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FEDERATION OF STATE EMPLOYEES v. STATE

No. 26384-0-II.

26 P.3d 1003 (2001)

107 Wash.App. 241

WASHINGTON FEDERATION OF STATE EMPLOYEES; Penny Hall, Katherine Carpenter and Page Carter; Washington State Council of County and City Employees, AFSCME Council 2; AFL-CIO; John Doe 1 Through 3; and Jane Doe 1 Through 3, Appellants, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

July 13, 2001.

Attorney(s) appearing for the Case

Edward Earl Younglove, Parr & Younglove, Olympia, Martin S. Garfinkel, Frank and Rosen Llp, Seattle, for Appellants.

Jeff B. Kray, Assistant Attorney General, Olympia, for Respondent.

HUNT, A.C.J.

The Washington Federation of State Employees (WFSE)1 appeals the trial court's summary judgment dismissal of its action against the State seeking a declaratory judgment that the Public Employees Retirement System Plan 1 (PERS I) is a trust, which it alleged the State administered improperly. Finding no abuse of discretion, we affirm.

FACTS

In 1947, the Legislature created PERS I,2

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