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DRS Notice 26-012, Clarification regarding LEOFF Membership for Less Than Full-Time Law Enforcement Officers

Posted on September 18, 2026

Applies to: LEOFF Employers Who Employ Law Enforcement Officers
Subject: DRS Notice 26-012, Clarification regarding LEOFF Membership for Less Than Full-Time Law Enforcement Officers

Beginning July 1, 2024, law enforcement officers who are commissioned, fully compensated, and work less than full-time are included in Law Enforcement Officers’ and Fire Fighters’ Retirement System (LEOFF) membership per ESSB 5424.

WAC 415-104-011, Definitions are being amended to reflect this change. In the interim, DRS is issuing this notice to clarify the LEOFF eligibility rules that may impact current and future employees of your organization.

  • Commissioned means the officer is commissioned and employed by the employer to enforce the criminal laws of the state of Washington generally, as provided in RCW 41.26.030 (19).  This is separate from the hours worked in performing these duties.
  • An officer is a fully compensated employee if they earn a basic salary at a rate of pay comparable to what full-time employees are paid. The hourly wage earned by less than full-time officers must fall within the standard hourly wage scale for full-time officers of similar rank and experience, based on a 160-hour month. 
  • Part-time officers do not have to be in a bargaining unit, but if they are, they must be in the same collective bargaining unit as full-time officers to be eligible for LEOFF.

Example:

Alex is a law enforcement officer for the City of Yakima. The City has a flexible work policy for law enforcement officers and Alex is participating in less than full-time employment. Alex earns a wage of $52 per hour as a patrol officer. Full-time patrol officers for the City earn between $7,200 and $9,600 monthly, or $45 and $60 hourly when divided by 160 hours. Alex is mandated into LEOFF Plan 2 as a less than full-time officer because his hourly rate is comparable to full-time police officers. 

If you have questions about this notice, please contact Employer Support Services at 360-664-7200, option 2, or 800-547-6657, option 6, option 2.

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