This section outlines current rules for membership in LEOFF Plan 1 and Plan 2. If you have questions about these rules, please call LEOFF Retirement Services.
All persons who meet the definition of "law enforcement officer" under RCW 41.26.030(3)are mandated into LEOFF membership (except for persons initially hired on or after August 1, 1971, and before July 1, 1979, who did not meet the minimum medical and health standards). Generally, "law enforcement officer" means any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington. Whether a person qualifies as a law enforcement officer depends upon who the employer is and the nature of the position. This section contains the information you need to determine, in most cases, whether a person qualifies as a law enforcement officer under LEOFF.
In order to qualify as a law enforcement officer, the person must first be employed by a LEOFF employer. The definition of "employer" for LEOFF varies between Plan 1 and Plan 2.
Plan 1 "Employer" for Plan 1 members includes any city, town, county, district or municipal corporation that employs any law enforcement officer. [RCW 41.26.030(2)(a)]
Plan 2 "Employer" for Plan 2 members includes any city, town, county, district or municipal corporation or any other general authority law enforcement agency. [RCW 41.26.030(2)(b)]
"General law enforcement agency" does not include the state Departments of Natural Resources, Corrections, etc. They are considered "limited law enforcement agencies," because their jurisdiction is limited to particular subject areas rather than general enforcement of criminal laws. [RCW 41.26.030(32)]
In order to qualify as a law enforcement officer, an employee of a LEOFF employer must be fully commissioned, full time and fully compensated.
If you are unsure whether a person's commission is full or limited, contact LEOFF Retirement Services.
Note: An employee does not have to work 160 hours during a given month to be considered full time during that month, provided that the person is regularly scheduled to work 160 hours each month. [WAC 415-104-011]
The following positions qualify as law enforcement officers if the person in the position is employed by a LEOFF employer, fully commissioned, full time and fully compensated:
—"Director of public safety" means a person who is employed on a commissioned full time, fully compensated basis to administer the programs and personnel of a public safety department. [WAC 415-104-011]
—"Public safety officer" means a person who is employed on a commissioned full time, fully compensated basis by a city or town to perform both law enforcement and fire fighter duties. [WAC 415-104-011]
Unclassified positions authorized by RCW 41.14.070. These positions are:
A person in one of the positions listed in this section is a law enforcement officer regardless of rank or status as a probationary or permanent employee.
All persons who meet the definition of "fire fighter" under RCW 41.26.030(4) are mandated into LEOFF membership (except for persons initially hired on or after August 1, 1971, and before July 1, 1979, who did not meet the minimum medical and health standards). Generally, fire fighter means any person who is serving on a full-time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for fire fighter. Supervisory fire fighter personnel qualify as fire fighters. Whether a person qualifies as a fire fighter depends upon who the employer is and the nature of the position. This section contains, in most cases, the information you need to determine whether a person qualifies as a fire fighter under LEOFF.
In order to qualify as a fire fighter the person must be employed by the fire department of a LEOFF employer. The definition of "employer" for LEOFF varies between Plan 1 and Plan 2.
Plan 1 "Employer" for Plan 1 members includes any city, town, county, district or municipal corporation that employs any fire fighter. [RCW 41.26.030(2)(a)]
Plan 2 "Employer" for Plan 2 members includes any city, town, county, district, municipal corporation or Washington State University. (A four-year institution of higher education that has a fully operational fire department as of January 1, 1996.) [RCW 41.26.030(2)(b)]
In order to qualify as a fire fighter, an employee of a LEOFF employer must be full-time and fully compensated as a uniformed fire fighter.
Note: An employee does not have to work 160 hours during a month to be considered full-time during that month, provided that the person is regularly scheduled to work 160 hours each month. [WAC 415-104-011]
Whether a person qualifies as a fire fighter is primarily a function of the person's duties. The following information will help you analyze whether the person's duties qualify him or her as a fire fighter.
—"Uniformed fire fighter position" means a position which may only be filled by uniformed personnel as that term is defined in RCW 41.56.030(7)(e) as in effect on July 1, 1995. A position only qualifies as a uniformed fire fighter if the employer has identified it as such for all purposes. An employer may designate a position as uniformed regardless of whether the employer is covered by public employees' collective bargaining under chapter 41.56.RCW. [WAC 415-04-025]
—"Fire protection activities" may include incidental functions such as housekeeping, equipment maintenance, grounds maintenance, fire safety inspections, lecturing, performing community fire drills and inspecting homes and schools for fire hazards. These activities qualify as fire protection activities only if the primary duty of the position is preventing, controlling or extinguishing fires. [WAC 415-104-225(2)(a)]
Example: A person employed by a fire district as a diesel mechanic, who has no authority or responsibility to fight fires, could not qualify as a fire fighter.
Note: A person may still qualify as a fire fighter if the fire department does not require passing a civil service exam for a fire fighting position.
A LEOFF member hired as a law enforcement officer or fire fighter on a full time, fully compensated basis may be required to meet minimum medical and health standards in order to regain membership in LEOFF Plan 1.
The employee is required to meet the minimum medical and health standards if he or she:
If you hire a Plan 1 member who is required to pass the minimum medical and health standards, begin reporting the employee in Plan 1 on the monthly transmittal from the first day of employment. The enrollment in Plan 1 is provisional and depends upon the results of the medical examination.
You are responsible for having the employee examined by the physician or surgeon appointed by the local disability board and for covering the cost of this examination. If the employee has met the standards, send a copy of the examination report to LEOFF Retirement Services with a letter of certification. DRS will review the examination report and notify you if further action is needed.
If you have questions about the minimum medical and health standards, or whether an employee needs to meet these standards, contact LEOFF Retirement Services.
An employee serving as a fire fighter or law enforcement officer on a less than full time and fully compensated basis is not permitted to enter LEOFF membership. The individual may be eligible for membership in PERS, provided the employer participates in PERS and the individual is employed in an eligible PERS position. (See "PERS Membership" in this chapter for details.)
A LEOFF retiree who returns to full time, fully compensated employment as a law enforcement officer or fire fighter is required to return to LEOFF membership. When membership begins, the retiree's benefits are suspended. The retirement benefit will be recalculated when employment ends and the individual retires again.
A LEOFF Plan 1 retiree who returns to less than full time, fully compensated employment as a law enforcement officer or firefighter is not required to return to membership. He or she may continue to collect a retirement benefit while working. (See "Employing Retirees" in Chapter 5 for details.)
Effective July 24, 2005, LEOFF Plan 2 retirees who are currently employed or who return to work in a non-LEOFF covered eligible position have the option to become a member and suspend their pension benefits, or to not make retirement contributions and continue receiving LEOFF pension benefits without interruption. Refer to LEOFF Plan 2 Retirees for additional information.