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ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup - Washington Supreme Court

McAllister v. City of Bellevue Firemen's Pension Bd.

In calculating excess payments payments under LEOFF, you have to first assess the benefits that the firefighters would have been due under their pre-LEOFF plan. The city accidentally calculated those payments as to what they would be due under LEOFF, rather than what would have been due under their old plan. The difference lies in the fact that contributions were capped under the old plan at Battalion Chief, whereas LEOFF has no such contribution cap. This resulted in retirees above Battalion Chief getting excess money. The city noticed and recalculated, not asking for return of overpayments. The appeal by McCallister argued that the city was doing it right all along. Unfortunately for McCallister, the city was right to modify the way it does things:

To ensure that LEOFF remained consistent with Bakenhus, the legislature enacted RCW 41.26.040(2), which guarantees that "a fire fighter who retires under LEOFF will not suffer any diminution in the benefits that would have been available if LEOFF had not been enacted." . . .

RCW 41.26.040(2) provides:

Any employee serving as a law enforcement officer or firefighter on March 1, 1970, who is then making retirement contributions under any prior act shall have his membership transferred to the system established by this chapter as of such date. Upon retirement for service or for disability, or death, of any such employee, his retirement benefits earned under this chapter shall be computed and paid. In addition, his benefits under the prior retirement act to which he was making contributions at the time of this transfer shall be computed as if he had not transferred.

(emphasis added). Under the plain language, this means computer under the old system, subtract LEOFF payments, and the city is responsible for the difference.

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