b.
Qualified Pension Plan
The WCRP also participates in a defined contribution pension plan created in accordance with Internal Revenue Code
Section 401(a). This plan is with the International City/County Management Association (ICMA). Employer contributions
to the Qualified Pension Plan for the years ended September 30, 2014 and 2013 were $41,843 and $41,523, respectively.
There are no employee contributions to this plan.
NOTE 12 - DEFERRED COMPENSATION PLANS
The WCRP offers its employees a choice of three deferred compensation plans created in accordance with Section 457 of the
Internal Revenue Code. The plans are with the International City/County Management Association (ICMA), the Washington
State Department of Retirement, and Nationwide Retirement Solutions (NRS). The plans, available to all eligible employees,
permit them to defer a portion of their wages until future years. The deferred compensation is not available to contributing
employees until their termination, retirement, death, or unforeseeable emergency.
In 1998, the NRS and ICMA Deferred Compensation Program plans’ assets were placed into trust for the exclusive benefit of
participants and their beneficiaries. Pursuant to Governmental Accounting Standards Board (GASB) Statement 32, and since
the WCRP is no longer the owner of these assets, these plans’ assets and liabilities are no longer reported in the WCRP
financial statements.
NOTE 13 – SUBSEQUENT EVENTS
Coverage and Assignment of Rights Disputes – Davis/Northrop v. Clark County/Slagle: Clark County is a former
Member County of the Washington Counties Risk Pool (“WCRP” or “Pool”), having joined effective July 10, 2002 then
having its membership cancelled by the Pool’s Board of Directors effective April 29, 2014. On August 25, 2012, plaintiffs
Larry Davis and Alan Northrop filed a lawsuit against Clark County and its former sheriff’s detective Donald Slagle
(“Underlying Lawsuit”). On November 12, 2012, after comparing the allegations in the complaint to the terms and
conditions of the coverage afforded in the Joint Self-Insurance Liability Policy (“JSILP”) portrayed as applicable, the Pool
denied Clark County and its former employee coverage. Following the appeal procedure required by the Pool’s By-Laws,
Clark County and Slagle appealed the initial (Claims Manager’s) coverage denial to the Pool’s Executive Director. On
January 3, 2013, the Executive Director issued his decision affirming the initial coverage denial. Again following the
Bylaw’s appeal procedure on February 1, 2013, Clark County and Slagle appealed the coverage denial to the Executive
Committee of the Pool’s Board of Directors. On March 8, 2013, following a hearing held on Clark County and Slagle’s
appeal, the Executive Committee voted to affirm the coverage denial. The Executive Committee’s written decision was
issued on March 18, 2013.
Plaintiffs Davis and Northrop amended the lawsuit against Clark County and former sheriff’s detective Donald Slagle, which
was filed June 7, 2013 (“Amended Complaint”). On July 8 or 15, 2013, Clark County and Slagle tendered the Amended
Complaint to the Pool. On July 29, 2013, after comparing the allegations in the Amended Complaint to the terms and
conditions of the coverage afforded in the JSILP communicated as applicable, the Pool denied coverage for Clark County and
its former employee Donald Slagle. On August 23, 2013, and pursuant to the appeal procedure in the Pool’s By-laws, Clark
County and Slagle again appealed the initial (Claims Manager’s) coverage denial as to the allegations in the Amended
Complaint to the Pool’s Executive Director. On September 13, 2013, the Executive Director issued his decision affirming the
initial coverage denial. On October 12, 2013, Clark County and Slagle appealed the Executive Director’s decision pursuant
to the Bylaw’s appeal procedure to the Executive Committee of the WCRP Board of Directors. On November 1, 2013,
following another hearing before the Executive Committee on Clark County and Slagle’s new appeal, the Executive
Committee voted to affirm the coverage denial and issued its written decision in support of this action.
On September 27, 2013, Clark County and Slagle agreed to a settlement with plaintiffs Davis and Northrop which was
memorialized pursuant to Washington Court Rule 2A. Under the terms of the settlement, the defendants agreed to pay each
of the plaintiffs $5.25 million and to enter into a stipulated judgment and assignment of rights against defendants’ “insurers”,
including without limitation, the WCRP, in the amount of $17.25 million to each plaintiff. The plaintiffs agreed not to
execute against Clark County and Slagle above the $5.25 million payments. On October 23, 2013, Clark County and Donald
Slagle, and Davis and Northrop, entered into a formal Agreement memorializing the terms of the CR 2A agreement. On
October 30, 2013, the United States District Court in the Underlying Lawsuit entered a judgment against Clark County and
Slagle in favor of Davis and Northrop in the amount of $34.5 million. On December 19, 2013, the United States District
Court declined to exercise jurisdiction over Davis and Northrop’s request in the Underlying Lawsuit that the court determine
that the $34.5 million Judgment was reasonable.
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Washington State Auditor's Office
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