January 21st 2022

Protect Your Pension!
Let Your Voice BE Heard:

Contact YOUR Legislator Now! Click Here

Joining a Committee Meeting: Video and Audio in Zoom
Testifying in a Virtual Committee Meeting
How to join Click Here

Contact your Legislator.
Click here for a list of Legislator emails.


The 2022 Legislative Session - How to leave messages to your Legislators

HOTLINE Toll-Free number (1-800-562-6000) operated by the Legislative Information Center by which citizens can leave brief messages to communicate their concerns and opinions to their legislators and the Governor.

Click here for a list of Legislative Terms.


Let Your Voice Be Heard

Here is a step-by-step list to make our voices heard

1) First, go to the Committee Sign In (Click Here)

2) Under the Committee drop-down, select "Ways & Means"

3) In the Meetings drop-down, select the meeting for today, January 17, at 4:00 pm

4) A list of bills will pop up under the drop-downs. Select SB 5791

5) After selecting SB 5791, more options will appear. Click on the one that reads "I would like my position noted for the legislative record"

6) That link will take you to a form to fill out. Select your position first. The LEOFF 1 Coalition is CON for SB 5791

7) Fill out the rest of the form and then click "Submit Registration"


Again, we do not support SB 5791.


Upcoming Legislative Bills

SB 5791 - 2021-22

Concerning law enforcement officers' and firefighters' retirement system benefits.
Sponsors: Schoesler. referred to Ways & Means.

Jan 17 - Scheduled for public hearing in the Senate Committee on Ways & Means at 4:00 PM (Subject to change). (Committee Materials) SB 5791 Opposed by Leoff 1 Coalition, and Wa. State Retired Deputy Sheriffs and Police Officers Association

Brief Summary of Bill: Increases the retirement benefit multiplier for certain members of the Law Enforcement Officers' and Fire Fighters' Retirement System Plan 2 (LEOFF 2) from 2 percent to 2.5 percent for years of service from 15 and up to 25. • Provides Law Enforcement Officers' and Fire Fighters' Retirement System Plan 1 members, certain active LEOFF 2 members, and LEOFF 2 retirees with a one-time lump sum equal to $100 per month of service for retirees and a minimum of $20,000 for catastrophic and duty disability retirees, and duty death beneficiaries.

SB 5652 - 2021-22
Companion Bill: HB 1701

Concerning law enforcement officers' and firefighters' retirement system benefits.
Sponsors: Conway, Rivers, Lovick, Mullet, Muzzall, Short, Van De Wege, Wagoner, Wilson, C.

Companion Bill: HB 1701
Sponsors: Bergquist, MacEwen, Sells, Bateman, Graham, Fitzgibbon, Callan, Peterson, Sullivan, Pollet, Maycumber, Ormsby

By Request: LEOFF Plan 2 Retirement Board
SB 5652 and Companion Bill: 1701, Support by Leoff 1 Coalition and Washington State Retired Deputy Sheriffs and Police Officers Association

SB 5453 - 2021-22

Concerning plans 1 and 2 of the state retirement systems.
Sponsors: Schoesler

This bill is a bad bill. This will open up the Leoff 1 Law

SB 5453 OPPOSE by Leoff 1 Coalition, and Washington State Retired Deputy Sheriffs and Police Officers Association

The legislature finds that the assets in the local law enforcement officers' and firefighters' retirement system benefits improvement account, when combined with the excess funding in the law enforcement officers' and firefighters' plan 2 retirement fund, are sufficient to fund a benefit improvement for members of the law enforcement officers' and firefighters' plan 2 without increasing the short-term cost for members, employers, or the state. As such, it is the intent of the legislature to increase the retirement allowance for active members with more than years of service and to provide a one-time payment to retired members.

SB 5336 - 2021-22

Concerning law enforcement officers' and firefighters' retirement system disability boards.
Ways & Means. Sponsors: Conway, Van De Wege, Das, Hasegawa, Holy, Keiser, Nobles

Bill 5336:
Opposed - This bill is not necessary, and it will just add more confusion to the medical providers and Leoff 1 members.This bill will open up the Leoff 1 Law.
SB 5336 Opposed by Leoff1 Coalition and Washington State Retired Deputy Police Officers Association

Brief Summary of Bill: Requires Law Enforcement Officers' and Firefighters' Retirement System Plan 1 Disability Boards to provide eligible members with documentation of covered medical services.


