DocketNumber: No. 92671-9
Citation Numbers: 186 Wash. 2d 393
Judges: Fairhurst, González, Johnson, Madsen, McCloud, Owens, Stephens, Wiggins
Filed Date: 8/18/2016
Status: Precedential
Modified Date: 8/12/2021
¶1 Employees retiring from the Washington State Patrol are eligible to receive a pension calculated based on years of service and average final salary. For many years, the only pension benefit option available included a survivor benefit for a spouse who outlived the retiree that was usually equal to 50 percent of the retiree’s monthly benefit. In 2000, the Department of Retirement Systems (DRS) created a new option under which the retiree could opt for a pension that would allow a surviving spouse to continue to receive monthly pension benefits at the same amount after the retiree’s death. To make this pension actuarially equivalent in value to the previous pension, the DRS provided for a greater reduction in the retiree’s monthly benefits. In 2010, the DRS adopted rules that modified the degree of the actuarial reduction. Appellant Tim Lenander challenges the changes to the reduction, arguing that it violates the statutory scheme and impairs
¶2 We reject Lenander’s arguments. The plain language of the Washington State Patrol Retirement System (WSPRS) “Plan 1” survivor benefit statute, read in the context of its overall statutory scheme, grants authority to the DRS to adopt rules establishing an actuarially equivalent survivor option, and broad authority to adopt and revise actuarial factors for purposes of administering the state’s public retirement systems. We therefore hold that the DRS acted within its statutory authority. Additionally, the DRS did not violate the contract clause of article I, section 23 of the Washington Constitution. The decision of the Thurston County Superior Court is affirmed.
BACKGROUND
¶3 A brief discussion of the relevant statutory and regulatory history of WSPRS Plan 1, as well as a discussion of the facts of this case, provides the necessary context for our decision.
I. WSPRS Statutes and the Option B Regulations
¶4 WSPRS Plan 1 provides monthly retirement benefits to qualifying Washington State Patrol officers commissioned on or before January 1, 2003. See RCW 43.43.270. Historically, WSPRS Plan 1 members had only one option for their retirement benefits: a monthly retirement allowance calculated based on the retiree’s final average salary and years of service. RCW 43.43.270(2). If the member passed away, either in service or after retirement, the member’s spouse would automatically receive a survivor allowance—usually equal to 50 percent of the member’s average final salary—at no additional cost to the member.
¶5 In 1999, the legislature enacted a law directing the DRS to adopt rules creating a new survivor benefit option for WSPRS retirees that would provide for a continuing,
¶6 In 2000, pursuant to RCW 43.43.278, the DRS adopted a rule implementing the legislative mandate to create an uncapped survivor benefit option. Clerk’s Papers (CP) at 97 (Rule-Making Order, Wash. St. Reg. 00-11-103 (May 18, 2000)). This rule established two retirement options: “Option A” (the “historic retirement option” with historic survivor benefit) and “Option B” (the “actuarially equivalent retirement option” with new survivor benefit). Former WAC 415-103-215 (2000). In order to offset the continuing benefits provided to the survivor and ensure that the plan was actuarially equivalent, the monthly retirement allowance was actuarially adjusted by a reduction factor.
¶7 The Office of the State Actuary (OSA), which is responsible for conducting actuarial services for, and periodic studies of, the state retirement systems, recommended a flat actuarial reduction factor of three percent for Option B. Admin. Record (AR) at 77; see also RCW 44.44.040. This meant that upon choosing Option B, a member’s retirement allowance would be reduced by three percent,
¶9 Upon receiving this advice from the OSA, the DRS amended WAC 415-103-215, removing the reference to the three percent actuarial reduction, stating instead:
The department pays the retiree a monthly retirement benefit that is actuarially reduced from the benefit calculated, under Option A. The department pays survivor benefits in accordance with RCW 43.43.278 using actuarial factors in WAC 415-02-380 (10) and (11).
