Revised Code of Washington - RCW Title 41 Public Employment, Civil Service, And Pensions - Chapter 41.40 Washington Public Employees' Retirement System

41.40.005 Provisions applicable to "plan 1," "plan 2," and "plan 3.
RCW 41.40.010 through *41.40.112 shall apply to members of plan 1, plan 2, and plan 3.[2000 c 247 § 101; 1992 c 72 § 8; ...

41.40.010 Definitions
As used in this chapter, unless a different meaning is plainly required by the context: (1) "Retirement system" means the public employees' retirement system provided ...

41.40.020 System created -- Administration
A state employees' retirement system is hereby created for the employees of the state of Washington and its political subdivisions. The administration and management of ...

41.40.023 Membership
Membership in the retirement system shall consist of all regularly compensated employees and appointive and elective officials of employers, as defined in this chapter, with ...

41.40.028 Nonelective position employees employed for at least nine months -- Deemed in eligible position, when
Any person who has been employed in a nonelective position for at least nine months and who has made member contributions required under this chapter ...

41.40.034 Purchase of additional service credit -- Costs -- Rules
(1) A member eligible to retire under RCW 41.40.180, 41.40.630, or 41.40.820 may, at the time of filing a written application for retirement with the ...

41.40.035 Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials
(1) No person appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such ...

41.40.037 Service by retirees--Reduction of retirement allowance upon reemployment -- Reestablishment of membership
(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance ...

41.40.038 Duty disability retirement recipients -- Continued service credit
Those members subject to this chapter who became disabled in the line of duty on or after March 27, 1984, and who received or are ...

41.40.042 Members agree to deductions
The deductions from the compensation of members, provided for in RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall be made notwithstanding that the minimum compensation provided ...

41.40.048 Employer's contribution -- Computation -- Billing
(1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable. (2) Beginning September ...

41.40.052 Exemption from taxation and judicial process -- Exceptions -- Assignability -- Deductions authorized
(1) Subject to subsections (2) and (3) of this section, the right of a person to a pension, an annuity, or retirement allowance, any optional ...

41.40.054 Disability retirement -- Criminal conduct
A member shall not receive a disability retirement benefit under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235, 41.40.250, 41.40.670, or 41.40.825 if the disability is the result ...

41.40.055 Penalty for false statements
Any person who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this retirement system ...

41.40.056 Establishment of service credit -- Former employees -- Employers admitted before July 23, 1995
Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before July 23, 1995, membership service may be established for ...

41.40.057 Establishment of service credit -- Current and former employees -- Employers admitted after July 23, 1995
(1) This section applies to the establishment of membership service with employers admitted to the retirement system after July 23, 1995. (2) For current employees, ...

41.40.058 Transfer of service credit from statewide city employees' retirement system
(1) Any person who was a member of the statewide city employees' retirement system governed by chapter 41.44 RCW and who also became a member ...

41.40.059 Credit for service in Seattle's police relief and pension fund system
Any active member of this retirement system who has previously established ten or more years' service credit in the city of Seattle's police relief and ...

41.40.061 Credit for service in Seattle's police relief and pension fund system -- Terms and conditions
(1) A member who fulfills the requirements of RCW 41.40.059 may file a written declaration no later than September 30, 1992, with the department and ...

41.40.062 Optional entry of system by political subdivisions or associations of political subdivisions -- Procedure -- School districts declared employers and eligible employees members of system -- Exception
(1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the ...

41.40.068 Hearing prior to appeal -- Required -- Notice
Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges must before he or she appeals to ...

41.40.073 Hearing prior to appeal -- Conduct of hearing
Following its receipt of a notice for hearing in accordance with RCW 41.40.068, a hearing shall be held by the director or a duly authorized ...

41.40.078 Judicial review in accordance with administrative procedure act
Judicial review of any final decision and order by the director is governed by the provisions of chapter 34.05 RCW.[1989 c 175 § 88; 1969 ...

41.40.082 Appeal -- No bond required
No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from ...

41.40.088 Education employment -- Service credit -- Computation
(1) A plan 1 member who is employed by a school district or districts, an educational service district, the state school for the deaf, the ...

