It’s been several months since my last update so I thought I better get something out to you. I am also enclosing a copy of an article that I posted on LEOFF1.net to let retirees know what WACOPS Retired is about.

The LEOFF1 Medical Study Committee has been meeting monthly throughout the summer to get the fact book put together. This week we met to review the draft copy and to provide Sandy Matheson,Director DRS,any changes that needed to be made. She will be finalizing the report in the coming weeks and we will have a conference call to approve it. A copy of the report will be sent to each member of the Select Committee On Pension Policy as well as being posted on the DRS website. This is a public document and anyone will be able to get a copy. Phase 1 of the committee discussion centered on establishing the facts regarding LEOFF 1. We were able to determine what taxing authority the employers have available to them,a break down of al active/retired LEOFF1 members and who their employer is/was,what the LEOFF1 law is and what parts are contractual. Phase 2 will be to look at remedies to assist the employers to fund our medical benefits. Everything will be on the table at that time. The importance of this committee’s report will hopefully put to rest the misinformation provided to Legislators by various individuals and/or groups. Currently with the stock market meltdown the pension surplus is dismal at best. We have been assured by the employer reps that nothing will be proposed this coming session having to do with LEOFF1.

In Snohomish County the City of Edmonds is currently exploring the formulation of a Regional Fire Protection District which will combine unknown number of city fire departments with the current fire district. This will require a voter approval since it will give the District taxing authority. The City calculates it will save them $4m per year. There may be other cities in the state contemplating the same idea so we need to keep watch. This will only affect fire departments but the greater impact will be on LEOFF1 Disability Boards. If Fire District #1 becomes part of this new regional district then the question arises as to what disability board will control since there will no longer be an Edmonds Board or a Fire District. Who will govern since the city/cities and the current fire district will merge thus eliminating individual boards. What will the benefits look like since all boards do not provide the same level of benefits. RCW 41.26 also does not provide for a Regional Fire District. If anyone hears of this discussion in their area I would like to know so that we can keep an eye on it.

LEOFF1 lawsuits:

Joe Fischnaller has three actions currently going. He has filed a lawsuit against the City of Moses Lake and the Port of Moses Lake for refusing to pay for benefits provided to LEOFF1 members by the Grant Co. Disability Board. The Board had provided dental benefits and both employers refused to pay the bills. This is what happened in Snohomish County and as you recall we won the argument in the Appellate Court. I guess some employers haven’t figured it out yet that the Boards have the power to enact benefits that are medical necessity. As of Monday Oct.20 the Port has agreed to opt out and pay the benefits as well as statutory attorneys fees and costs. Joe advises that it expected that the City will follow suit asap. Joe was actually hoping to get a review in the SpokaneAppellate Court thus negating any further review by the Supreme Court. But a win is a win and it’s time Moses Lake wakes up.

The third is with the City of Mountlake Terrace. The City currently contracts with Fire District #1 for fire services. MTLT. Had Lts. Position and District # has no Lts. And only has Capts. The problem is the retired Lts. And what their retirement pay will be bases on. Joe has had discussion with the city attorney and is optimistic this will get worked out soon. Otherwise off to court they will go.

457 Plans

Ben Bengen,Bellingham PD Retired raised an interesting question regarding 457 plans. First for those who don’t know what a 457 plan is it’s like a 401k where the employer puts in an amount and the employee puts in their share. This is done primarily in those cities that do not belong to Social Security. Since the retiree’s pension is based on the base pay for the active in the same position will the retiree get a raise also. I contacted Steve Nelson,Director of the LEOFF11 Pension Board for help. The LEOFF11 Board will be discussing at their December meeting a bill that would make the employer contribution plan part of base wage thus increasing the LEOFF11 member’s retirement check. If that becomes part of base wage it seems to me that would also boost the retired LEOFF1 members check. The bill will most probably be run in the 2010 session. I will keep you posted.

Well that’s about all that’s going on for now. If anyone has an issue please contact me and I will track down the answer. My email is listed on the WACOPS.org website under Who We Are and go to Exec. Board. I have also provided to your local retiree association rep the user name and password to access the WACOPS secure site.

Sincerely,

Ken Crowder

WACOPS Board Pos.#8