Determining LEOFF Eligibility

Employee:

SSN:

Key:
PE – Possibly Eligible, look for other factors
NE – Not Eligible, Exempt
N/A – Not Applicable
E – Eligible
		Yes	No
1	Is the employer a LEOFF employer? RCW 41.26.030	PE	NE	N/A
2	Does the employee work at least 160 hours a month (full time)? WAC 415-104-225 WAC 415-104-011 (4)	PE	NE	N/A
3	Does the employee earn a basic salary plus benefits similar to other full-time employees who hold the same or similar rank in a similar position (fully compensated)? WAC 415-104-225 WAC 415-104-011 (5)	PE	NE	N/A
4	Is the employee an officer of a general authority Washington law enforcement agency, and is the employee empowered to enforce the criminal laws of the state of Washington (commissioned)? WAC 415-104-225 WAC 415-104-011 (5)	PE	NE	N/A
5	Is the employee a city police officer, town marshal, deputy town marshal or county sheriff? WAC 415-104-225	E	NE	N/A
6	Is the employee employed by the Department of Natural Resources, the Department of Fish and Wildlife, or other agencies that have limited law enforcement? RCW 41.26.030 (32) RCW 10.93.020 (2)	NE	PE	N/A
7	Has the deputy sheriff passed a civil service exam for deputy sheriff and does he or she possess all the powers to perform any deputy sheriff duties prescribed by law? WAC 415-104-225	E	NE	N/A
8	Is the employee a commissioned person and a general authority Washington peace officer? WAC 415-104-225	E	NE	N/A
Key:
PE – Possibly Eligible, look for other factors
NE – Not Eligible, Exempt
N/A – Not Applicable
E – Eligible
		Yes	No
9	Is the employee a port district law enforcement officer commissioned and employed by a port district general authority law enforcement agency? WAC 415-104-225	E	NE	N/A
10	Is the employee a state university or college general authority law enforcement officer? WAC 415-104-225	E	NE	N/A
11	Effective January 1, 1993: if at the time of being appointed as a full-time commissioned, fully compensated, public safety officer or director of public safety of a city or town, did that city or town have a population of fewer than 10,000? WAC 415-104-225	E	NE	N/A
12	Is the public safety officer or director of a town with a population of fewer than 10,000 receiving a retirement allowance? RCW 41.26.030 (3)(e)	NE	E	N/A
13	Is the employee an undersheriff, inspector, jail superintendent, chief criminal deputy or chief civil deputy? RCW 41.14.070 RCW 41.26.030 (3)(b)	E	NE	N/A
14	Is the employee’s position clerical or secretarial in nature and the employee is not commissioned? WAC 415-104-225	NE	PE	N/A
15	Is the position a corrections officer position where the only training is the basic corrections training? WAC 139-10-210 WAC 415-104-225(1)(e)(ii)	NE	PE	N/A
16	Has the full-time commissioned law enforcement personnel been appointed to office, position or rank in the police department, that was specifically created or otherwise expressly provided for, or by ordinance enacted by, the legislative body of the city? RCW 41.26.030 (3)(c)	E	NE	N/A
Key:
PE – Possibly Eligible, look for other factors
NE – Not Eligible, Exempt
N/A – Not Applicable
E – Eligible
		Yes	No
17	Is the person the executive secretary of a labor guild, association or organization and have they had five years past membership in LEOFF Plan 1? RCW 41.26.030	E	NE	N/A
18	Is the employee employed in a full time, fully compensated, uniformed firefighter position, and does the employee have the legal authority and responsibility to direct or perform fire protection activities that are required for and directly concerned with preventing, controlling or extinguishing fires? WAC 415-104-225 (2)	E	NE	N/A
19	Does the employee qualify as supervisory firefighter personnel? WAC 415-104-225 (2)(b)	E	NE	N/A
20	Is the employee required to pass a civil service exam for the position to qualify as a firefighter? WAC 415-104-225 (2)(c)	E	PE	N/A
21	Is the employee a volunteer firefighter or resident volunteer firefighter? WAC 415-104-225 (2)(e)	NE	PE	N/A
22	Is the person a full-time secretary of an association of fire protection districts authorized under RCW 52.12.031? RCW 41.26.030 (4)(d) (this only applies to LEOFF Plan 1	E	NE	N/A
23	Is the person a full-time, fully-compensated dispatcher employed in a fire department that requires them to successfully pass a civil service test for that position on or after March 1, 1970? RCW 41.26.030(4)(f)	E	NE	N/A
24	Did the employee, enrolled in LEOFF Plan 1 between August 1, 1971, and August 1, 1977, separate from employment for more than six months (other than for disability leave, disability retirement, a service retirement or an authorized leave of absence), then return to employment? If so, did they meet the minimum medical and health requirements (necessary for LEOFF Plan 1 during the 1971-1977 time frame)? WAC 415-104-245	E	PE	N/A
25	Did the employee in question 22 fail to meet the minimum medical and health requirements? If so, they automatically default into LEOFF Plan 2. WAC 415-104-245			N/A