41.40.092 Transfer of cadet service credit to Washington state patrol retirement system
(1) Active members of the Washington state patrol retirement system who have previously established service credit in the public employees' retirement system, plan 1 or ...

41.40.0931 Death benefit -- Course of employment as a police officer -- Occupational disease or infection
(1) A one hundred fifty thousand dollar death benefit for members who had the opportunity to transfer to the law enforcement officers' and firefighters' retirement ...

41.40.0932 Death benefit--Course of employment -- Occupational disease or infection
(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as ...

41.40.095 Transfer of membership from judicial retirement system
(1) Any member of the Washington judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter shall ...

41.40.096 Law enforcement officers -- Dual membership -- Plan 1 exception
(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 on or before January 1, 2003, and ...

41.40.098 Transfer of former service from judicial retirement system
A former member of the Washington judicial retirement system who: (1) Is not serving as a judge on July 1, 1988; (2) has not retired ...

41.40.102 Effect of certain accumulated vacation leave on retirement benefits
RCW 43.01.044 shall not result in any increase in retirement benefits. The rights extended to state officers and employees under RCW 43.01.044 are not intended ...

41.40.103 Benefit calculation -- Limitation
(1) The annual compensation taken into account in calculating retiree benefits under this system shall not exceed the limits imposed by section 401(a)(17) of the ...

41.40.104 Establishing, restoring service credit
Notwithstanding any provision to the contrary, persons who fail to: (1) Establish allowable membership service not previously credited; (2) Restore all or a part of ...

41.40.105 Chapter not applicable to officers and employees of state convention and trade center
The provisions of this chapter shall not be applicable to the officers and employees of the nonprofit corporation formed under chapter 67.40 RCW.[1984 c 210 ...

41.40.108 Higher education classified employees -- Membership in the public employees' retirement system
(1) All classified employees employed by Washington State University on and after April 24, 1973, and otherwise eligible shall become members of the Washington public ...

41.40.109 Retirement system employer -- Termination of status
(1) Employers that are organized pursuant to chapter 36.100, 36.102, or 81.112 RCW, who have become retirement system employers since 1993, and who have previously ...

41.40.111 Retirement system employer -- Unit of government
(1) When a unit of government has become a retirement system employer, all of its employees must be included in the plan membership, if otherwise ...

41.40.113 Public safety employees' retirement system -- Election -- Membership
(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 before July 1, 2006, and on July ...

41.40.124 Discontinuing judicial retirement account plan contributions -- Additional benefit -- One-time irrevocable election -- Justices and judges
(1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or plan 2 employed as a supreme court justice, court of ...

41.40.127 Additional benefit for district or municipal court judges -- One-time irrevocable election
(1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or plan 2 employed as a district court judge or municipal ...

41.40.145 Provisions applicable to plan 1
RCW 41.40.150 through 41.40.363 shall apply only to members of plan 1.[1992 c 72 § 9; 1991 c 35 § 105.]Notes: Intent -- 1991 c ...

41.40.150 Termination of membership -- Restoration of service credit
Should any member die, or should the individual separate or be separated from service without leave of absence before attaining age sixty years, or should ...

41.40.160 Creditable service
(1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if ...

41.40.163 Purchase of service credit -- Service at Washington State University
Notwithstanding any provision to the contrary, employees of Washington State University who first established membership in the public employees' retirement system plan 1 under *RCW ...

41.40.170 Credit for military service
(1) A member who has served or shall serve on active federal service in the military or naval forces of the United States and who ...

41.40.175 Service credit for paid leave of absence -- Application to elected officials of labor organizations
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under ...

41.40.180 Retirement -- Length of service
(1) Any member with five years of creditable service who has attained age sixty and any original member who has attained age sixty may retire ...

41.40.183 Annual increase amount -- Legislature's rights reserved
(1) Beginning July 1, 2009, the annual increase amount as defined in RCW 41.40.010(41) shall be increased by an amount equal to $0.40 per month ...

41.40.185 Retirement allowances -- Members retiring after February 25, 1972
Upon retirement from service, as provided for in RCW 41.40.180 or 41.40.210, a member shall be eligible for a service retirement allowance computed on the ...

