Adams v. City of Seattle
Adams v. City of Seattle
Opinion of the Court
¶1 — The appellants, commissioned law enforcement officers for the city of Seattle (City) who previously worked for the City in other, noncommissioned positions and made contributions to the City Employees’ Retirement System (CERS), claim they are entitled to have their time in noncommissioned positions considered “service” credits for purposes of calculating their benefits under the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System (LEOFF). We hold that the officers’ time in noncommissioned positions here does not qualify as “service” under the plain language of the LEOFF statutes. Accordingly, we affirm the trial court’s summary dismissal of appellants’ claims.
FACTS
¶2 The facts are undisputed. The appellants (Officers) became commissioned law enforcement officers in the 1960s or early 1970s.
¶3 In 1969, the Washington State Legislature established LEOFF, a statewide retirement system for law enforcement officers and fire fighters.
¶4 Accordingly, when LEOFF became effective on March 1,1970, the City reported to the Department the members of its police department who were commissioned officers, including some of the Officers here. Those Officers’ PRPF memberships, which began as they became commissioned officers, were transferred to LEOFF under RCW 41.26-.040(2). The remaining Officers were enrolled directly into LEOFF between March 1971 and December 1973, as they became commissioned officers.
¶5 Because some law enforcement officers were already enrolled in other legislatively authorized pension systems when LEOFF was enacted, the LEOFF statutes included a provision that if the benefits an officer would have received under the prior system (here, PRPF) were better than under LEOFF, the officer’s employing city would pay the additional amount (the “excess benefit”) the officer would have received under the prior system.
¶6 In 1973, the legislature amended RCW 41.20.170 to permit former city employees who were members of CERS and who were presently employed within the City’s police department to request a transfer of their CERS memberships to PRPF. Laws of 1973, ch. 143, § 2, amending RCW 41.20.170. The amendment allowed police department employees with prior service in noncommissioned positions to have such service counted toward the service credit years (up to 30) used to determine their retirement allowance under PRPF. Following the January 1,1974 effective date of this legislation, all of the Officers requested that their CERS memberships be transferred to PRPF.
¶7 The Officers began to retire in 1995. The LEOFF monthly retirement allowances for the retired Officers (or
¶8 In January 2012, the Officers filed suit in superior court against the City and the Department, seeking a declaratory judgment that they were entitled to additional LEOFF benefits (or, for active employees, service credit) for time they worked in noncommissioned positions.
DISCUSSION
¶9 The Officers appeal from summary judgment, claiming they are entitled to have their service in noncommissioned employment accounted for as service credit when calculating their LEOFF benefits. This court reviews summary judgments de novo. Michael v. Mosquera-Lacy, 165 Wn.2d 595, 601, 200 P.3d 695 (2009). The issue before us concerns statutory construction, which is also reviewed de novo. Olympic Tug & Barge, Inc. v. Dep’t of Revenue, 163 Wn. App. 298, 306, 259 P.3d 338 (2011) (citing Dot Foods, Inc. v. Dep’t of Revenue, 166 Wn.2d 912, 919, 215 P.3d 185 (2009)), review denied, 173 Wn.2d 1021, 272 P.3d 850 (2012). Our “objective is to ascertain and carry out the legislature’s
¶10 Under the LEOFF statutes, monthly retirement allowances are determined under formulas using “final average salary”
A member upon retirement for service shall receive a monthly retirement allowance computed according to his or her completed creditable service credit years[10] of service as follows: Five years but under ten years, one-twelfth of one percent of his or her final average salary for each month of service; ten years but under twenty years, one-twelfth of one and one-half percent of his or her final average salary for each month of service; and twenty years and over one-twelfth of two percent of his or her final average salary for each month of service ....
RCW 41.26.100. “Service,” as pertinent here, is defined as follows:
“Service” for [LEOFF] plan 1 members, means all periods of employment for an employer as a ... law enforcement officer ....
(i) For members retiring after May 21, 1971 who were employed under the coverage of a prior pension act before March 1, 1970, “service” shall also include (A) such military service not exceeding five years as was creditable to the member as of March 1, 1970, under the member’s particular prior pension act, and (B) such other periods of service as were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160, or 41.20.170. However, in no event shall credit be allowed for any service rendered prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by a prior pension*404 act, unless such service, at the time credit is claimed therefor, is also creditable under the provisions of such prior act.
RCW 41.26.030(28)(a). “Law enforcement officer” is defined, in pertinent part, as “any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington ...” RCW 41.26.030(18).