Former WAC 415-103-215(3) (2010) (emphasis added). The DRS simultaneously amended WAC 415-02-380 to include a table of survivor benefit reduction factors for WSPRS Plan 1 Option B that based varying actuarial reduction rates on the age difference between member and spouse. Former WAC 415-02-380(10), (11) (2010). The new rules went into effect September 1, 2010. CP at 152.
II. Tim Lenander
¶10 Lenander became a commissioned trooper and a member of WSPRS on July 2, 1987. AR at 4. He was an active, contributing member of WSPRS until his retirement on August 9, 2011. Id. Lenander is married, and upon retirement, he selected Option B for his WSPRS monthly retirement benefit. Id. This retirement benefit will continue for the lifetime of his wife, if she survives him. Id. When Lenander retired, the age difference between him and his wife was calculated as two years. Id. at 5. Based on the newly adopted table of actuarial factors at former WAC 415-02-380 (2010), and pursuant to former WAC 415-103
¶11 Lenander filed a lawsuit in superior court,
¶12 The superior court denied Lenander’s claims for relief. Lenander appealed, and we granted direct review pursuant to RCW 2.06.030.
ANALYSIS
¶13 At its core, this case presents issues of statutory interpretation. We are called on to interpret the scope of the DRS’s authority to establish actuarial factors for the WSPRS Plan 1 system, and to determine whether its powers also include the authority to revise and update the factors once adopted.
I. Standard of Review
¶14 The Washington Administrative Procedure Act (APA) governs the standard of review for a challenge to an agency rule. The burden is on the challenger asserting invalidity of an administrative rule—in this case, Lenander. See ch. 34.05 RCW; Wash. Pub. Ports Ass’n v. Dep’t of Revenue, 148 Wn.2d 637, 645, 62 P.3d 462 (2003). An
¶15 Determining the extent of rule making authority is a question of law. Wash. Pub. Ports Ass’n, 148 Wn.2d at 645. The construction and meaning of a statute is a question of law, which we review de novo. Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9, 43 P.3d 4 (2002). When possible, the court derives legislative intent from the plain language enacted by the legislature, considering the text of the provision in question, the context of the statute in which the provision is found, related provisions, amendments to the provision, and the statutory scheme as a whole. Id. at 10-11.
¶16 Constitutional issues are also questions of law that we review de novo. State v. Gresham, 173 Wn.2d 405, 419, 269 P.3d 207 (2012). We begin with the presumption that a statute is constitutional and place “ ‘the burden to show unconstitutionally ... on the challenger.’ ” In re Estate of Hambleton, 181 Wn.2d 802, 817, 335 P.3d 398 (2014) (alteration in original) (quoting Amunrud v. Bd. of Appeals, 158 Wn.2d 208, 215, 143 P.3d 571 (2006)).
II. The DRS Acted within Its Statutory Rule Making Authority
¶17 Lenander first challenges the authority of the DRS to amend its own regulations concerning Option B. He argues that because the statute directing the creation of Option B included a date certain for enactment of the Option B regulations and did not expressly include language reserving the right to make future amendments or changes thereto, the DRS did not have authority to make
¶18 Administrative agencies have only those powers expressly granted by statute or necessarily implied from the legislature’s statutory delegation of authority. Tuerk v. Dep’t of Licensing, 123 Wn.2d 120, 124-25, 864 P.2d 1382 (1994). “Agencies have implied authority to carry out their legislatively mandated purposes.” Id. at 125. When the legislature grants power to an agency, it also grants by implication “ ‘everything lawful and necessary to the effectual execution of the power.’ ” Id. (quoting State ex rel. Puget Sound Navigation Co. v. Dep’t of Transp., 33 Wn.2d 448, 481, 206 P.2d 456 (1949)).
¶19 In 1999, the legislature delegated express authority to the DRS to create rules adopting a continuing survivor benefit for WSPRS Plan 1 members. RCW 43.43.278. Specifically, the DRS was instructed:
By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select, in lieu of benefits under RCW 43.43.270, an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. . . .
