AGO 1951-53 No. 17.
Case Date | April 13, 1951 |
Court | Washington |
Washington Attorney General Opinions
1951.
AGO 1951-53 No. 17.
April 13,
1951[Orig. Op. Page 1]PRIVATEEMPLOYEES
RETIREMENT --- SERVICE CREDIT AND RETIREMENT RIGHTS --- PARTICIPATION IN MORE
THAN ONE RETIREMENT SYSTEM BY CHANGE OF EMPLOYMENT.The law in question must be liberally construed toward the end that
service credit and retirement rights of officers and employees who change
employment from one public agency within the state to another and thereby
participate in more than one retirement system, shall be preserved and
accumulated.State Employees'
Retirement System215 East Fifth AvenueOlympia,
WashingtonCite as: AGO
1951-53 No. 17Attention: Mr. Samuel P. Totten, Executive Secretary
Gentlemen:
We have your letter of March 20, 1951, in which you ask us to
provide an opinion as to the intent and scope of the provisions of House Bill
427, (now chapter 98, Laws of 1951 -- effective June 7, 1951).
The conclusion reached may be summarized as follows:
The law in question must be liberally construed toward the end
that service credit and retirement rights of officers and employees who change
employment from one public agency within the state to another and thereby
participate in more than one retirement system, shall be preserved and
accumulated.
ANALYSIS
Chapter 98, Laws of 1951, enacted into law by the signature of
the Governor, will become operative in June, 1951. This legislation establishes
a general policy to be followed by all retirement systems covering public
employees within the State of Washington.
[Orig. Op. Page 2]
In approaching this problem we must of necessity give full effect
to the legislative intent as embodied in the statutes in question. In our
search for this intent, the first section of the law must serve as our guide.
In this section we find a direct statement to the effect that
"It is the intent of this act to allow the preservation,
accumulation and retention of service credits towards eventual retirement by
officers and employees who by reason of employment by more than one public
agency in the state may participate in one or more retirement or pension
systems."
This seems a very clear statement to the effect that the
paramount and controlling purpose must be benefit to the employee. The
sovereignty of each of the retirement systems involved is maintained by the
second sentence of the section in question...
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