¶11 Under RCW 41.26.030(28)(a), therefore, “service” as relevant here is (1) periods of employment as a law enforcement officer, (2) military service as defined in subsection (A) of RCW 41.26.030(28)(a)(i), or (3) “such other periods of service” as defined in subsection (B). It is undisputed that the noncommissioned positions in which the Officers worked did not constitute employment as “law enforcement officers.” It is also undisputed that the Officers did not have “military service” under subsection (A).
¶12 The question, therefore, is whether the Officers’ employment in noncommissioned positions constitutes “such other periods of service as were then creditable to a particular member under the provisions of RCW . . . 41.20.170” under subsection (B). The Officers contend it does. They contend “then creditable” refers to the date an officer retires (after May 21,1971) and that RCW 41.20.170 made their CERS contributions “then creditable” under PRPF. We disagree.
¶13 The phrase “then creditable” in subsection (B), as in subsection (A), plainly refers to service creditable under the specified pension statutes (RCW 41.18.165, 41.20.160, or 41.20.170) as of March 1, 1970. The Officers argue that if the legislature intended “then creditable” in subsection (B) to refer to March 1,1970, it would have specified that date, as it did in subsection (A). But this argument cuts just as well against the Officers’ position; had the legislature intended “then creditable” to refer to “then creditable as of the date of retirement after May 21, 1971,” it could have used such language.
¶15 The Officers also contend it is nonsensical to read the phrase “as were then creditable to a particular member under the provisions of RCW . . . 41.20.170” to refer to a period before RCW 41.20.170 was amended in 1973 to permit the transfer of service credit from CERS to PRPF. They contend the legislature is presumed to have had subsection (B) in mind when it amended RCW 41.20.170. And thus, they contend, it intended to permit all service allowed under PRPF (including CERS service) to be credited to LEOFF. We disagree.
¶16 The legislature specifically included as service under LEOFF “such other periods of service as were then creditable . . . under . . . RCW . . . 41.20.170.” RCW 41.26-.030(28)(a)(i)(B) (emphasis added). The reference to RCW 41.20.170 was to the statute, as it existed on March 1,1970, not to the statute as amended in 1973. If the legislature intended to undo or otherwise alter subsection (B) by the 1973 amendment, it could have easily done so. Because it did not, we conclude the Officers’ CERS service, which was not creditable to PRPF until 1974, does not count as “service” under LEOFF.
¶17 The Officers argue that even if “then creditable” refers to March 1, 1970, their CERS contributions were creditable as of that date because RCW 41.20.170 states
¶18 The Officers finally contend that LEOFF must account for the time they worked in noncommissioned positions under the 1973 amendment to RCW 41.20.170 (permitting transfer of CERS memberships to PRPF), which provides:
[T]he transfer of membership to [PRPF] shall be made, together with a transfer of all accumulated contributions credited to such member. The board of administration of [CERS] shall transmit to the board of trustees of [PRPF] a record of service credited to such member which shall be computed and credited to such member as a part of his or her period of employment in [PRPF].
RCW 41.20.170 (emphasis added). They note that an officer making a transfer from CERS to PRPF “shall have all the rights, benefits and privileges that he or she would have been entitled to had he or she been a member of [PRPF] from the beginning of his or her employment with the city.” Id. They argue that they had a vested right to benefits from all of their prior city service, and this time should be counted toward their retirement under LEOFF. They cite Fann v. Smith, 62 Wn. App. 239, 814 P.2d 214 (1991) in support.
¶19 We reject this argument. The cited statute does not pertain to LEOFF benefits but to transfer of CERS memberships to PRPF. The Officers are not claiming a loss of benefits due under PRPF, but rather claiming the service credit at issue is due under LEOFF. Although PRPF does not exclude service in noncommissioned employment, whether CERS credits transferred to PRPF is irrelevant to what benefits are due or how benefits are calculated under
¶20 Fann, which pertained to whether CERS memberships of former police cadets could be transferred into PRPF, is inapposite. There, city police officers who previously made contributions into CERS as police cadets sought a declaratory judgment that they were entitled to membership in PRPF, in addition to their membership in LEOFF (which began once they were sworn in as police officers). Fann, 62 Wn. App. at 239-41. The defendants, the PRPF trustees, argued that the officers could not transfer their memberships to PRPF under RCW 41.20.170 because they were not former city employees but rather employees of the police department. Id. at 241-42. We disagreed and determined that the cadets were plainly city employees, as evidenced by their having paid contributions into CERS. Id. at 242-43. We held that RCW 41.20.170 allowed the officers to transfer their CERS memberships into PRPF. Here, there is no issue with whether the Officers validly transferred their CERS memberships to PRPF.