Laws of 1999, ch. 74, § 4 (emphasis added) (codified as amended at RCW 43.43.278
¶20 When interpreting a statute, the court’s fundamental objective is to ascertain and give effect to the legislature’s intent. Hama Hama Co. v. Shorelines Hr’gs Bd., 85 Wn.2d 441, 445, 536 P.2d 157 (1975). We begin with the plain meaning of the statute. See Campbell & Gwinn, 146 Wn.2d at 9. In doing so, we consider the text of the provision in question, the context of the statute in which the provision is found, related provisions, amendments to the provision, and the statutory scheme as a whole. Id. at 10-11. If the meaning of the statute is plain on its face, then we must give effect to that meaning as an expression of legislative intent. Id. If, after this inquiry, the statute remains ambiguous or unclear, it is appropriate to resort to aids of construction and legislative history. Id. at 12.
¶21 The legislature created the DRS in 1976
¶22 In 1989, the legislature revised the actuarial funding for all of the state retirement systems. Laws of 1989, ch. 273 (codified at ch. 41.45 RCW). This law directed the DRS and the OSA to coordinate roles regarding actuarial assessments and calculations for the WSPRS system. Under this law, the DRS is charged with collecting the data necessary for an actuarial investigation and valuation of all state retirement systems. RCW 41.45.090. Additionally, every six years the state actuary is required to conduct an actuarial experience study analyzing the mortality, service, compensation, and experience of the members of each retirement system, and an actuarial investigation into the financial condition of each system. RCW 41.45.090. Upon the completion of these actuarial studies, the state actuary must give the results to the DRS. Id.
¶23 The legislature vested the DRS with broad authority to adopt regulations and actuarial factors as necessary in response to the findings of the state actuary’s investigations:
Upon the basis of such actuarial investigation [by the state actuary] the department shall adopt such tables, schedules, factors, and regulations, as are deemed necessary in light of the findings of the actuary for the proper operation of the state retirement systems.
Id. (emphasis added). This grant of authority to the DRS was made in 1989, 10 years prior to the enactment of the WSPRS Option B survivor benefit legislation.
¶25 Lenander ignores this larger statutory scheme and instead points to the lack of an express reservation clause in the WSPRS statute. He argues that without this express language, the DRS lacks the authority to amend WSPRS Option B. Br. of Appellant at 15-16. He notes that the legislature, when directing the DRS to create similar survivor benefit options for other retirement systems, included express reservation language authorizing the DRS to make future amendments to actuarial factors, but failed to do so for WSPRS. Reply Br. of Appellant at 20-22; see also Laws of 2000, ch. 186.
¶26 Express reservation language is not necessary in this case as the amendments at issue are authorized by the broader statutory scheme. We previously considered and decided this issue in King County Employees’ Ass’n v. State Employees’ Retirement Board, 54 Wn.2d 1, 336 P.2d 387 (1959). The case challenged the State Employees’ Retire
¶27 Interpreting the plain meaning of the statute, this court concluded that the term “actuarial equivalent” in the retirement statute reasonably required the use of the most accurate tables available. Id. “When the legislature gave the retirement board the responsibility for making effective the provisions of the retirement act, it simultaneously gave to the board ‘the authority to make all rules and regulations necessary therefor.’ ” Id. at 9. This court held that the retirement board had “the power to adopt new mortality tables from time to time for the purpose of endeavoring to reflect the accurate life expectancy of members when they retire.” Id.
¶29 We also reject Lenander’s argument based on the text of the DRS’s own regulations. Lenander points to specific DRS regulations expressly reserving the right to amend actuarial factors for other retirement systems, and contrasts this language to the WSPRS Plan 1 Option B regulations that do not include such language. Br. of Appellant at 19-22. Lenander argues that the absence of express reservation language for Option B in the regulations is determinative, and shows that the DRS always regarded WSPRS as “different.” Id. at 19. This argument misses the point of our analysis. The scope of an agency’s authority is set by legislative enactment, not by its own regulations. An agency’s rules or regulations cannot amend or alter legislative enactments. Tuerk, 123 Wn.2d at 125. “[A]lthough we generally accord substantial deference to agency decisions, we do not defer to an agency the power to determine the scope of its own authority.” In re Registration of Elec. Lightwave, Inc., 123 Wn.2d 530, 540, 869 P.2d 1045 (1994) (citation omitted). In light of the statutory text and framework, we conclude that the DRS had authority to amend its regulations to update its actuarial factors.
