King County Employees' Ass'n v. State Employees' Retirement Board

336 P.2d 387, 54 Wash. 2d 1, 1959 Wash. LEXIS 355
CourtWashington Supreme Court
DecidedFebruary 27, 1959
Docket34084
StatusPublished
Cited by16 cases

This text of 336 P.2d 387 (King County Employees' Ass'n v. State Employees' Retirement Board) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King County Employees' Ass'n v. State Employees' Retirement Board, 336 P.2d 387, 54 Wash. 2d 1, 1959 Wash. LEXIS 355 (Wash. 1959).

Opinions

Finley, J.

The State Employees’ Retirement System was created by Laws of 1947, chapter 274, p. 1168. It is a retirement system for the benefit of the employees of the state and its political subdivisions. King county qualified as an employer under the act, and its employees have become members of the State Employees’ Retirement System.

The act provided for various benefits to which an employee may be entitled on his retirement from service, whether his retirement be optional, compulsory, or the result of a disability. These benefits consist of (1) an annuity; (2) a basic service pension; (3) a membership service pension; (4) a prior service pension.

For effective administrative purposes, the act created a retirement board, which consists of four state officers and three state employees. To this board is committed the administration and management of the retirement system.

In the present appeal we are concerned only with that portion of the act which relates to annuity benefits to be paid to members of the retirement system.

A member is required to make monthly contributions to establish annuity benefits which become payable upon his or her qualification for retirement. Pursuant to the authority vested in it, the original board (in 1947) adopted the 1937 standard annuity table for male lives as the initial basis for determination of the annuity benefits to be paid to its members upon retirement; the board decided that the same table would be used for computation of annuity benefits to both male and female employees.

In 1953, the board adopted a miscellaneous order,2 which [4]*4announced that, thereafter, any female employee, upon her retirement, would have her annuity benefits computed on the basis of the 1937 standard annuity table for female lives. The order had no retroactive effect on female employees who had previously retired.

The 1937 standard annuity tables are based on the normal life expectancy of men and women at any given age. Since the standard tables reflect a longer life expectancy for women than for men, the use of the 1937 standard annuity table for female lives in computing the monthly annuity will result in a decrease in specific monthly annuity payments to female employees upon retirement. (However, the smaller monthly payments will, on the average, be received for a longer period of time than in the case of retired male employees. The net result is that, on the average, male and female employees will receive the same over-all total in annuities.)

The employees herein, feeling aggrieved by the order, requested a hearing before the retirement board. The request was granted, and the hearing held. Following the hearing, the board determined that the order was valid as applied to all female members of the system who had not retired prior to its effective date. An appeal was taken to the superior court for Thurston county, as provided by RCW 41.40.420. The superior court entered findings of fact, conclusions of law, and a judgment setting aside the board’s order as it would apply to all female members of the retirement system who had joined prior to its effective date. The retirement board has appealed.

[5]*5Appellant’s first assignment of error involves a question as to the jurisdiction of the superior court. In oral argument upon rehearing, En Banc, however, appellant’s counsel remarked that the question of the power of the board to adopt new annuity tables from time to time was one of serious public interest, and he requested the court to treat this as an application for declaratory judgment if necessary in order to determine that point. We will assume that appellant has abandoned its first assignment of error.

Appellant’s second assignment of error raises the question of the superior court’s fact finding power. Appellant asserts that, under the statute (RCW 41.40.420), the superior court is an appellate court — not a trier of the facts; and that it has no power to enter any findings of fact other than those of the board. This raises an important procedural point which must be disposed of before we proceed further.

The procedure for challenging an order of the retirement board is entirely statutory. RCW 41.40.420 (as amended 1953)3 sets out the procedure for appeal after a hearing before the board. Since the question raised is one of first impression regarding interpretation of the retirement act, we [6]*6have no decisions to serve as guides in ascertaining the extent of the power of the court in reviewing the findings of fact made by the retirement board. We must bear in mind that the legislative intent is the controlling factor. The statute expressly provides that, upon appeal, “only such issues of law may be raised as were raised before the board.” (Italics ours.) In In re St. Paul & Tacoma Lbr. Co. (1941), 7 Wn. (2d) 580, 110 P. (2d) 877, this court considered the meaning of identical language found in the unemployment compensation act. The court said:

“The legislature, in passing this act, was conscious of the provisions of the workmen’s compensation act, which reads:
“ ‘. . . but upon such appeal may raise only such issues of law or fact as were properly included in his application for rehearing, or in the complete record in the department.’ Rem. Rev. Stat., § 7697 [P. C. § 3488].
and of our decisions interpreting that section. In drafting the act under consideration, it evidently patterned the appeal provisions from that of the workmen’s compensation act and with the evident intent of limiting the power of the court in reviewing questions of fact under the new act, because it left out the words ‘or fact’ which are contained in the old act.
“Looking to the quoted portion of the act in question relative to appeals taken to the superior court, and having in mind our former decisions relative to statutes of this nature, we are constrained to hold that the administrative determination of the facts is conclusive on the court unless it be wholly without evidential support or wholly dependent upon a question of law, or clearly arbitrary or capricious. It seems certain that the court which tries the case sits as a court of equity with limited powers. The court shall review the issues of law which have been previously raised. The court shall review the power of the commissioner to act. The court shall review the facts only in so far as it is necessary to determine whether the commissioner has acted arbitrarily or capriciously, and whether he applied properly the law to those facts.”

See, also, In re Poison Lbr. & Shingle Mills (1943), 19 Wn. (2d) 467, 143 P. (2d) 316.

In drafting the retirement act, the legislature may have patterned the appeal provisions thereof after those of the [7]*7unemployment compensation act, because the crucial words, or fact, contained in the workmen’s compensation act, were not included in the retirement act.

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King County Employees' Ass'n v. State Employees' Retirement Board
336 P.2d 387 (Washington Supreme Court, 1959)

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Bluebook (online)
336 P.2d 387, 54 Wash. 2d 1, 1959 Wash. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-county-employees-assn-v-state-employees-retirement-board-wash-1959.