Weaver v. Evans

495 P.2d 639, 80 Wash. 2d 461, 1972 Wash. LEXIS 600
CourtWashington Supreme Court
DecidedApril 6, 1972
Docket41851
StatusPublished
Cited by25 cases

This text of 495 P.2d 639 (Weaver v. Evans) 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
Weaver v. Evans, 495 P.2d 639, 80 Wash. 2d 461, 1972 Wash. LEXIS 600 (Wash. 1972).

Opinions

Hamilton, C.J.

This cause comes to this court by way of an original petition for a writ of mandamus. Petitioners, by their application, would require the Governor of the State of Washington, the Honorable Daniel J. Evans; the State Treasurer, the Honorable Robert S. O’Brien; and the Director of Program Planning and Fiscal Management, Mr. Walter C. Howe, Jr., to allot and transfer to the Washington State Teachers’ Retirement System (hereafter referred [462]*462to as the retirement system) certain general fund moneys appropriated to that system by Laws of 1969, Ex. Ses., ch. 282, p. 2708. The transfer of funds, restoration of which is sought, was withheld by order of the Governor, acting pursuant to RCW 43.88.110, on the grounds that available state revenues were insufficient to meet projected expenditures under general fund appropriations for the 1969-71 biennium. In addition, petitioners requested that the board of trustees of the retirement system be directed to restore to the system’s Retirement Pension Reserve Fund (hereafter referred to as the pension reserve fund) any moneys transferred from that fund in order to meet any current pension payments following the Governor’s order and prior to the issuance of any writ.

Respondents answered the petition, an agreed statement of facts was promulgated, extensive briefs were submitted, and oral arguments were presented to the court sitting en banc. Subsequent to oral argument and following careful and extensive conference consideration, a majority of the members of the court deemed that issues involved in this matter were of broad and urgent public import, in that a resolution thereof could affect the legislative budgetary planning process, and that the public interest would best be served by expeditiously disposing of the pertinent issues pending deliverance of a written opinion. A writ of mandamus was thereafter issued granting the relief sought by petitioners as outlined above, with an opinion expressing the reasons for the court’s action to follow.

The agreed facts giving rise to this litigation may be summarized in the following manner:

Petitioner Mae Weaver is a retired teacher, a member of the retirement system, is qualified to receive and does receive pension benefits from that system, and brings this action on behalf of herself and all persons similarly situated. Petitioner Edgar H. Osborn is a certified and employed teacher, a member of the retirement system with a vested right to receive pension benefits thereunder at such time as he may properly qualify therefor, and joins in this [463]*463action on behalf of himself and all teaching members of the system. Petitioner Washington Education Association, a nonprofit corporation, is a statewide organization having members who are certified employees of various school districts most of whom are members of the retirement system, and the association participates in this action on behalf of such members.

Respondents, other than Governor Evans, Treasurer O’Brien, and Director Howe, are the duly appointed and acting members of the board of trustees of the retirement system and as such are trustees of the various funds established thereunder.

The legislature, by Laws of 1969, Ex. Ses., ch. 282, p. 2708, appropriated $62,069,296 to the retirement system for the biennium ending June 30, 1971. Pursuant to RCW 41.32.401 the transfer of funds under this appropriation from the state general fund to the retirement system was to be on a quarterly basis at the direction of and at a rate determined by the system’s board of trustees. The quarterly transfers were to be computed upon the basis of the members’ total earnable compensation received during the quarter, as reflected by the members’ total quarterly contributions. The statute further provides that the amounts so transferred be distributed first to the teachers’ retirement fund for the payment of current pensions, survivors’ benefits, and the state’s share of the operating expenses for the system, with the balance to be credited to the pension reserve fund. By December, 1970, $41,757,103 had been so allocated or transferred from the general fund.

In a letter dated December 24, 1970, the Governor advised the retirement system’s board of trustees that in order to prevent state expenditures exceeding available revenues, he deemed it necessary to revise 'allotments from the general fund, and that for the remainder of the 1969-71 biennium transfers from the general fund to the retirement system would be curtailed in the amount of $20,312,193, the balance remaining of the 1969 legislative appropriation. Subsequently, on December 29, 1970, the Governor modi[464]*464fied his decision by allotting $2,230,000 of the appropriation to permit the system to meet current obligations through January, 1971. The net result of the Governor’s action, therefore, was to curtail the transfer of $18,082,193 of the initial appropriation from the general fund to the retirement system.

Upon being advised of the Governor’s action, the board of trustees ascertained that for the remainder of the biennium, i.e., between January 31, 1971, and June 30, 1971, $9,865,300 in pension benefits would become due and payable, while there was then only $37,224 remaining in the pension fund, the fund from which all pension benefits are disbursed. Consequently, the effect of the Governor’s action was twofold: First, in order to meet current and ongoing pension obligations of the retirement system, the board of trustees would need to withdraw funds from the pension reserve fund; and, second, no additional moneys would be placed in the pension reserve fund for the remainder of the biennium.

Believing that they did not have 'authority to withdraw moneys from the pension reserve fund, the board of trustees sought an opinion on that question from the Attorney General’s office. Upon being advised by the Attorney General that the board of trustees had implied authority to transfer funds from the pension reserve fund for the purpose of paying current pensions when appropriations or allotments were insufficient, the board adopted a resolution, under protest, directing a transfer of funds from the pension reserve fund to the pension fund sufficient in amount to pay pension obligations for the ensuing quarter.

This action then followed, resulting, as heretofore indicated, in the issuance of a writ of mandamus directing allotment of the $18,082,193 of the original appropriation to the retirement system, and restoration to the pension reserve fund of those moneys transferred therefrom pursuant to the action of the board of trustees.

At this point, a brief history of the retirement system and the evolution of the funding involved would appear to [465]*465be helpful in reaching a disposition of the issues involved.

The Laws of 1917, ch. 163, p. 744, was the first legislative enactment in this state to deal with teachers’ retirement. It provided for the establishment and regulation of retirement funds in first-class school districts, created at the option of the board of directors and a majority of the teachers, and funded through teacher contributions, together with the interest derived from the investment thereof. Retirement benefits were in the form of an annuity. Pension benefits supported by employer contributions were not contemplated.

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Bluebook (online)
495 P.2d 639, 80 Wash. 2d 461, 1972 Wash. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-evans-wash-1972.