¶30 Furthermore, Lenander’s position would have the peculiar result of requiring the DRS to treat WSPRS Plan 1 differently from all other retirement plans, without any indication that the legislature intended such result. Lenander challenges the DRS’s authority to amend WAC 415-02-380 to change only the WSPRS Plan 1 Option B actuarial factors,
¶31 Moreover, Lenander’s position would in effect limit the DRS to using outdated or rejected actuarial factors and methodology for WSPRS Plan 1 alone. We do not read the statutes to create such a result when the legislature regularly lumped the state retirement systems together for similar treatment by the DRS. See, e.g., RCW 41.45.035 (authorizing adoption of investment rate of return assumptions across WSPRS and other state retirement systems), .090 (authorizing DRS’s authority in collection of actuarial data for all state retirement systems); RCW 41.50.005(1) (stating policy intent for the DRS that “[t]he retirement systems of the state shall provide similar benefits wherever possible”).
III. The 2010 Changes to the WSPRS Regulations Fell within the Scope of the DRS’s Authority
¶32 Lenander argues that even if we hold that the DRS had implied authority to amend the Option B rule, the particular regulations adopted exceeded the scope of the agency’s authority. Lenander argues that the DRS was limited to amending the regulations establishing the actuarial equivalent benefit based on a new interest rate or mortality rate. He bases this argument on the language in the WSPRS statutes defining “actuarial equivalent” with reference to only two actuarial factors:
*411 “Actuarial equivalent” shall mean a benefit of equal value when computed upon the basis of such mortality table as may be adopted and such interest rate as may be determined by the director.
RCW 43.43.120(1) (emphasis added). This definition has been in place in the statute since 1951. Compare Laws of 1951, ch. 140, § 1(o), with RCW 43.43.120(1). Lenander argues that pursuant to this definition, the DRS has implied authority to amend the three percent actuarial reduction only if there is a change in either the mortality table or interest rate (or both). Br. of Appellant at 19. We reject this argument.
¶33 ‘We presume that administrative rules adopted pursuant to a legislative grant of authority are valid, and we will uphold such rules if they are reasonably consistent with the controlling statute.” Wash. Pub. Ports Ass’n, 148 Wn.2d at 646. Additionally, we have held that agencies may adopt rules to fill in gaps in legislation where doing so is necessary to the effectuation of a general statutory scheme. Hama Hama Co., 85 Wn.2d at 448. Because Lenander claims that the amended rule exceeds the scope of the DRS’s statutory authority, he has the burden of showing that the amended rule is in conflict with the intent and purpose of the statute. See Wash. Pub. Ports Ass’n, 148 Wn.2d at 646.
¶34 Resolution of this issue turns on the proper interpretation of “actuarial equivalent” in the WSPRS statute. The statutory definition of “actuarial equivalent” requires a benefit be of “equal value” based on a mortality rate and interest rate selected by the DRS. RCW 43.43.120(1). This language indicates these two factors are relevant to the calculation of “equal value” but says nothing about when or how the DRS may make changes to these factors. To the extent Lenander’s argument suggests there must be a demonstrable change in these rates in order to make adjustments to the actuarial equivalency calculation, we reject his arguments. The plain text of the statutes say
¶35 We conclude that these statutes can be harmonized so as to give effect to all language and carry out the legislative intent to provide for an actuarially sound and funded retirement system. The statutory scheme for the collection and application of actuarial valuations for WSPRS has undergone significant changes since the definition of “actuarial equivalent” was added to the statute in 1951. In 1989, when the legislature granted the DRS authority to periodically adopt actuarial factors and regulations as
¶36 Reading these provisions in harmony with each other, we hold that the DRS has broad authority under RCW 41.45.090 to adopt such factors as it deems necessary for the purpose of calculating a WSPRS survivor benefit of “equal value” but, at a minimum, it must consider and adopt a mortality rate and interest rate it deems appropriate, consistent with the language of RCW 43.43.120(1). This interpretation gives effect to all language used by the legislature and is consistent with the legislative intent to create a retirement system that is more actuarially sound. Based on this interpretation, we hold that the DRS properly relied on recommendations from the state actuary in updating the Option B actuarial factors, and that the 2010 changes to WAC 415-103-215 and WAC 415-02-380 were valid.
