Bakenhus rule in Washington

2008Bakenhus, 48 Wn.2d at 703 .

2008Bakenhus, 48 Wn.2d at 703 .

2008Therefore, the court focused its analysis on the expectations of the employee at the time the retirement benefits are conferred, rather than the express language of the contract, to determine whether the benefits vested. ¶25 Later, in Dorward v. ILWU-PMA Pension Plan, 75 Wn.2d 478 , 452 P.2d 258 (1969), this court applied the Bakenhus analysis to pensions specifically created through collective bargaining.

2008Therefore, the court focused its analysis on the expectations of the employee at the time the retirement benefits are conferred, rather than the express language of the contract, to determine whether the benefits vested. ¶25 Later, in Dorward v. ILWU-PMA Pension Plan, 75 Wn.2d 478 , 452 P.2d 258 (1969), this court applied the Bakenhus analysis to pensions specifically created through collective bargaining.

2008But while pension benefits under a collective bargaining agreement may vest, as in Dorward, Firefighters shows that other benefits can be limited to the terms of a collective bargaining agreement. ¶91 The second case decided by this court that the majority relies on that is not a pension case is Cockle v. Department of Labor & Industries, 142 Wn.2d 801 , 16 P.3d 583 (2001).

2008But while pension benefits under a collective bargaining agreement may vest, as in Dorward, Firefighters shows that other benefits can be limited to the terms of a collective bargaining agreement. ¶91 The second case decided by this court that the majority relies on that is not a pension case is Cockle v. Department of Labor & Industries, 142 Wn.2d 801 , 16 P.3d 583 (2001).

2008But while pension benefits under a collective bargaining agreement may vest, as in Dorward, Firefighters shows that other benefits can be limited to the terms of a collective bargaining agreement. ¶91 The second case decided by this court that the majority relies on that is not a pension case is Cockle v. Department of Labor & Industries, 142 Wn.2d 801 , 16 P.3d 583 (2001).

2008But while pension benefits under a collective bargaining agreement may vest, as in Dorward, Firefighters shows that other benefits can be limited to the terms of a collective bargaining agreement. ¶91 The second case decided by this court that the majority relies on that is not a pension case is Cockle v. Department of Labor & Industries, 142 Wn.2d 801 , 16 P.3d 583 (2001).

2002In Frank v. Day's Inc., 13 Wash.App. 401 , 535 P.2d 479 (1975), cited by the majority for the proposition that the Bakenhus rule is not limited to public employment, a retirement trust contract was voluntarily established by the employer.

2002App. 401 , 535 P.2d 479 (1975), cited by the majority for the proposition that the Bakenhus rule is not limited to public employment, a retirement trust contract was voluntarily established by the employer.

2002In addition, cases cited in International Association of Firefighters, Local 2088 v. City of Tukwila, 22 Wash.App. 683 , 591 P.2d 475 (1979), relied on by the majority, involve public pension statutes, pensions arising from private collective bargaining agreements, and voluntary employer plans.

2002In addition, cases cited in International Ass’n of Firefighters, Local No. 2088 v. City of Tukwila, 22 Wn.

2002Indeed, this court has expressly held that social security benefits do not fall within the Bakenhus rule that “payments under government pension plans are a form of deferred compensation for past services rendered to the employer.” Caughey, 81 Wn.2d at 600 .

2002Indeed, this court has expressly held that social security benefits do not fall within the Bakenhus rule that “payments under government pension plans are a form of deferred compensation for past services rendered to the employer.” Caughey, 81 Wn.2d at 600 .

1983See, e.g., Horowitz v. Department of Retirement Sys., 96 Wn.2d 468, 472 , 635 P.2d 1078 (1981); Tembruell v. Seattle, 64 Wn.2d 503 , 392 P.2d 453 (1964); Eisenbacher v. Tacoma, 53 Wn.2d 280 , 333 P.2d 642 (1958).

1983See, e.g., Horowitz v. Department of Retirement Sys., 96 Wn.2d 468, 472 , 635 P.2d 1078 (1981); Tembruell v. Seattle, 64 Wn.2d 503 , 392 P.2d 453 (1964); Eisenbacher v. Tacoma, 53 Wn.2d 280 , 333 P.2d 642 (1958).

2021Majority at 17 (“We have concluded since Bakenhus that pension benefits might be modified where the purpose of maintaining the flexibility and integrity of the pension system is threatened, and we have analyzed this issue within the substantial impairment prong.” (citing Lenander, 186 Wn.2d at 415 )).

