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Legal Opinion

Tucker v. Department of Retirement Systems

Court of Appeals of Washington

Decided May 24, 2005No. 31810-5-IIPublishedCited by 4 opinions

1Opinion of the Court

¶1 Kenneth Tucker claims that the Department of Retirement Systems (DRS) and the superior court erroneously denied his request to retroactively transfer his retirement benefits from the Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Plan 2 to LEOFF Plan 1. He argues that DRS erred in finding that in 1975: (1) he failed to satisfy the medical and health requirements of former chapter 41.26 RCW; and (2) he was not a fire fighter as defined under former RCW 41.26.030 (1974).1 We disagree and affirm.

Van Deren, J. —

FACTS

¶2 In 1975, the Pierce County Fire Marshal (Fire Marshal) hired 15 fire…

2Cases cited15 opinions

  1. Tapper v. Employment Security DepartmentWashington Supreme Court · 1993
  2. Port of Seattle v. Pollution Control Hearings BoardWashington Supreme Court · 2004
  3. PUBLIC UTILITY DIST. v. State, Dept. of EcologyWashington Supreme Court · 2002
  4. Public Utility District No. 1 v. Department of EcologyWashington Supreme Court · 2002
  5. Automobile Drivers & Demonstrators Union Local No. 882 v. Department of Retirement SystemsWashington Supreme Court · 1979

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3Cited by4 opinions

  1. Locke v. City of SeattleCourt of Appeals of Washington · 2006
  2. Frank Shaw v. Department Of Retirement Systems, State Of WashingtonCourt of Appeals of Washington · 2016
  3. Vorhies v. Department of Retirement SystemsCourt of Appeals of Washington · 2017
  4. Donald Sloma v. Dept. Of Retirement SystemsCourt of Appeals of Washington · 2020

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