¶37 Lenander claims a contractual right to the three percent reduction factor set forth in the original Option B regulations. Br. of Appellant at 31. Because the application of the 2010 amended actuarial factors resulted in a greater reduction in his monthly benefits (5.3 percent), Lenander argues the rule, as applied to him, is an unconstitutional impairment of his pension benefits contract. Br. of Appellant at 28. We affirm the lower court’s denial of Lenander’s constitutional claim.
¶38 Article I, section 23 of the Washington Constitution provides that “[n]o . . . law impairing the obligations of contracts shall ever be passed.” See also U.S. Const. art. I, § 10 (“No State shall . . . pass any . . . law impairing the obligation of contracts.”). We give these provisions of our federal and state constitutions the same effect in Washington. Wash. Educ. Ass’n v. Dep’t of Ret. Sys., 181 Wn.2d 233, 242, 332 P.3d 439 (2014) (WEA I). While deference to the legislature is warranted when a private contract is impaired, we are more stringent in our review of state action that impairs a public contract. Id.
¶39 The three-part test for the impairment of public contracts applies to public pension contract impairment cases. Id. at 243-44. Under this test, a constitutional violation will be found only if the challenged action substantially impairs an existing contract and, even then, only if the action was not reasonable and necessary to serve a legitimate public purpose. Id. at 243. The test has three prongs, under which we ask: (1) Does a contractual relationship exist, (2) does the legislation substantially impair the contractual relationship, and (3) if there is substantial impairment, is the impairment reasonable and necessary to serve a legitimate public purpose? Id.
¶40 In public pension contract impairment cases, we analyze this three-part test in conjunction with the standards set forth in Bakenhus v. City of Seattle, 48 Wn.2d 695,
A. Scope of Contract Rights
¶41 Both parties acknowledge that the WSPRS statutes create enforceable contract rights. Br. of Resp’t at 40; Br. of Appellant at 24-25. The disagreement between the parties stems from differing views on how those contract rights are defined. Lenander argues that he has a constitutionally protected contract right to the three percent reduction factor set forth in the initial Option B regulations. Br. of Appellant at 31. The DRS disagrees and argues the contract is limited to the right to an “actuarial equivalen [t] ” benefit, subject to the DRS’s authority to periodically update its actuarial factors. Br. of Resp’t at 42.
¶42 The terms of the retiree’s pension contract rights, and any limitations on those rights, are defined by the language of the statutes creating those rights. WEA I, 181 Wn.2d at 244-45. Thus, we look to the relevant statutes defining Lenander’s vested pension benefits.
¶43 A public employee’s right to a pension vests at the time the employee commences service, and thereafter may be modified only for limited purposes. Bowles v. Dep’t of Ret. Sys., 121 Wn.2d 52, 65, 847 P.2d 440 (1993). Thus, Lenander’s contractual right to a pension benefit
¶44 Once pension contract rights vest, the State cannot alter the contract without mutual consent. Wash. Fed’n of State Emps. v. State, 98 Wn.2d 677, 686, 658 P.2d 634 (1983). However, where the change is favorable to the employee, we will imply consent to the contract’s modification. WEA I, 181 Wn.2d at 250. Whether a change is favorable involves a fact-specific analysis based on the totality of the circumstances. Id. Because this new survivor benefit option allowed greater flexibility to members upon retirement, it was a favorable change to which Lenander’s consent may be implied. Id.
