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2025 Op. Wash. Att'y Gen. 1 (2025)

handle is hein.sag/sagwa2025 and id is 1 raw text is: 


Home (/) I AG Opinions (/ago-opinions) I COUNTY COMMISSIONER-HEALTH INSURANCE-County Commissioners' Ability To
Enact Midterm Increases To Their Own Health Benefits, Convert Their Health Benefits To Cash Payments, Or Increase Cash Payments
They Receive In Lieu Of Health Benefits


COUNTY COMMISSIONER-HEALTH

INSURANCE-County Commissioners'Ability

To   Enact Midterm Increases To Their Own

Health Benefits, Convert Their Health Benefits

To   Cash Payments, Or Increase Cash

Payments They Receive In Lieu Of Health

Benefits

AGO  2025  No. 1 - Apr 9 2025

Attorney General Nick Brown



COUNTY COMMISSIONER-COMPENSATION-HEALTH  INSURANCE-CONSTITUTIONALITY-County Commissioners' Ability
To Enact Midterm Increases To Their Own Health Benefits, Convert Their Health Benefits To Cash Payments, Or Increase
Cash Payments They Receive In Lieu Of Health Benefits

1.   If a county's health benefit plan is authorized by RCW 41.04.180, then RCW 41.04.190 provides that the county's costs
in that regard are not additional compensation to the employee that would otherwise implicate state constitutional
prohibitions on county commissioners' ability to increase their own compensation during their terms of office.

2.   Increases to cash payments made in lieu of health plan contributions are constitutionally prohibited.

3.   Midterm conversion of health benefits to equivalent value cash payments is likewise prohibited.



                                          April 9, 2025

The Honorable Shawn Sant

Franklin County Prosecuting Attorney                     Cite As:

1016 North 4th Avenue                                    AGO 2025 No. 1

Pasco, WA 99301

Dear Prosecutor Sant:

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