Newschwander v. BOARD OF TRUSTEES OF TEACHERS'RETIREMENT SYSTEM

620 P.2d 88, 94 Wash. 2d 701
CourtWashington Supreme Court
DecidedNovember 26, 1980
Docket46695
StatusPublished

This text of 620 P.2d 88 (Newschwander v. BOARD OF TRUSTEES OF TEACHERS'RETIREMENT SYSTEM) 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
Newschwander v. BOARD OF TRUSTEES OF TEACHERS'RETIREMENT SYSTEM, 620 P.2d 88, 94 Wash. 2d 701 (Wash. 1980).

Opinion

94 Wn.2d 701 (1980)
620 P.2d 88

WILFRID W. NEWSCHWANDER, Appellant,
v.
BOARD OF TRUSTEES OF THE WASHINGTON STATE TEACHERS' RETIREMENT SYSTEM, Respondent.

No. 46695.

The Supreme Court of Washington, En Banc.

November 26, 1980.

Watson, Grosse & Kelly, by C. Kenneth Grosse and Ronald E. Farley, for appellant.

Slade Gorton, Attorney General, and Tim Malone and Matthew J. Coyle, Assistants, for respondent.

STAFFORD, J.

Appellant Wilfrid Newschwander represents a class of litigants who were members of the Washington State Teachers' Retirement System (WSTRS) prior to 1957. All were employed at Central, Eastern, or Western Washington State College (now universities). In 1957, all members of the class transferred membership from WSTRS to the Teachers' Insurance and Annuity Association (TIAA), leaving their accumulated contributions in WSTRS. No member of the class has contributed to WSTRS since 1957.

In 1976, appellants petitioned the WSTRS Board of Trustees for a declaratory ruling, pursuant to RCW 34.04.080, concerning computation of WSTRS retirement benefits to be received by the class members. They asserted the statutory phrase "two highest compensated consecutive *703 years of service", as used in RCW 41.32.497, includes the time during which a member was employed for compensation by an "employer", as defined in RCW 41.32.010(12), regardless of whether the class member was contributing to WSTRS during those 2 years.

The Board rejected the contention and the class appealed. The Superior Court affirmed the Board and we, in turn, affirm the trial court.

The facts reveal that prior to 1957, most faculty members of the three state colleges were members of WSTRS. The college administrations determined their faculty hiring programs would be improved by switching from WSTRS to a nationwide retirement program, TIAA. In 1957, the Legislature enacted chapter 76 authorizing the state colleges to adopt their own retirement programs. Laws of 1957, ch. 76, § 4. Chapter 76, section 4 also provided that WSTRS members who were designated to change to a new system would retain credit for their service in WSTRS, would leave their accumulated contributions in the WSTRS retirement fund, and upon attaining eligibility for retirement under WSTRS would receive a retirement allowance from WSTRS. The retirement allowance would consist of an annuity which was to be the actuarial equivalent of the recipient's accumulated contributions at his or her age when becoming eligible for retirement and a pension of $4 per month for each year of creditable service established and retained at the time of designation. The retirement allowance set forth in section 4 was identical to that being paid to retiring members of WSTRS in 1957. See Laws of 1955, ch. 274, § 21.

All three colleges, acting pursuant to the foregoing authorization, adopted TIAA. The members of appellant's class are those who changed from WSTRS to TIAA and were so designated by the college trustees. All members of the class left their accumulated contributions in WSTRS pursuant to Laws of 1957, ch. 76, § 4.

In 1963, the Legislature increased the pension portion of the retirement allowance for all persons who continued to *704 contribute to WSTRS. Laws of 1963, 1st Ex. Sess., ch. 14, § 16. The retirement allowance for those who had switched to TIAA in 1957 continued to be controlled by Laws of 1957, ch. 76, § 4, however.

In 1969, the Legislature incorporated much of Laws of 1957, ch. 76, including an amended section 4, into the new higher education code, RCW Title 28B. The present version of section 4, now RCW 28B.10.417, was adopted in 1971. It provided, and insofar as relevant still provides, a WSTRS retirement allowance for members of the class

consisting of an annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age when becoming eligible for such retirement and a pension for each year of creditable service established and retained at the time of said designation as provided in RCW 41.32.497 as now or hereafter amended.

From the foregoing it is clear the computation of WSTRS pension benefits for the class is regulated in part by RCW 41.32.497 which currently provides in relevant part:

Any person who became a member on or before April 25, 1973 and who qualifies for a retirement allowance shall, at time of retirement, make an irrevocable election to receive either the retirement allowance by RCW 41.32.498 as now or hereafter amended or to receive a retirement allowance pursuant to this section consisting of: (1) An annuity which shall be the actuarial equivalent of his accumulated contributions at his age of retirement, (2) A basic service pension of one hundred dollars per annum, and (3) A service pension which shall be equal to one one-hundredth of his average earnable compensation for his two highest compensated consecutive years of service times the total years of creditable service established with the retirement system: .. .

(Italics ours.) RCW 41.32.010 provides definitions to be used with the chapter unless the context plainly requires a different meaning. The following definitions are important to an understanding of RCW 41.32.497.

*705 RCW 41.32.010:

(8) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to persons who establish membership in the retirement system on or before September 30, 1977.
...
(11)(a) "Earnable compensation" for persons who establish membership in the retirement system on or before September 30, 1977, means all salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year....
...
(12) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.
...
(27) "Retirement system" means the Washington state teachers' retirement system.
(28)(a) "Service" means the time during which a member has been employed by an employer for compensation ...

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Bluebook (online)
620 P.2d 88, 94 Wash. 2d 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newschwander-v-board-of-trustees-of-teachersretirement-system-wash-1980.