¶45 However, this new contract right was both defined and limited by the statutes that created and governed the implementation of the new benefit. See id. at 249. In WEA I, we used ordinary principles of statutory interpretation to give effect to a reservation clause included within a pension benefit statute as a term within the pension contract itself. See id. at 244-45, 247. We held the legislature’s exercise of this reserved authority to repeal a newly added benefit did not constitute impairment of a contract but, rather, constituted the exercise of a contractual provision of the established pension contract. Id. at 245. Thus, we must read the pension benefits set forth in the WSPRS Plan 1 statutes in conjunction with any clear statutory provisions allowing for future amendments to those benefits.
¶46 At the time the legislature granted a right to select an “actuarial equivalent” survivor benefit for WSPRS Plan 1, it did so subject to the statutory scheme for assessment, adoption, and revision of actuarial factors by the DRS. Prior to adding this new benefit, the legislature required the state
¶47 Once again, we find our decision in King County Employees’ Ass’n controlling. In that case, we held that the statutes giving state employee retirement system members the option to select an “actuarial equivalent” annuity benefit established a contractual right only to a “ ‘benefit of equal value’ to his or her accumulated contributions,” and did not create a right to a benefit calculated based on any particular set of mortality tables adopted by the board. King County Emps.’ Ass’n, 54 Wn.2d at 9. Because the statutory scheme contemplated the periodic updating of actuarial factors, “[a]ny computations based upon mortality tables rejected by the board—because from experience and actuarial investigation they did not properly reflect the life expectancy of retiring members—would be actuarially unsound, and would not give the employees what they had contracted for.” Id.
¶48 Thus, we hold that based on the WSPRS and the DRS statutes, Lenander has a contractually protected right to a retirement allowance for life, computed based on years of public service and final average salary. RCW 43.43.260, .270. And he has the right to select a survivor benefit that is of equal value, subject to the DRS’s authority to update the actuarial factors involved in that calculation of equivalency. RCW 43.43.278. But Lenander did not have a vested contract right to the three percent actuarial reduction first used by the DRS.
¶50 In this case, unlike Bowles, the statutes carve out and retain for the DRS the authority to periodically update actuarial regulations. See RCW 41.45.090, .050. Lenander did not have an enforceable contract right to the use of the specific three percent actuarial factor, even though it was used for nearly 10 years, because the use of this factor was always subject to periodic updating. Accord King County Emps.’ Ass’n, 54 Wn.2d at 9 (no contract right to specific actuarial factor when the factors were subject to regular updating). He was entitled only to the standard retirement
B. Substantial Impairment
¶51 Substantial impairment is measured by the implied consent and comparable new advantages analysis established in Bakenhus. WEA I, 181 Wn.2d at 249. “ ‘A contract is impaired by a statute which alters its terms, imposes new conditions or lessens its value.’ ” Wash. Fed’n of State Emps. v. State, 127 Wn.2d 544, 563, 901 P.2d 1028 (1995) (quoting Caritas Servs., Inc. v. Dep’t of Soc. & Health Servs., 123 Wn.2d 391, 404, 869 P.2d 28 (1994)). The Bakenhus requirements of flexibility, integrity, and comparable new advantages focus this analysis for pension contract cases. WEA I, 181 Wn.2d at 244. “ ‘Impairment may be substantial if the complaining party relied on the supplanted portions of the contract.’ ” Wash. Fed’n of State Emps., 127 Wn.2d at 563 (quoting Caritas Servs., Inc., 123 Wn.2d at 405).
¶52 Based on the plain statutory language, Lenander’s pension contract rights were not impaired by the DRS’s 2010 rule changes. The adoption of updated actuarial factors was simply an exercise of an existing provision to the pension contract. RCW 41.45.090; see also WEA I, 181 Wn.2d at 247 (because the legislature included a valid reservation clause, the State did not violate any vested rights of the employees when repealing the additional cost of living adjustment benefit); King County Emps.’ Ass’n, 54 Wn.2d at 9 (no contract impairment because new actuarial factors merely assured right to “ ‘benefit of equal value’ ” was met).
