under LEOFF. The court rejected the petitioners' argument that combining favorable provisions from both pension systems was required under pension-contract principles, and affirmed the Court of Appeals.
Holdings
- RCW 41.26.040(2) requires the City to calculate excess pension payments according to the provisions and statutory definitions of the prior retirement system, including the 1955 Act's definition of basic salary. For the McAllisters, that required use of a battalion chief's salary rather than their actual chief and deputy-chief salaries.
- The application of the 1955 Act's basic-salary definition did not violate the pension-protection principles of Bakenhus, and the McAllisters could not combine favorable provisions from the two pension systems.
- The original 1969 version of RCW 41.26.040(2) did not support applying LEOFF's basic-salary definition because that version never took effect; the legislature amended it before its specified effective date.
Questions Presented
- Whether RCW 41.26.040(2) requires the City to calculate the McAllisters' excess pension payments using the basic-salary definition in the 1955 Act or the definition in LEOFF.
- Whether the pension-protection principles of Bakenhus require the court to combine the most favorable features of the 1955 Act and LEOFF.
- Whether the superseded original version of RCW 41.26.040(2) could be used through legislative history to support applying LEOFF's basic-salary definition to calculations under the 1955 Act.
Disposition
affirmed
Cases Cited (7)
- Bakenhus v. City of Seattle, 48 Wash. 2d 695, 296 P.2d 536 (1956)(followed and applied)
- Allen v. City of Long Beach, 45 Cal. 2d 128, 287 P.2d 765 (1955)(quoted)
- Vallet v. City of Seattle, 77 Wash. 2d 12, 459 P.2d 407 (1969)(followed)
- Mulholland v. City of Tacoma, 83 Wash. 2d 782, 522 P.2d 1157 (1974)(applied)
- State v. J.P., 149 Wash. 2d 444, 69 P.3d 318 (2003)(followed)
- DeGrief v. City of Seattle, 50 Wash. 2d 1, 297 P.2d 940 (1956)(applied)
- McAllister v. City of Bellevue Firemen's Pension Board, 142 Wash. App. 250, 180 P.3d 786 (2007)(reviewed)
Cited In (0)
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