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CITY OF PORT ORCHARD v. DEPARTMENT OF RETIREMENT

No. 27629-1-II.

50 P.3d 682 (2002)

CITY OF PORT ORCHARD, a municipal corporation; City of Tacoma, a municipal corporation; and City of Fife, a municipal corporation, Appellants, v. DEPARTMENT OF RETIREMENT SYSTEMS, State of Washington; and John F. Charles, in his official capacity as Director of the Department of Retirement Systems, Respondent.

Court of Appeals of Washington, Division 2.

August 2, 2002.

Attorney(s) appearing for the Case

Kendall Jennings, Tacoma, WA, Thomas Kent Faubion, Lakewood, WA, for appellants.

Jeff Kray, Asst Attorney General, Olympia, WA, for respondents.

HUNT, C.J.

The cities of Port Orchard, Tacoma, and Fife (Cities) appeal summary judgment in favor of The Department of Retirement Systems (the Department) in a class action1 (1) to require the Department to reimburse them for disability leave allowance payments to law enforcement officers and fire fighters, under Chapter 41.26 RCW; and (2) to compel the Department to pay future disability leave allowances from its Law Enforcement Officers...

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