Washington State WAC Clarifies that LEOFF Plan 1 Members and Beneficiaries Own the surplus

WAC 415-02-756 How does the department comply with Internal Revenue Code exclusive benefit rules? No assets of the retirement system may be used for, or diverted to, a purpose other than the exclusive benefit of the members and their beneficiaries at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries. [Statutory Authority: RCW 41.50.0505 (5). WSR 10-24- 099, § 415-02-756, filed 12/1/10, effective 1/1/11.]

Internal Revenue Code exclusive benefit rules?

The exclusive benefit rule applies to all tax-sheltered retirement plans and is stated in IRC section 401(a) for employer plans and section 408(a) for IRA plans. This rule stipulates that all activities of the plan must be for the exclusive benefit of the plan beneficiaries.

RCW 41.54.080
Benefits under chapter—Contractual rights not established.

The benefits provided under RCW 41.54.010 through 41.54.070 are not provided to employees as a matter of contractual right and the legislature retains the right to alter or abolish these benefits at any time prior to a member's retirement.
[ 1987 c 192 § 8.]

WAC 415-02-756
How does the department comply with Internal Revenue Code exclusive benefit rules?

No assets of the retirement system may be used for or diverted to a purpose other than the exclusive benefit of the members and their beneficiaries at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries.

RCW 34.05.020
Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.

Nothing in this chapter may be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this chapter through the issuance of rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of this chapter or its applicability to any agency except to the extent that such legislation shall do so expressly.
[ 1988 c 288 § 102; 1967 c 237 § 24. Formerly RCW 34.04.940.]


Internal Revenue Code Exclusive Benefit Rules

The LEOFF1 pension, according to Washington State WAC 415-02-756 and Federal Law Clarifies that LEOFF 1 Members and Beneficiaries are entitled to all the LEOFF1 surplus.

WAC 415-02-756
How does the department comply with Internal Revenue Code exclusive benefit rules? No assets of the retirement system may be used for or diverted to, a purpose other than the exclusive benefit of the members and their beneficiaries at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries.

[Statutory Authority: RCW 41.50.050(5). WSR 10-24-099, § 415-02-756, filed 12/1/10, effective 1/1/11.]


LEOFF 1 Surplus Fund Can Only...

Benefit YOU and Your Beneficiary

WAC 415-02-756
The Washington State attorney opinions declare the LEOFF 1 Fund cannot be used for any purpose other than paying participants benefits.

Click here to read the news release from Attorney Hagens Berman.


RCW 41.54.080

Benefits under chapter - Contractual rights not established RCW 41.54.080

NO CHANGES CAN BE MADE AFTER RETIREMENT

The benefits provided under RCW 41.54.080 are not provided to employees as a matter of contractual right and the legislature retains the right to alter or abolish these benefits at any time prior to a member's retirement.


Law Enforcement Officers and Firefighters Retirement System RCW 41.26.030

Many members have been calling on what medical services they can receive. Please section 19 of this RCW, and please note subsection I:


(19) "Medical services" for plan 1 members, shall include the following as minimum services to be provided. Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.

  • (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for
  • (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending physician due to the condition of the patient.
  • (ii) Necessary hospital services, other than board and room, furnished by the hospital.
  • (b) Other medical expenses: The following charges are considered "other medical expenses," provided that they have not been considered as "hospital expenses".
  • (i) The fees of the following:
    • (A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;
    • (B) An osteopathic physician and surgeon licensed under the provisions of chapter 18.57 RCW;
    • (C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
      • (ii) The charges of a registered graduate nurse other than a nurse who ordinarily resides in the member's home, or is a member of the family of either the member or the member's spouse.
      • (iii) The charges for the following medical services and supplies:
    • (A) Drugs and medicines upon a physician's prescription;
    • (B) Diagnostic X-ray and laboratory examinations;
    • (C) X-ray, radium, and radioactive isotopes therapy;
    • (D) Anesthesia and oxygen;
    • (E) Rental of iron lung and other durable medical and surgical equipment;
    • (F) Artificial limbs and eyes, and casts, splints, and trusses;
    • (G) Professional ambulance service when used to transport the member to or from a hospital when injured by an accident or stricken by a disease;
    • (H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
    • (I) Nursing home confinement or hospital extended care facility;
    • (J) Physical therapy by a registered physical therapist;
    • (K) Blood transfusions, including the cost of blood and blood plasma not replaced by voluntary donors;
    • (L) An optometrist licensed under the provisions of chapter 18.53 RCW.
    Click here to read the complete RCW.


