July 18th 2026

LEOFF 1 Coalition Legal Update

From Dave Reichert, Secretary and Legal Liaison

LEOFF Plan 1 Members, Beneficiaries, and Survivors,

The purpose of this communication is to address questions generated by the recent Department of Retirement Systems (DRS) notice and to provide members with updated information received from Coalition legal counsel regarding the pending class-action lawsuit challenging E2SHB 2034.

1. The Coalition Lawsuit Protects Members and Beneficiaries Our attorneys have made it clear that the Coalition's class-action lawsuit has already stopped the statute of limitations from running for members included in the class.

As our attorneys explained:
" We've stopped the statute of limitations from running by filing the class action lawsuit well before 2027. No class member needs to file a lawsuit to stop the limitations period from running out on their claim. And the class includes all LEOFF 1 participants and their designated beneficiaries who receive benefit payments from LEOFF 1."

Bottom Line: LEOFF Plan 1 retirees, beneficiaries, and survivors who are members of the class do not need to file separate lawsuits to preserve their rights.

2. Amended Complaint Filed

Our attorneys have filed an amended complaint in federal court.

The amendment addresses procedural issues regarding which state officials may be sued in federal court. Rather than spending months litigating those procedural questions, the amended complaint focuses on the officials responsible for carrying out the transfer of assets from the LEOFF Plan 1 Trust Fund.

The amended complaint continues to challenge the planned transfer of trust assets under E2SHB 2034.

Section 105(1) of the law provides:
" On June 30, 2029, at the direction of the director of retirement systems, the state treasurer will transfer to the restated law enforcement officers' and firefighters' defined benefit retirement fund an amount equal to 110 percent of the actuarial present value of the fully projected benefits of Plan 1."

Our lawsuit seeks to prevent that transfer from occurring.

As our attorneys stated:
"Rather than spending weeks or months fighting about whom we can sue in federal court to obtain the injunction we want, we obviate the defendants' arguments with this new complaint."

3.Federal Constitutional Claims Remain Before the Court

Our attorneys have advised that:
"The Legislature cannot prevent a federal court from exercising its jurisdiction to determine whether a state statute violates the federal Constitution."

The Coalition's constitutional claims remain before the federal court.

4. Additional Motions May Be Filed

The State may file additional motions as the litigation proceeds.

Our attorneys have advised that it is difficult to predict every legal argument the State may raise. However, the State has already informed our attorneys that it intends to argue that E2SHB 2034 is constitutional. Our attorneys believe that any additional motions to dismiss are unlikely to succeed.

5. Our Attorneys Remain Confident

While no attorney can guarantee the outcome of litigation, our legal team believes we have a very strong case.

As all of us know from our careers in law enforcement and public service, courts can be unpredictable. Nevertheless, our attorneys remain confident in the strength of the Coalition's legal claims and their likelihood of success.

Final Message
The recent DRS notice has generated understandable questions and concerns.

The most important point for members, beneficiaries, and survivors to remember is this:

The Coalition's class-action lawsuit includes LEOFF Plan 1 retirees and beneficiaries and was filed well before the December 31, 2027 deadline referenced in the DRS notice.

Please share this information with fellow LEOFF Plan 1 members, beneficiaries, and survivors who may have questions about the lawsuit or the DRS letter.

Additional updates, including a copy of the amended complaint, will be provided as they become available.

Thank you for your continued support of the LEOFF 1 Coalition and our efforts to protect the rights, benefits, and trust assets of LEOFF Plan 1 members, beneficiaries, and survivors.

Dave Reichert Secretary,
Legal Liaison and Spokesperson
LEOFF 1 Coalition Board Secretary,

Retired King County Sheriff
Former U.S. Congressman