SHURTLIFE v. DEPT. OF RETIREMENT SYSTEMS

No. 24819-1-II.

15 P.3d 164 (2000)

103 Wash.App. 815

Rick A. SHURTLIFF, Appellant, v. DEPARTMENT OF RETIREMENT SYSTEMS, Respondent.

Court of Appeals of Washington, Division 2.

December 21, 2000.


Attorney(s) appearing for the Case

Mark S. McCarty, Campiche, Hepburn, McCarty & Bianco, Seattle, for Appellant.

Jerome E. Westby, Asst. Atty. Gen., Olympia, for Respondent.


MORGAN, J.

This case concerns the Law Enforcement Officers' and Fire Fighters' Retirement System, Plan I (LEOFF I). One question is whether a LEOFF I member withdraws his or her contributions from the LEOFF I fund by receiving a disability retirement allowance. Another question is whether RCW 41.26.140(5) divests a LEOFF I member's right to a service pension, after that right has vested under RCW 41.26.090(2). The answer to each question is no.

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