41.40.188 Retirement allowance -- Options -- Retirement allowance adjustment -- Court-approved property settlement
(1) Upon retirement for service as prescribed in RCW 41.40.180 or retirement for disability under RCW 41.40.210 or 41.40.230, a member shall elect to have ...

41.40.189 Retirement allowance -- Adjustment eligibility
(1) A retiree who receives state-funded long-term care services on or after June 1, 1998, is not eligible for the increase provided by section 8, ...

41.40.190 Retirement allowance -- In lieu of allowance provided in RCW 41.40.185
In lieu of the retirement allowance provided in RCW 41.40.185, an individual employed on or before April 25, 1973 may, after complying with RCW 41.40.180 ...

41.40.191 Retirement allowance -- Members with thirty years of service -- Irrevocable election
A member may make the irrevocable election under this section no later than six months after attaining thirty years of service. The election shall become ...

41.40.193 Dates upon which retirement allowances accrue
Retirement allowances paid to members eligible to retire under the provisions of RCW 41.40.180, 41.40.200, 41.40.210, 41.40.220, 41.40.230, and 41.40.250 shall accrue from the first ...

41.40.197 Retirement allowance -- Annual increases -- Eligibility
(1) Beginning July 1, 1995, and annually thereafter, the retirement allowance of a person meeting the requirements of this section shall be increased by the ...

41.40.1971 Definition -- "Beneficiary.
For the purposes of RCW 41.40.197, 41.40.1984, and 41.40.1986, "beneficiary" means a beneficiary under RCW 41.40.010 or 41.44.030, or both RCW 41.40.010 and 41.44.030.[1995 c ...

41.40.1984 Minimum retirement allowance -- Annual adjustment -- Persons who become beneficiaries after June 30, 1995
(1) Except as provided in subsections (4) and (5) of this section, no one who becomes a beneficiary after June 30, 1995, shall receive a ...

41.40.1985 Permanent retirement allowance adjustment
The dollar amount of the temporary postretirement allowance adjustment granted by section 1, chapter 519, Laws of 1993 shall be provided as a permanent retirement ...

41.40.1986 Permanent increase for specified beneficiaries age seventy or over
(1) The amount of the July 1, 1993, increase to the retirement allowance of beneficiaries under this chapter as a result of the temporary adjustment ...

41.40.200 Retirement for disability in line of duty -- Applicability to certain judges
(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who becomes totally ...

41.40.210 Duty disability retirement allowance for disability after age sixty
Upon retirement for disability, as provided in RCW 41.40.200, a member who has attained age sixty, regardless of his creditable service shall receive a service ...

41.40.220 Allowance on retirement for duty disability -- Before sixty
Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age sixty shall receive the following benefits, subject to the ...

41.40.230 Nonduty disability -- Applicability to certain judges
(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who has been ...

41.40.235 Nonduty disability retirement allowance -- Amount -- Maximum -- Death benefit
(1) Upon retirement, a member shall receive a nonduty disability retirement allowance equal to two percent of average final compensation for each service credit year ...

41.40.250 Allowance on retirement for nonduty disability -- Election
An individual who was a member on February 25, 1972, may upon qualifying pursuant to RCW 41.40.230, make an irrevocable election to receive the nonduty ...

41.40.260 Withdrawal from system -- Refund of contributions -- Waiver of allowance, when
Subject to the provisions of RCW 41.40.280, should a member cease to be an employee, he or she may request upon a form provided by ...

41.40.262 Elected officials -- Restoration of withdrawn contributions
Any active member or separated member who was not eligible to restore contributions under section 3, chapter 317, Laws of 1986, solely because he or ...

41.40.270 Death before retirement or within sixty days following application for disability retirement -- Payment of contributions to nominee, surviving spouse, or legal representative -- Waiver of payment, effect -- Benefits
(1) Except as specified in subsection (4) of this section, should a member die before the date of retirement the amount of the accumulated contributions ...

41.40.280 Department may withhold refunds of contributions
The department may, in its discretion, withhold payment of all or part of a member's contributions for not more than six months after a member ...

41.40.300 Benefits offset by workers' compensation or similar benefits
Any amounts which may be paid or payable under the provisions of any workers' compensation, or pension, or similar law on account of any disability ...

41.40.310 Periodical examination of disability beneficiaries -- Benefits upon resumption of gainful employment
Once each year during the first five years following the retirement of a member on a disability pension or retirement allowance, and at least once ...

