Boyles v. Department of Retirement Systems

(concurring in part, dissenting in part) — I agree with the majority's conclusion that an elected official *509should not lose the right to revert to a prior civil service position for purposes of obtaining disability benefits even when he occupied a noncivil service position immediately before taking elective office. I disagree, however, with the majority's award of attorneys' fees against the Department of Retirement Systems as a sanction for bringing a frivolous appeal. Our decision in the first appeal of this case, Boyles v. Washington Law Enforcement Officers' & Fire Fighters' Retirement…