(dissenting) — I reluctantly dissent from the majority opinion. My reluctance is due to a strong personal desire to reach the result obtained by the majority, but I cannot agree that this court should ignore the plain and unequivocal language used by the legislature, thereby sub*250stituting our wishes and desires for the policy determination made by the legislature.
Mr. James D. McGinley commenced employment as a fireman for the City of Seattle on January 1, 1947. He was covered by the terms and provisions of the Firemen’s Relief and Pensions — 1947 Act (RCW 41.16). He continued in such employment until the time of his service connected disability retirement on February 26, 1961. In the interim, the legislature adopted the Firemen’s Relief and Pensions —1955 Act (RCW 41.18). By the terms of the 1955 act (RCW 41.18.160), Mr. McGinley could have continued to be covered under the 1947 act. However, he did not avail himself of this right. His coverage was transferred into the 1955 act and he continued to make contributions under the terms of the 1955 act.1
• The issue bringing this case before the courts was created by the change of definition of a child of a fireman. Under the terms of the 1947 act (RCW 41.16.010), a child is defined as “a child or children unmarried and un;der eighteen years of age.” The plaintiff children of Mr. Mc-Ginley are clearly beneficiaries under the 1947 act as thus defined. However, in enacting the 1955 act, the legislature added a further condition to the definition of a fireman’s child in stating that such child is one “-under the age of eighteen years, unmarried, and in the legal custody of such fireman at the time of his death.”
This difference in definition becomes pivotal in this case as Mr. McGinley and his wife were divorced on February 7, 1962. The divorce decree recited:
It is further ordered, adjudged and decreed that the plaintiff be and she is hereby awarded the care, custody ■and control of the two minor children, Patrick Daniel McGinley and Michael James McGinley, and the defendant be and he is hereby granted rights of reasonable visitation.
*251Under Bakenhus v. Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956), the rights of Mr. McGinley and the benefits to which he and his benficiaries were entitled became vested at the commencement of his employment. The legislature expressly recognized his right to continue under the 1947 act, but he did not choose to do so and was transferred to the 1955 act.
Mr. McGinley’s failure to stay within the 1947 act is understandable since the benefits to him upon retirement were considerably increased by the terms of the 1955 act. Had he stayed under the 1947 act, the maximum benefit he could receive was a monthly pension of $150. RCW 41.16.090. Under the 1955 act, Mr. McGinley was entitled to and was actually receiving a pension of $252.50 per month. RCW 41.18.040 and 41.18.050. Plaintiffs’ father was covered by and was receiving increased benefits under the 1955 act, by the terms of which the children of the deceased fireman —to be eligible as beneficiaries under the act — must be “■under the age of eighteen years, unmarried, and in the legal custody of such fireman at the time of his death.”
The majority opinion strives to reach a desirable result by retroactive use of the preamble of the 1969 act and reference to totally independent and nonapplicable pension systems of other public employees in the state. Even a cursory reading of the various and sundry pension and retirement systems of the State of Washington clearly shows a lack of uniformity and the exercise by the legislature of independent judgment and its consideration of the varying types of service performed by different employee groups of the state. Thus, to read legislative intent by the language of a totally independent and different pension system for some other class of public employee as being applicable to the Firemen’s Relief and Pensions — 1955 Act is not warranted.
When the. legislature amends a statute and a material change is made in the wording, it is presumed that the legislature intended a change in the law. Home Indem. Co. v. McClellan Motors, Inc., 77 Wn.2d 1, 459 P.2d 389 (1969); *252In re Bale, 63 Wn.2d 83, 385 P.2d 545 (1963). Every word in a. statute is to be given meaning, if possible, as a legislative body is presumed not to have used superfluous words. State v. Lundquist, 60 Wn.2d 397, 374 P.2d 246 (1962). The legislative inclusion of the last condition, to wit, “in the legal custody of such fireman at the time of his death” cannot be ignored and read out of the statute. A decree of divorce entered by a court of competent jurisdiction which gives to the mother of the children the exclusive “care, custody and control” of the children must, by any reasonable definition, place “legal custody” of such children in the mother and not in the father.
The judgment of the trial court should be affirmed.
Petition for rehearing denied April 21, 1972.
Mr. McGinley died January 26, 1968, so that it is obvious that under any theory of applicable statutes the terms of the 1969 Law-Enforcement Officers’ and Fire Fighters’ Retirement System Act (RCW 41.26) could not be the basis for relief.