|plan, he or she has a right to continued membership in the plan under the requirements for receiving benefits, he or she is then entitled to receive a pension according to the vested pension rights.
This does not mean that an employee may never change pension rules. But the Court was clear that a new limit on contractual pension rights must be justified. For example a change that removes a benefit might be justified by a showing that reducing the benefit was necessary to preserve and perfect the system, or that it bore a reasonable relation to the purpose of the pension plan.
Richard Warbrouck, President, from the Retired Firefighters of Washington newsletter May 2009
Please Donate to the Family of Deputy Kent Mundell
Pierce County Sheriff’s Office Independent Guild
P.O. Box 1489
Eatonville, WA 98328-1489
SWISHER VS. MOSES LAKE
A Moses Lake lawsuit about the authority of the local disability board is now resolved in favor of Swisher. Before reporting further The Hot Sheet has been requested to wait until the LEOFF 1 Education Association has time to inform the many LEOFF 1 employers how this decision affects them.
HAVE YOU PAID YOUR DUES?
Check your mailing labels they should have a year above your name. Make sure it is 2010.
The label should look like this if you have currently paid your dues:
City, State Zip code
We don’t want you to miss any information
If you have an Email address and have not received a message from the WSRDSPOA announcing the operation of our new website, please send a message to one of the website managers addresses:
There will be a lot to see there in the near future
WHAT IS THE BAKENHUS DECISION?
Many of you have heard of the Bakenhus vs. City of Seattle Lawsuit. I will try to explain the particulars. The following is a brief explanation of the lawsuit
SUMMARY OF BAKENHUS VS. CITY OF SEATTLE
48 Wn 2nd 695; 296 P.2 536 (1956)
Pension Benefits Are Contractual Rights
The Washington Supreme Court (the Court) ruled that an employee who accepts a job with a pension plan has entered into a contract with the employer. When the employee becomes eligible to receive the pension, the employer must pay the pension according to the contract. The employee’s pension rights may be changed prior to retirement, but only for the purpose of keeping the pension system flexible and maintaining its integrity.
The City of Seattle Could Not Reduce Mr. Bakenhus’ Expected Pension
H. D. Bakenhus was a retired policeman. When he became a member of the Seattle Police Department in 1925, the law set his pension as one-half the salary for the rank he held during the year just before his retirement. The pension fund law was later changed in 1937 to provide a cap on police retirement pensions.
Mr Bakenhus later became a police captain and retained that status until he retired in 1950. For the year before his retirement his salary was $350 a month, which would give him a monthly retirement pension of $185 per month. At retirement, the city authorized a retirement pension of $125 per month based on the cap that passed in 1937. Mr. Bakenhus sued to force the city to pay him $185 instead of $125.
Mr. Bakenhus Prevailed in Court
The trial court ordered the city to pay Mr. Bakenhus the higher pension amount plus the difference between the increased pension and the pension he had received since retirement. The City of Seattle appealed but lost. The Court decided that the 1937 amendment to the pension law impaired the obligation of Mr. Bakenhus’ contract with the city. The 1937 amendment was void as to Mr. Bakenhus (and all who became members of the police department prior to the 1937 enactment).
What was the Court’s Reasoning?
The Court agreed with the so-called “California Rule” Under this rule, pension provisions are part of the expected compensation set out in the employment contract. Further, contractual pension rights become vested at the time the employee enters public service. This means that when an employee joins the pension
|Welcome to your New WSRDSPOA website. The picture above is part of the Home Page. You will find the new website at: https://wsrdspoa.org
As you can see from the top of the picture above you can select: Home, Members Only, Discussion Board, Event Calendar, Apply for Membership and Newsletter.
The Home Page is the first page that you will come to. Without logging in, you can read about Membership and the Purpose of WSRDSPOA. You can view the Visitor counter and see who is on at the same time you are. This is where you can Login to the site. Also, when you move your mouse over the Home tab at the top, you will see a “Contact Us” button. You can write an email to any of those people listed.
Without logging in you can go to the Apply for Membership tab and click on it. At the Membership Application page you can download the application, fill in the blanks and printout the completed form. So encourage your qualified non-member friends to join our Association.
Back at the Home Page you can Login. Once you are logged in you can go to the Members Only tab and click on My Profile tab. At My Profile you are encouraged to change your Username (if you want to) or at least change your Temporary Password. You are also encouraged to furnish the other information and share with your fellow members. YOUR INFORMATION CAN BE SEEN ONLY BY FELLOW MEMBERS AND WILL NOT BE SHARED WITH ANYONE OUTSIDE OF THE ASSOCIATION.