¶53 Under the pre-2010 and post-2010 regulations, WSPRS Plan 1 members were still entitled to receive a retirement benefit based on the same calculation of average
¶54 Furthermore, the adoption of new actuarial factors fulfilled the Bakenhus principles of providing increased flexibility and integrity to the system. See 48 Wn.2d at 701. By adopting a table of factors that vary by age differential, the DRS has created a valuation that more closely approximates the actuarial value of the retirement benefit and, as a result, provides better funding to the WSPRS pension system. CP at 27 (memo from the DRS explaining rationale for adopting new actuarial table based on age differential). The DRS did not infringe on Lenander’s right to an “actuarial equivalent” survivor benefit, and because the Baken-hus requirements are satisfied, we hold Lenander has not suffered substantial impairment to his pension contract rights.
¶55 Because we hold there was no substantial impairment, we need not reach the third prong of the contract impairment test. WEA I, 181 Wn.2d at 224.
V. Attorney Fees
¶56 Lenander requested an award of attorney fees on three separate grounds: RCW 49.48.030, RCW 4.84.350(1), and the common fund doctrine. Br. of Appellant at 31-34. Because Lenander is not the prevailing party, he is not
CONCLUSION
¶57 The DRS acted within its authority in amending the WSPRS Plan 1 Option B survivor benefit actuarial reduction regulations as set forth under former WAC 415-02-380 (2010) and 415-103-215 (2010). In amending these regulations, the DRS did not violate the contract clause of article I, section 23 of the Washington Constitution. We affirm the decision of the superior court.
Actuarial factors are specific percentages used by the DRS to calculate adjustments to retirement benefits for different benefit options, such as an offset to pay for providing a survivor benefit. See CP at 31; WAC 415-02-300(1). “The department adopts actuarial factors upon the office of the state actuary’s (OSA) recommendation, following OSA’s investigation into the mortality, service, compensation, and other experience of retirement plan members, retirees, and beneficiaries.’’ WAC 415-02-300(2).
There is no documentation as to why the DRS initially adopted the three percent reduction factor, or why it chose a single factor over a table of varying factors. However, in light of the absence of evidence to the contrary, both parties admit this calculation was actuarially equivalent.
This lawsuit was commenced by a different retiree, but Lenander was later substituted as plaintiff. CP at 585.
The text of RCW 43.43.278 was amended in 2000, wherein the legislature removed the language stating the new option was “in lieu of benefits under RCW 43.43.270.’’ Laws of 2000, ch. 186, § 9. This cross-referenced statute, RCW 43.43
Prior to 1976, authority for administering each of the various state retirement systems was vested in individual retirement boards, which were specific to each retirement plan. Laws of 1947, ch. 250, §§ 2(A), 3. Upon its creation, the DRS assumed all responsibilities and powers previously held by the retirement boards. Laws of 1976, 2d Ex. Sess., ch. 105, § 11.
Prior to 1976, the retirement boards hired independent, private actuaries to provide actuarial services for the retirement systems. Laws of 1947, ch. 250, § 9.
Our decision in King County Employees’ Ass’n concerned provisions of the “State Employees’ Retirement System,’’ codified at chapter 41.40 RCW. King County Emps.’ Ass’n, 54 Wn.2d at 3. Today, these statutes are referred to as the “Washington Public Employees’ Retirement System.’’ RCW 41.40.020.
“An annuity is defined as the monthly ‘payments for life derived from accumulated contributions of a member.’ ’’ King County Emps.’ Ass’n, 54 Wn.2d at 7 (quoting former RCW 41.40.010(17) (1957), now codified as RCW 41.40.010(5)).
Lenander asks this court to adopt the reasoning of the Alaska State Supreme Court in Sheffield v. Alaska Public Employees’ Ass’n, 732 P.2d 1083 (1987), in