Bates v. City of Richland

112 Wash. App. 919
CourtCourt of Appeals of Washington
DecidedAugust 6, 2002
DocketNo. 20245-3-III
StatusPublished
Cited by20 cases

This text of 112 Wash. App. 919 (Bates v. City of Richland) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. City of Richland, 112 Wash. App. 919 (Wash. Ct. App. 2002).

Opinion

Kurtz, J.

Each of the appellants (Pensioners) retired from the Richland Police Department at the highest step for his respective position and participates in LEOFF (Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System) 1 pursuant to RCW 41.26.040(2). The Pensioners’ pension benefits are calculated under RCW 41-.20.050 or .060, which provides that each pensioner is entitled to a pension of “fifty percent of the amount of salary at any time hereafter attached to the position” held by the retired member for the year preceding the date of his retirement. Until 1999, the Pensioners’ pensions were calculated using Richland’s step and grade salary structure [923]*923that provided for advancement through steps within a given rank based on longevity and satisfactory performance of service. In 1999, Richland implemented a performance-based system, and began calculating the Pensioners’ pensions based on 50 percent of the midpoint of the salary range for each position rather than 50 percent of the highest step for each position.

The Pensioners filed this declaratory judgment action seeking a determination of their rights under the applicable statutes, and damages for breach of contract and breach of promise. The court granted summary judgment in favor of Richland. On appeal, the Pensioners contend: (1) the decision to calculate their pensions based on the midpoint of the new salary range impairs an existing contractual obligation in violation of article I, section 23 of the Washington Constitution; (2) Richland is obligated by statute, contract, and administrative practice to calculate their pensions based on the highest step for each position; (3) promissory estoppel prevents Richland from changing the method for calculating their pensions; and (4) the court erred by considering hearsay evidence when deciding the motion for summary judgment. Additionally, the Pensioners seek prejudgment interest or, alternatively, double damages for willful nonpayment of wages under RCW 49.52.070, and attorney fees under RCW 49.48.030 and RCW 49.52.070.

We conclude that Richland’s performance-based salary system does not maintain parity between the pensions of the Pensioners and the salaries of their currently-employed counterparts. For that reason, calculating the Pensioners’ pensions based on the midpoint of the performance-based salary system violates the Pensioners’ rights under RCW 41.20.050 and .060. We hold that the Pensioners are entitled to have their pensions calculated based on the salary for the highest step for their positions under Richland’s performance-based system. We deny the Pensioners’ request for prejudgment interest and conclude that an award of double damages or attorney fees under RCW 49.52.070 is not warranted. However, we grant the Pensioners’ request [924]*924for attorney fees under RCW 49.48.030 and award fees at the trial level and on appeal. We reverse and remand for the entry of a judgment in favor of the Pensioners. On remand, the superior court shall determine the amount of the Pensioners’ attorney fees.

FACTS

The Pensioners were each hired by the City of Richland as police officers before March 1, 1970, and later retired with varying periods of service. In 1959, Richland established the Richland Police Relief and Pension Plan (Richland Plan) for its officers pursuant to chapter 41.20 RCW. All of the Pensioners are retired participants in the Richland Plan. Each Pensioner retired at the highest step available for his position.

In 1969, the legislature combined all municipal police and fire fighter pension plans into a single statewide system. The legislature created the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System (LEOFF 1), which became effective on March 1, 1970. RCW 41.26.040(2). As police officers employed by Richland, all of the Pensioners became participants in LEOFF 1 because their participation was mandated by RCW 41.26.040(2). LEOFF 1 is administered by the Department of Retirement Systems (DRS).

The LEOFF 1 legislation did not terminate the Richland Plan. Under RCW 41.26.040(2), the Pensioners’ service continued to be credited under the Richland Plan and LEOFF 1 as benefits under both plans are coordinated. Specifically, RCW 41.26.040(2) provides that for purposes of computation of retirement benefits, pensioner’s “creditability of service and eligibility for service or disability retirement and survivor and all other benefits shall continue to be as provided in such prior retirement act, as if transfer of membership had not occurred.”

The Pensioners’ pension benefits are those specified in RCW 41.20.050 or .060, which provide that each pensioner [925]*925is entitled to a pension — based on service or disability — of “fifty percent of the amount of salary at any time hereafter attached to the position” held by the retired member for the year preceding the date of his retirement. (Emphasis added.) An additional two percent of the salary attached to the position at retirement must be paid to pensioners for each year of service over 25. RCW 41.20.050, .060.

When each Pensioner retired, his pension under LEOFF 1 was calculated and paid by the DRS. If the LEOFF 1 pension was less than the pension specified in RCW 41.20.050 or .060, the difference was to be paid by Richland under the Richland Plan. RCW 41.26.040(2). Hence, the combined pension payments must equal the amount specified in RCW 41.20.050 or .060.

Until 1999, Richland maintained a step and grade salary structure for managers in its police department. This salary structure provided for steps or increments in the salary for each rank. Advancement from one step to another within the same rank was based upon longevity of service and satisfactory performance of duties.

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112 Wash. App. 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-city-of-richland-washctapp-2002.