If you click on the Members Only tab you can view all of the members, find your friends and view their profiles.
If you click on the Discussions Forum you can respond to a discussion or start up a discussion about anything you want.(within reason) There is a Classified Ads thread that will list the Association challenge coins and clothing for purchase. This area will be expanded in the future
If you click on the Events Calendar, you can see some of the upcoming events. If you want to list an event that maybe of interest to the membership contact a website Administrator.
If you click on the Newsletter tab you read the most current Hot Sheet or archived editions. Currently we only have the Sep-Nov 2009 Hot Sheet archived.
For those of you who are current members, we sent out an email with instructions listed below. For those of you who cannot login to the website, it is probably because we don’t have your correct email address. As an example, we sent out an email to a small list of 150 members and we got 32 back. I can’t stress enough how important it is for you to keep your email address updated. Once you login, you can change all of your profile information.
We have set your Username as your email address. i.e. email@example.com You can keep the Username if you want to or change to whatever you want. Your temporary Password is your last name+1. (i.e. copper1) If you have a short name like Lee, you would add three 1s (i.e. lee111) The password needs to be at least six alpha/numerical characters long. If you have any trouble at all, we strongly urge you to let us know and we will help you out.
This website is still a work in progress. Yes, we still have some glitches we are working on. If you see a problem or something else let us know. Remember, this is YOUR website.
Your President Joe Dawson and the entire Executive Board hope that you enjoy and make use of your new website.
Administrators Joe Dawson, Gerry Drake and Don McCabe. Virgil Johnson, King Co. SO will shortly be an administrator as well.
“With the association’s website recently being brought online, we are sending this Hot Sheet via e-mail as well. If you didn’t get it via e-mail, we apparently don’t have a correct e-mail address for you. If that is the case, please provide to us your current e-mail address. Additionally, if you did receive it via e-mail, please let us know so that we can stop sending it to you in the mail and help control our paper & postage expenses.”
LEOFF I Pension Notice – 1/4/2010
By Dave Peery, Seattle Fire Local #27
LEOFF 1 Coalition Board members Bob Monize, Mark Curtis, Andy Wilson, Jerry Birt and Dave Peery traveled to Olympia on December 15th, 2009, a very rainy and windy day, to get a taste of what the coming legislative session may hold in store for our member’s pension benefits.
With the State budget rumored to be desperately short of funds for the coming biennium there was great concern about the safety of our pension benefits.
Four retired war-horses from a collection of Washington municipal police and fire departments, plus one active fire fighter (myself), met in the O’Brien building conference room. We were a bit edgy about the state of the economy and constant news reports of looming budget cuts across the state to try to stem the flood of red ink caused by the current national/worldwide recession.
And within those pale blue lines lay the future of LEOFF 1 benefits.
We spent an hour with a Legislative House staffer and when the hour was over we left, greatly assured that our system was about as well funded as possible in spite of the hits taken last year when the economy took a nose-dive due to the near collapse of Wall Street.
The chart that we were presented with showed the projected LEOFF 1 contribution rates that might be necessary to implement under three potential scenarios. Those potential contributions would be borne not by the few remaining active members, far too few in number to make a dent in possible pension shortfalls, but by either employing municipalities, the State of Washington, or a combination of contributions from those entities from available funding sources.
Excerpted from a report of over 100 pages, this single page was chosen by the staffer as a snapshot of the best estimates of our pension system’s future.
Washington State Laws plainly dictate that the State is the final guarantor of the LEOFF 1 pension system benefits. Should shortages occur, the State has the responsibility to provide the funds necessary to maintain our benefits as contractually guaranteed.
Fortunately for both our members and the State coffers, our system is nearly fully funded, leaving pension shortfalls not seriously likely.
The actuarial projections show three possible scenarios. Each was based upon current funding levels, assumptions of no more than 3% annual inflation rates, and State Investment Board rates of return on pension investments of 10% per year (optimistic), 8% (expected) or 5.5% (pessimistic). Obviously, each of those assumptions is based upon figures subject to future fluctuating market and economic condition and in the final analysis will likely vary a bit from year to year.
The legislative staffer explained the likelihood of the need for renewed contributions to the LEOFF 1 fund under each assumption and when we responded with concerns regarding the potential for the State to try to decrease benefit levels in some fashion he further assured us that the State well recognizes the status of the LEOFF 1 pension system as a defined benefit plan that is a legally binding agreement that has been upheld by the courts on repeated occasions.