¶21 The Department contends, and we agree, that what the Officers seek is to combine the most advantageous features of PRPF’s and LEOFF’s formulas for calculating retirement benefits. Under LEOFF, the benefit is based on a multiplier times months of service credit, and a retiring officer can have all of his or her months of qualifying service considered for LEOFF, with no cap. See RCW 41.26.100. In contrast, benefits under PRPF are based
¶22 But in Vallet v. City of Seattle, 77 Wn.2d 12, 459 P.2d 407 (1969), our Supreme Court rejected an attempt by a retiree to apply certain provisions in a 1915 pension law along with certain provisions in a successor 1961 pension law. Id. at 19. The court stated:
The language of our past decisions does not contemplate a situation whereby a pensioner is entitled to select the best parts of several pension acts relating to him. To hold otherwise would have a serious effect on the everyday administration of pension plans in this state.
Id. at 21-22. Likewise, in McAllister v. City of Bellevue Firemen’s Pension Bd., 166 Wn.2d 623, 210 P.3d 1002 (2009), the court rejected the argument of retired fire fighters that the city of Bellevue, in determining excess benefits under a city pension plan, was required to apply a salary definition contained in LEOFF rather than the definition in the city pension plan, determining the retirees were attempting to “ ‘cherry pick’ the best of LEOFF and [the city pension act].” Id. at 632. The court observed, “To read the LEOFF statutes to allow the McAllisters to ‘blend’ the best of two different pension plans would run counter to our holding in Vallet and introduce instability into the administration of the plans.” Id.
¶23 We hold that under the plain language of the LEOFF statutes, the Department properly excludes the
¶24 Affirmed.
The original lawsuit was filed by 19 retired city law enforcement officers and 6 active officers. Of the original plaintiffs, 22 joined in this appeal; 17 are retired and 5 are active officers.
One was a laborer, 2 were transit operators, and the remaining 19 were police cadets.
Because no fire fighters are involved in this appeal, we will reference only law enforcement officers in our opinion.
Later, the legislature split LEOFF into two plans. LEOFF Plan 1 covers employees hired before October 1,1977 and LEOFF Plan 2 covers employees hired on or after October 1, 1977. See RCW 41.26.030(21), (22). Because all of the Officers are in LEOFF Plan 1, “LEOFF” in this opinion refers to LEOFF Plan 1.
Some of the Officers, those who became commissioned law enforcement officers before LEOFF was enacted, had enrolled in CERS and PRPF at the time they were enrolled in LEOFF. The remaining Officers, those who became commissioned law enforcement officers after LEOFF was enacted, had enrolled in only CERS at the time they were enrolled in LEOFF. This distinction between the
Specifically, RCW 41.26.040(2) provides, in pertinent part:
In addition [to the retired officer’s LEOFF benefits], his or her benefits under the prior retirement act to which he or she was making contributions at the time of this transfer shall be computed as if he or she had not transferred. For the purpose of such computations, the employee’s creditability of service and eligibility for ... benefits shall continue to be provided in such prior retirement act, as if transfer of membership had not occurred.
The legislature included this provision in recognition of the general principle that it may not change retirement benefits it has established for public employees to the detriment of the employees. Bakenhus v. City of Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956) (establishing general principle); Mulholland v. City of Tacoma, 83 Wn.2d 782, 552 P.2d 1157 (1974) (recognizing application of principle to LEOFF statutes).
Ten of the retired Officers are receiving excess benefit payments from the City.
The Officers’ complaint also alleged that the State or the City had violated chapter 49.52 RCW, the ‘Wage Antirebate Act,” and chapter 49.46 RCW, the Washington Minimum Wage Act. The Officers present no argument on these claims, which we consider abandoned. See State v. Motherwell, 114 Wn.2d 353, 358 n.3, 788 P.2d 1066 (1990) (assignment of error unsupported by argument or authority considered abandoned on appeal).
This term, defined in RCW 41.26.030(15)(a), is not material to the issue before us.
10 “Service credit year” is defined as “an accumulation of months of service credit which is equal to one when divided by twelve.” RCW 41.26.030(30).
Nor have the Officers ever alleged any harm from transferring their CERS memberships to PRPF.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.