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SERRES v. DEPT. OF RETIREMENT SYSTEMS

Nos. 64362-2-I, 64563-3-I.

261 P.3d 173 (2011)

163 Wn. App. 569

William SERRES, on behalf of himself and a class of persons similarly situated, Respondent, v. WASHINGTON DEPARTMENT OF RETIREMENT SYSTEMS and King County, Appellants.

Court of Appeals of Washington, Division 1.

September 12, 2011.

Attorney(s) appearing for the Case

Karen Astrid Pool Norby , Susan Nathalie Slonecker , King Co. Prosecuting Attorney Office, Seattle, WA, Sarah Elizabeth Blocki , Attorney at Law, Olympia, WA, for Appellants.

James D. Oswald , Law Offices of James D. Oswald, Seattle, WA, for Respondents.

Stephen Kolden Strong , Bendich Stobaugh & Strong PC, Seattle, WA, for Amicus Curiae.

LEACH, A.C.J.

¶ 1 The Washington Department of Retirement Systems (DRS) and King County (County) appeal a determination that settlement payments made to class members as part of a class action settlement qualify as "compensation earnable" within the meaning of RCW 41.40.010(8). They contend the settlement payments do not meet the statutory definition of that term because the County did not pay them as salary or wages. Alternatively, DRS claims that if these payments...

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