With that overview and with the clear recognition by the courts that ours is a binding contractual obligation that the State must honor we must presume that that obligation will be met. We sincerely hope that the need for additional contributions is not required as we recognize the pain any additional required contributions would inflict upon the agencies required to make them.
Having reviewed the simple chart provided by the staff representative we better understand the current status of our pension system and the potentials for renewed contributions in case the investment returns on the State’s investment portfolio fail to meet expected returns in the future or if inflation assumptions prove to be greatly in error.
The legislative representative assured our board members that there was no longer any question about the legal obligation of the state to guarantee pension benefits as contractually agreed. Rather than dwell on potential worst-case scenarios we feel it would be more prudent to simply continue to monitor legislative activities relating to our pension system and report concerns to our members as needed.
With that as a backdrop, we believe that asking for additional benefits in our pensions would be both unwise and unrealistic. Absent a desperate need for pensions adjustments due to unforeseeable circumstances at this time we believe that our best course of action is to remain vigilant (as always) regarding legislative intent and action regarding pension law and continue to keep close contact with member organizations to ensure that our members benefits are appropriately provided.
In the meantime, we wish the best to all our brothers and sisters in labor and their pension concerns as well as the very legitimate concerns of the general public regarding our economic future.
| AROUND THE BEAT
By Gerry Drake
Ed Loomer: He worked as one of the King County resident Deputies in Skykomish. He was a Reserve Deputy but worked on-call. He is retired from the Railroad.
His wife, Marlene writes for him:
“I would like to thank Ken MacArthur, Don Schmidt, Bill Blond and numerous King County friends for bringing me a 32″ LCD HDTV. I was so surprised and lost for words. Mac, Don and Bill said they couldn’t watch the Super Bowl with me on the small TV in my room at the Grays Harbor Health & Rehab Center in Aberdeen, WA. Thanks again you guys. By the way, if you want to watch the Super Bowl, Don is selling tickets at the door for 50 cents a head. It is so wonderful they did this for Ed. He was really appreciative. Thanks again, Marlene”
Dick Rebman: King County SO. Dick passed away on January 11th at his home in Port Angeles after having been bedridden for several months by prostate cancer. He was first treated at the Seattle Cancer Care Alliance, then transferred to Port Angeles. He was the first member of the KCSO internal investigation unit when it was formed years ago under Sheriff Lawrence Waldt. Dick rose through the ranks at the department and at one point was selected to attend the FBI National Academy in Quantico, VA.
Greg Riehl: Pierce County SO writes that now that he retired for the second and final time, from his construction management job, he and Cheryl moved to their home in Deer Park, WA . He says retirement is proving to be well worth the wait and he should have stayed retired when he retired from PCSO. Now they can ride their Harley, spend more time fishing, and do whatever they want.
Steve Hypse: King County SO and his wife Cynthia have moved to New Braunfels, Texas and are involved in Scottish Clan Activities, Bag Piping, and travel.
Ron Kespohl: Walla Walla County SO writes to express appreciation for all the work the officers and helpers in the association do to keep us up to date and informed. You are certainly welcome Ron. I think it is 90% a Dawson effort, but I won’t get into which does more.
Bob Holt: Kent PD. Finally retired at the end of March. They live in Auburn and will now have more time for woodworking, sailing and traveling.. Sponsored by Johnnie Fletcher.
Jeff Sterba: Fife PD. Having retired in September ’08, he and Eileen now live in Saint George, UT enjoying the sun and the golf. She is still working, for the US District Court in Las Vegas. Bob McDermott sponsored them.
Gregg Knapp: King County SO writes to wish us all a Happy New Year with thanks for the work.
Ken MacArthur: King County SO enclosed a similar note. You guys are certainly welcome, though we sometimes are slow with the Hot Sheets and responses, we are grossly overpaid.
Robert J. Anderson: King County SO (better known to me as Bobby, but we grew up next door to one another. GFD) writes that he plays golf and travels year round and crews on an unlimited light hydroplane (UL-9) and they race all over the country. (his words)
Joe Buda: Centralia PD wishes a Happy 2010 to all and says he is still working for 2 more years at Maple Lane School (prison) before he can retire again and Helen is still at Lewis County SO in reception at the jail.
Clifton Cross: Island County SO reports he and Char have retired again in June ’09 and are fishing more in Alaska and Washington and enjoying their 6 grandkids.
Roger Clark: King County SO says he and Lori are continuing practicing their golf and traveling.