41.40.320 Disability beneficiary -- Restoration to service
A disability beneficiary who has been or shall be reinstated to active service shall from the date of restoration again become a member of the ...

41.40.330 Contributions
(1) Each employee who is a member of the retirement system shall contribute six percent of his or her total compensation earnable. Effective January 1, ...

41.40.363 Employer's contributions -- Labor guild, association or organization
Any labor guild, association, or organization qualifying as an employer under this chapter and which is required to make contributions for an elective official qualifying ...

41.40.404 Justices or judges retirement allowance -- In lieu of RCW 41.40.185
(1) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a supreme court justice, court of appeals ...

41.40.408 District or municipal court judges retirement allowances -- In lieu of RCW 41.40.185
(1) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a district court judge or municipal court ...

41.40.610 Provisions applicable to plan 2
RCW 41.40.620 through 41.40.750 shall apply only to plan 2 members.[2000 c 247 § 201; 1991 c 35 § 97; 1977 ex.s. c 295 § ...

41.40.620 Computation of the retirement allowance
A member of the retirement system shall receive a retirement allowance equal to two percent of such member's average final compensation for each service credit ...

41.40.625 Lump sum retirement allowance -- Reentry -- Conditions for reinstatement of service
(1) On or after June 10, 1982, the director may pay a member eligible to receive a retirement allowance or the member's beneficiary, subject to ...

41.40.630 Retirement for service
(1) NORMAL RETIREMENT. Any member with at least five service credit years who has attained at least age sixty-five shall be eligible to retire and ...

41.40.633 Member with terminal illness -- Removal from system
(1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed from the system subject to the following ...

41.40.640 Post-retirement cost-of-living
Beginning July 1, 1979, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has ...

41.40.660 Options for payment of retirement allowances -- Retirement allowance adjustment -- Court-approved property settlement
(1) Upon retirement for service as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have the retirement ...

41.40.670 Earned disability allowance -- Applicability to certain judges -- Disposition upon death of recipient
(1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department upon recommendation of ...

41.40.680 Application for and effective date of retirement allowances
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.40.630, 41.40.670, or 41.40.700 shall be eligible to commence receiving ...

41.40.690 Suspension of retirement allowance upon reemployment -- Exceptions -- Reinstatement
(1) Except as provided in RCW 41.40.037, no retiree under the provisions of plan 2 shall be eligible to receive such retiree's monthly retirement allowance ...

41.40.700 Death benefits
(1) Except as provided in RCW 11.07.010, if a member or a vested member who has not completed at least ten years of service dies, ...

41.40.710 Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for ...

41.40.720 Vested membership
A member who separates or has separated after having completed at least five years of service may remain a member during the period of such ...

41.40.730 Refund of contributions
A member who ceases to be an employee of an employer except by service or disability retirement may request a refund of the member's accumulated ...

41.40.740 Reentry
(1) A member, who had left service and withdrawn the member's accumulated contributions, shall receive service credit for such prior service if the member restores ...

41.40.748 Commercial vehicle enforcement officers -- Limited optional transfer to Washington state patrol retirement system
(1) Active members of the Washington state patrol retirement system who have previously established service credit in the public employees' retirement system plan 2 while ...

41.40.750 Transfer of membership and service credit -- Restoration of contributions and service credit
(1) Effective September 1, 2000, the membership of all plan 2 members currently employed in eligible positions in a school district or educational service district ...

41.40.760 End of participation in judicial retirement account plan -- Newly elected or appointed judges or justices
(1) Beginning January 1, 2007, any newly elected or appointed supreme court justice, court of appeals judge, or superior court judge shall not participate in ...

41.40.763 End of participation in chapter 41.28 RCW -- Newly elected or appointed judges
(1) Beginning January 1, 2007, any newly elected or appointed district court judge or municipal court judge, who is not eligible for membership under chapter ...

41.40.767 Justices or judges retirement allowance -- In lieu of RCW 41.40.620
(1) In lieu of the retirement allowance provided under RCW 41.40.620, the retirement allowance payable for service as a supreme court justice, court of appeals ...

