Legal Opinion · Dissent

Anthis v. Copland

Washington Supreme Court

Decided February 16, 2012No. 85230-8Published

1DissentStephens, J.

¶ 24 (dissenting) — This case concerns RCW 41.26.053, the antigarnishment provision of the Washington Law Enforcement Officers’ and Firefighters’ Retirement System Act (LEOFF or Act). The question presented is whether LEOFF benefits lose their exempt status under RCW 41.26.053 upon being deposited into the beneficiary’s personal bank account. The majority holds the exempt status evaporates the moment the benefit is paid to the beneficiary. This holding frustrates the entire purpose and policy of the Act. The Act is designed to safeguard a degree of economic security for the pensioner and…

2Cases cited44 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  4. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  5. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973

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