Dick Alberthal: King County SO reports from Vashon Island that he had a heart attack in September, but is doing fine now, still hunting and riding mules.
Carl Craine: King County SO states his level 4 cancer is stabilized for now and his treatment is continuing. We’re all praying and pulling for you Carl.
Bart Bush: Kitsap County SO says he and Marci are enjoying fishing, woodworking, spectator sports, grandchildren and family activities. Living in Oak Harbor.
Al Loudon: Issaquah PD says he and Penny are doing some M/C touring and snowbirding in Yuma.
Vic Shively: Auburn PD reports he is still teaching pool at the U of Texas, is president of their HOA and that Dawn is still working virtual for Boeing. They have started cruising more with Princess Line, having done the Panama Canal in October and looking at doing Hawaii in 2010..
Don Lutes: Kitsap County SO is still building furniture and fly fishing. He (and hopefully Cheryl too) spends a few weeks each summer trying to find the biggest trout in Montana, Idaho and Wyoming.
Bob Hutchinson: King County SO. writes from the PO Box he is hiding in that he enjoys and is amused by the Hot Sheet. Hope to keep you informed and amused… thanks..
Cherisse Luxa: King County SO passed away Dec 13 from stomach cancer. Cheri was active in politics in the Burien area after her retirement 1993. She was a feisty individual, very small. Her department was reluctant to assign her to patrol duties so she sued the Sheriff and won. Other deputies enjoyed working with her. She had many friends that will miss her dearly. She was 62 years of age.
|Around the Beat (Continued)
Jerry Harris: King County SO and his wife Janice list an address in Bothell, but don’t spend much time there, full-timing in the motorhome.
Richard Melin: Pierce County SO and wife Brenda in Ocean Shores celebrated their 50th wedding anniversary a week before Christmas. They have 5 kids, 11 grandkids and 5 great-grandkids and they wonder where the years went.
Jim Fuda: King County SO after 20+ years of single life finally got married to a Swiss girl he met while traveling. Pascale Fortmann, we hope you can tame Jimmy. He has himself worked into Microsoft as Global Event Security Director.
Jerry Burk: King County SO and his wife Sharon have discovered cruising. They try to take at least one a year. So far their favorites are the Panama Canal and the Mediterranean.
George Helland: King County SO and Mary Ann live in Ocean Shores and he splits his time deer hunting in ND, restoring classic aircraft, presently a ’63 Champion Lancer 402, and enjoying the life at Ocean Shores, complete with their 11 year old grand-daughter, Debrianna.
Don W. Wood: Walla Walla PD, and his wife Sylvia write ‘Antique Cars’ as their hobby.
Peter Anders: Richland PD and Sandi write that they enjoy fishing, woodworking, and family. Their grandson is in QATAR serving in the Air Force and is due home in February. They are looking forward to a 3rd tour of the USA visiting buddies from high school and the USAF.
Don Christianson: King County SO says he and Alice have a full RV hook-up and a couple of spare rooms so if you get anywhere near Selah, WA give ’em a call at (509) 697-6490 or shoot ’em an e-mail to firstname.lastname@example.org and plan a visit. They built a new house 2 years ago and try to do some traveling when they can as their health is still good. His American Legion activities keep him pretty busy in Selah, being Commander for 2 years.
Warren Roice: King County SO and Mary still live in Skyway, but should by now be in Lake Havasu, AZ with the rest of the group.
Dave Bejarano: Multnomah County SO writes his hobbies are fishing, fishing, fishing and good friends. Sounds like Linda probably made him put that last one in there.
Richard Kendall: Spokane County SO, says he spends a fair amount of time as a Boy Scout volunteer.
Ken Estes: Edmonds PD and Kathi are enjoying the good life in Montesano. After a couple of stents in his heart arteries he says he is pretty much back to normal. He keeps busy volunteering with the USS Ranger Foundation (to save the carrier as a museum) and with the local VFW Honor Squad doing volleys at veteran’s funerals.
Bill Weister: Grant County SO reports he and Charlotte enjoy fishing and golf…
David Robinson: Clallam County SO and Melinda are still doing some hiking into the back country, though not as much as before. Working with at-risk children and helping to transport people to medical appointments takes up most of the rest of their time.
Bill Dickinson: King County SO, Tigard OR PD apparently can’t figure out what retirement is. He is now working as an investigations supervisor for the WA State Dep. of Labor and Industries. I’m sure he makes it home once in a while to visit with Betty.