41.40.770 District or municipal court judges retirement allowance -- In lieu of RCW 41.40.620
(1) In lieu of the retirement allowance provided under RCW 41.40.620, the retirement allowance payable for service as a district court judge or municipal court ...

41.40.780 Provisions applicable to plan 3 -- Plan 3 elements
(1) RCW 41.40.780 through 41.40.850 and 41.40.930 apply only to plan 3 members. (2) Plan 3 consists of two separate elements: (a) A defined benefit ...

41.40.785 Membership in plan 2 or plan 3 -- Irrevocable choice -- Default to plan 3
(1) All employees who first become employed by an employer in an eligible position on or after March 1, 2002, for state agencies or institutes ...

41.40.787 Right to waive benefit -- Irrevocable choice
Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable choice to waive all rights to a benefit under ...

41.40.790 Computation of retirement allowance
(1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service ...

41.40.795 Transfer period and basis -- Additional transfer payment
(1) As used in this section, unless the context clearly requires otherwise: (a) "Transfer period" means the time during which a member of one of ...

41.40.801 Application for and effective date of retirement allowances
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.40.820, 41.40.825, or 41.40.835 is eligible to commence receiving a ...

41.40.805 Leaves of absence -- Military service
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit. (2) A member ...

41.40.811 Purchased service credit -- Allocation
(1) Contributions on behalf of the employer paid by the employee to purchase plan 3 service credit shall be allocated to the defined benefit portion ...

41.40.815 Lump sum payments -- Reentry
(1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary a lump sum payment in lieu of a ...

41.40.820 Retirement eligibility
(1) NORMAL RETIREMENT. Any member who is at least age sixty-five and who has: (a) Completed ten service credit years; or (b) Completed five service ...

41.40.823 Member with terminal illness -- Removal from system
(1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed from membership in the system subject to ...

41.40.825 Disability allowance -- Death of recipient
(1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department shall be eligible ...

41.40.830 Restored, purchased service credit under plan 2 -- Transfer to plan 3
(1) Any member who elects to transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the ...

41.40.835 Death benefits
(1) If a member dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in ...

41.40.840 Postretirement cost-of-living
Beginning July 1, 1979, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has ...

41.40.845 Options for payment of retirement allowances -- Court-approved property settlement
(1) Upon retirement for service as prescribed in RCW 41.40.820 or retirement for disability under RCW 41.40.825, a member shall elect to have the retirement ...

41.40.850 Suspension of retirement allowance upon reemployment -- Exception -- Reinstatement
(1) Except as provided in RCW 41.40.037, no retiree under the provisions of plan 3 shall be eligible to receive such retiree's monthly retirement allowance ...

41.40.870 Discontinuing judicial retirement account plan contributions -- Additional benefit -- One-time irrevocable election -- Justices and judges
(1) Between January 1, 2007, and December 31, 2007, a member of plan 3 employed as a supreme court justice, court of appeals judge, or ...

41.40.873 Additional benefit for district or municipal court judges -- One-time irrevocable election
(1) Between January 1, 2007, and December 31, 2007, a member of plan 3 employed as a district court judge or municipal court judge may ...

41.40.877 Justices or judges retirement allowance -- In lieu of RCW 41.40.790
In lieu of the retirement allowance provided under RCW 41.40.790, the retirement allowance payable for service as a supreme court justice, court of appeals judge, ...

41.40.880 District or municipal court judges retirement allowance -- In lieu of RCW 41.40.790
In lieu of the retirement allowance provided under RCW 41.40.790, the retirement allowance payable for service as a district court judge or municipal court judge, ...

41.40.900 Severability -- 1977 ex.s. c 295
If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or ...

41.40.920 Effective date -- 1977 ex.s. c 295
This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its ...

41.40.930 Benefits not contractual right until March 1, 2002
The benefits provided pursuant to chapter 247, Laws of 2000 are not provided to employees as a matter of contractual right prior to March 1, ...

41.40.931 Effective dates -- 2000 c 247
(1) Except for sections 408 and 901 through 906 of this act, this act takes effect March 1, 2002. (2) Section 408 of this act ...

41.40.932 Subchapter headings not law -- 2000 c 247
Subchapter headings in this act are not any part of the law.[2000 c 247 § 1202.] ...