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HERTZKE v. STATE DRS

No. 25167-1-II.

18 P.3d 588 (2001)

104 Wash.App. 920

Eugene HERTZKE, Respondent, v. Washington STATE DEPARTMENT OF RETIREMENT SYSTEMS, Appellant.

Court of Appeals of Washington, Division 2.

February 15, 2001.

Attorney(s) appearing for the Case

Jerome E. Westby, Assistant Attorney General, Olympia, for Appellant.

Ronald C. Templeton, Matty & Templeton, Silverdale, for Respondent.

BRIDGEWATER, J.

The Department of Retirement Systems (DRS) appeals the superior court's reversal of the DRS Presiding Officer's decision holding that: (1) Eugene Hertzke had not retired effective September 1, 1993, because he had a prohibited written agreement to return to public service employment; and (2) his salary increase could not be included in his "earnable compensation" because it was given in lieu of life insurance...

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