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TUCKER v. DEPARTMENT OF RETIREMENT SYSTEMS

No. 31810-5-II.

113 P.3d 4 (2005)

Kenneth R. TUCKER, Appellant, v. DEPARTMENT OF RETIREMENT SYSTEMS OF the STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

May 24, 2005.

Attorney(s) appearing for the Case

Wayne L. Williams, Williams Wyckoff & Ostrander PLLC, Olympia, WA, for Appellant.

Anne Hall, Assistant Atty. General, Olympia, WA, for Respondent.

VAN DEREN, J.

¶ 1 Kenneth Tucker claims that the Department of Retirement Systems (DRS) and the superior court erroneously denied his request to retroactively transfer his retirement benefits from the Law Enforcement Officers and Fire Fighters (LEOFF) Plan 2 to LEOFF Plan 1. He argues that DRS erred in finding that in 1975:(1) he failed to satisfy the medical and health requirements of former chapter 41.26 RCW; and (2) he was not a fire fighter as defined under...

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