    leoff1-resource-guide

    Click here to read the LEOFF1 Disability Boards Best Practices.

Medicare Coverage Outside the United States is Limited! Click here to find out more

LEOFF Plan 1 disability benefits.

Check with your disability board regarding your medical coverage outside the United States.

Pension and Investments

Washington state high court rules pension benefit reductions are constitutional
Click here for more details.

The LEOFF 1 Coalition website contains some files that come in a "pdf" format which requires Adobe's Acrobat Reader in order to view and search through the documents. If you don't already have it, you can download it here.  It's free from Adobe.

Adobe

Legislator Information!
Click the links below for
more information.


Join the Leoff 1 Coalition

Protect Your Retirement Plan and Medical Benefits

The Coalition is the only state wide organization that exclusively represents retired LEOFF1 Members and Beneficiaries.

MEMBERSHIP FORMS

Click here for the PAYROLL DEDUCTION MEMBERSHIP form - PDF VERSION

Click here for the MEMBERSHIP & CONTRIBUTION form - PDF VERSION


Update Your Information

Contact Joyce Willms at joyce@leoff1coalition.org or by calling the Coalition office at 360-570-1035.

Keep Track with What's Happening at the Capital!

Washington State Wire - Click Here!

The Olympian: Politics/Government - Click Here!

The Seattle Times: Olympia Politics - Click Here!

The News Tribune: Politics & Government - Click Here!

The Columbian: Politics - Click Here!

The Spokesman: Washington Politics - Click Here!

Swisher v. City of Moses Lake
Swisher v. City of Moses Lake Case letter from Joe Fischnaller, Atty - Click here

Finding of Fact Conclusions of Law and Order - case document filed Feb. 5, 2010 - Click here

Order of Motion for Summer Judgement - case document filed Oct. 9, 2009 - Click here

Superior Court of Washington for Grant County, Elvis T. Swisher vs City of Moses Lake - July 7, 2008 - Click here

State Legislators

Please read this
Bakenhus Decision 1956

RETIREMENT LAWS
of the
WASHINGTON LAW ENFORCEMENT OFFICERS
and
FIREFIGHTERS RETIREMENT SYSTEM.

Original 1970 Manual
Click here to read.


Medical Benefits For Plan1 Members
Wa.St. RCW 41.26.030 Section 19
Last Updated March 2017


Law Enforcement Officers' and Fire Fighters' Plan 1 Hand Book

Contact - 1-800-547-6657
Last Updated March 2017


Department of Retirement Systems

Leoff1 Plan Disability Benefits
Click Here

Leoff1 Plan Disability Board Guidelines
Click Here


What To Do When
A Death Occurs

Click Here

Contact - 1-800-547-6657 ext.47081


Washington State Department of Retirement Systems
360.664.7000
800.547.6657
WEBSITE


Annual Inflation
Click Here
Last Updated March 2014


Lifetime Retirement
Planning Frequently
Asked Questions

Click Here
Contact - 1-800-547-6657Last Updated 2010


For more government information and phone numbers, Click Here!


Social Security
Main Website: http://www.ssa.gov
Find an Office: https://secure.ssa.gov/ICON/main.jsp
Contact: 1-800-772-1213
TTY: 1-800-352-0778

Veteran’s Benefits
After Death Occurs

Benefits:
1-800-827-1000

Health Care:
1-877-222-VETS (8387)

VA Inspector General:
1-800-488-8244

Veterans Crisis Line:
1-800-273-8255 (Press 1)