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BUCKLEY v. DEPARTMENT OF RETIREMENT SYSTEMS

No. 20809-5-III.

65 P.3d 1216 (2003)

116 Wash.App. 1

Barney P. BUCKLEY, Appellant, v. DEPARTMENT OF RETIREMENT SYSTEMS, Respondent.

Court of Appeals of Washington, Division 3, Panel Three.

Publication Ordered March 4, 2003.

Attorney(s) appearing for the Case

Mark S. McCarty, Seattle, WA, for Appellant.

Jerome E. Westby, Assistant Attorney General, Olympia, WA, for Respondent.

BROWN, C.J.

Barney P. Buckley, Colfax Chief of Police, is enrolled in Plan 2 of the Law Enforcement Officers' and Fire Fighters' retirement system (LEOFF). The Department of Retirement Systems (DRS) denied his petition for retroactive membership in Plan 1, finding he was not employed as a full-time, fully-compensated officer prior to October 1, 1977. The superior court affirmed. Chief Buckley's temporary employment prior...

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