2008Jacoby, 77 Wash.2d 911 , 468 P.2d 666 . ś 27 Most recently, in Firefighters, this court again focused on the compensatory nature of the benefits as defining the contractual obligation to provide a vested benefit. 146 Wash.2d at 219-23, 45 P.3d 186 .

2008Jacoby, 77 Wash.2d 911 , 468 P.2d 666 . ś 27 Most recently, in Firefighters, this court again focused on the compensatory nature of the benefits as defining the contractual obligation to provide a vested benefit. 146 Wash.2d at 219-23, 45 P.3d 186 .

2008Jacoby, 77 Wash.2d 911 , 468 P.2d 666 . ś 27 Most recently, in Firefighters, this court again focused on the compensatory nature of the benefits as defining the contractual obligation to provide a vested benefit. 146 Wash.2d at 219-23, 45 P.3d 186 .

2008Jacoby, 77 Wash.2d 911 , 468 P.2d 666 . ś 27 Most recently, in Firefighters, this court again focused on the compensatory nature of the benefits as defining the contractual obligation to provide a vested benefit. 146 Wash.2d at 219-23, 45 P.3d 186 .

2002Citing to our decision in Caughey v. Employment Security Department, 81 Wash.2d 597 , 503 P.2d 460 (1972), in which we adopted the general rule enunciated by the United *192 States Supreme Court in Flemming v. Nestor, 363 U.S. 603 , 80 S.Ct. 1367 , 4 L.Ed.2d 1435 (1960), the dissent asserts that "social security benefits do not fall within the Bakenhus rule that `payments under government pension plans are a form of deferred compensation for past services rendered to the employer.' "Dissent at 197 (emphasis omitted).

2002Citing to our decision in Caughey v. Employment Security Department, 81 Wash.2d 597 , 503 P.2d 460 (1972), in which we adopted the general rule enunciated by the United *192 States Supreme Court in Flemming v. Nestor, 363 U.S. 603 , 80 S.Ct. 1367 , 4 L.Ed.2d 1435 (1960), the dissent asserts that "social security benefits do not fall within the Bakenhus rule that `payments under government pension plans are a form of deferred compensation for past services rendered to the employer.' "Dissent at 197 (emphasis omitted).

2002Id. at 374-75, 722 P.2d 95 . [4] The rule from these cases is clear—unless social security coverage was an agreed part of the parties' collective bargaining agreement, it is not contractual in nature and it does not come within the Bakenhus rule.

2002Id. at 374-75, 722 P.2d 95 . [4] The rule from these cases is clear—unless social security coverage was an agreed part of the parties' collective bargaining agreement, it is not contractual in nature and it does not come within the Bakenhus rule.

1984This distinction *542 was clearly defined in Eagan v. Spellman, 90 Wn.2d 248 , 581 P.2d 1038 (1978).

1984This distinction *542 was clearly defined in Eagan v. Spellman, 90 Wn.2d 248 , 581 P.2d 1038 (1978).

1983See, e.g., Horowitz v. Department of Retirement Sys., 96 Wn.2d 468, 472 , 635 P.2d 1078 (1981); Tembruell v. Seattle, 64 Wn.2d 503 , 392 P.2d 453 (1964); Eisenbacher v. Tacoma, 53 Wn.2d 280 , 333 P.2d 642 (1958).

1983See, e.g., Horowitz v. Department of Retirement Sys., 96 Wn.2d 468, 472 , 635 P.2d 1078 (1981); Tembruell v. Seattle, 64 Wn.2d 503 , 392 P.2d 453 (1964); Eisenbacher v. Tacoma, 53 Wn.2d 280 , 333 P.2d 642 (1958).

1969It does not follow, as Eisenbacher [ 53 Wn.2d 280 , 333 P.2d 642 (1958)] and Letterman [ 53 Wn.2d 294 , 333 P.2d 650 (1958)] clearly indicate, that all of the principles of contract law can be applied to the so-called contract for a pension.

1969It does not follow, as Eisenbacher [ 53 Wn.2d 280 , 333 P.2d 642 (1958)] and Letterman [ 53 Wn.2d 294 , 333 P.2d 650 (1958)] clearly indicate, that all of the principles of contract law can be applied to the so-called contract for a pension.