Lastly, we got a nice thank you note from the Lakewood Police Independent Charity Fund and the Families of our fallen officers. The $800 contribution that was authorized by the WSRDSPOA executive board will be added to the trust fund set up for the 9 children of the 4 slain Lakewood PD officers.
WELCOME NEW MEMBERS
Ronald John: Sedro Woolley PD. He and wife Dee retired in April ’03 and are enjoying golf, travel, fishing, camping and boating. They reside in Dayton Nevada… New member sponsored by Charles Heitman
Herman S. Koppisch: Tacoma PD. He and Julie retired 17 months ago after 23+ years with TPD and is working part time in civil investigations. His hobby is cigars, being the president of the first law enforcement cigar club in the NW. www.cigarhabanero1.blogspot.com is their website. Julie is a retired Air Force First Sergeant with 23 years and works now as a GS federal employee at McChord AFB. Photography takes up the rest of his time…
Craig Wolf: King County SO and his wife Karalee are new members, having retired on the first of October, 2009. They enjoy horseback riding and cruz’n in his 69 Corvette as well as hunting and long trips together from their house in Monroe. Dave Carpenter sponsored them.
Ron Seitz Spokane Co. SO and his wife Sabrina retired in 1990 and just joined us. They were sponsored by Don McCabe. Hunting, woodworking and building/construction take up most of their time.
YUMA PARTY CANCELLATION
Bob and Shirley Andrews regret to inform the membership that their party held in Yuma had to be cancelled this year. Their winter home has been burglarized and they have returned to Washington to secure the property and deal with the crime. You may have seen a news report on television about the incident that took place in the Lake Tapps area of Pierce County. One of the perpetrator attempted to run down a Deputy while escaping. The perp was shot to death by the Deputy.
|CORRECTION: I reported that someone named Gene Bells had lost his wife. Everything but the name of the member was correct. (Now you know why I needed someone to replace me as the Around the Beat editor.)
Gene Dawes lost his wife Patti. Patti had 22 years in law enforcement as a dispatcher for Dayton P.D. and San Juan Co. Our member Gene Dawes, Dayton P.D retiree lost his best friend. I am sorry about the mix-up Chief.
By Jerry Taylor
The Legislature is in session. Thus far we know of only two bills that impact LEOFF 1. While they provide significant improvements for a few they have no impact on the overall pension. Neither of these bills will affect many LEOFF 1 members.
Summary of Bill HB 2519
- Removes the 10-year service requirement in Law Enforcement Officers’ and Fire Fighters’ Retirement Plan 2 (LEOFF 2) and the Washington State Patrol Retirement System Plan 2 (WSPRS 2) for survivors of duty-related deaths to qualify for a survivor annuity.
- Removes the actuarial reduction for a joint and 100 percent survivor option applied to survivor annuities in LEOFF 2 and WSPRS 2 for survivors of duty-related death.
- Provides a minimum survivor annuity in LEOFF 2 and WSPRS 2 of 10 percent of final average salary for survivors of duty-related deaths.
- Increases the lump-sum, duty-related death benefit in all plans of LEOFF and WSPRS to $214,000 and annually increases the lump sum by up to 3 percent per year.
- Exempts LEOFF and WSPRS duty-related death survivors from general provisions that halt workers’ compensation pension benefits after remarriage.
- Requires (rather than permits as in current law) state higher education institutions to waive payment of all tuition, services, and activity fees for both the children and surviving spouses of any law enforcement officer, firefighter, or Washington State Patrol Officer that died or became totally disabled in the line of duty.
Sponsors: Representatives Green, Hope, Ericks, Maxwell, Sullivan, Upthegrove, Carlyle, Conway, Simpson, Van De Wege, Kenney, Morrell, Hurst, Campbell and Kelley; by request of LEOFF Plan 2 Retirement Board.Action to date in the 2010 REGULAR SESSION:
Jan 4 Prefiled for introduction.
- Jan 11 First reading, referred to Ways & Means. (View Original Bill)
- Jan 19 Public hearing and executive action taken in the House Committee on Ways & Means at 3:30 PM. (Committee Materials) WAYS – Executive action taken by committee. WAYS – Majority; do pass. (Majority Report)
- Jan 21 Passed to Rules Committee for second reading.
SB 6078 LEOFF I Amendment
Allows a spouse of a member who is killed in the line of duty, with more than 25 years of service credit to select a 50% disability pension or a service pension of 2% for each year of service credit. Example: 31 years of service credit equals a 62% pension.
From LEOFF1.NET Website