Revised Code of Washington - RCW Title 41 Public Employment, Civil Service, And Pensions - Chapter 41.26 Law Enforcement Officers' And Firefighters' Retirement System

41.26.005 Provisions applicable to "plan 1" and "plan 2.
RCW 41.26.010 through 41.26.062 shall apply to members of plan 1 and plan 2.[1992 c 72 § 2; 1991 c 35 § 12; 1989 c ...

41.26.010 Short title
This chapter shall be known and cited as the "Washington Law Enforcement Officers' and Firefighters' Retirement System Act".[1969 ex.s. c 209 § 1.] ...

41.26.020 Purpose of chapter
The purpose of this chapter is to provide for an actuarial reserve system for the payment of death, disability, and retirement benefits to law enforcement ...

41.26.030 Definitions
As used in this chapter, unless a different meaning is plainly required by the context: (1) "Retirement system" means the "Washington law enforcement officers' and ...

41.26.035 "Minimum medical and health standards" defined
The term "minimum medical and health standards" means minimum medical and health standards adopted by the department under this chapter.[1991 c 35 § 14; 1971 ...

41.26.040 System created -- Membership -- Funds
The Washington law enforcement officers' and firefighters' retirement system is hereby created for firefighters and law enforcement officers. (1) Notwithstanding RCW 41.26.030(8), all firefighters and ...

41.26.045 Minimum medical and health standards
(1) Notwithstanding any other provision of law after February 19, 1974 no law enforcement officer or firefighter, may become eligible for coverage in the pension ...

41.26.046 Minimum medical and health standards -- Board to adopt -- Publication and distribution -- Employer certification procedures
By July 31, 1971, the *retirement board shall adopt minimum medical and health standards for membership coverage into the Washington law enforcement officers' and firefighters' ...

41.26.047 Minimum medical and health standards -- Exemptions -- Employer may adopt higher standards
Nothing in RCW 41.26.035, 41.26.045 and 41.26.046 shall apply to any firefighters or law enforcement officers who are employed as such on or before August ...

41.26.048 Special death benefit -- Death in the course of employment -- Death from disease or infection arising from employment
(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 ...

41.26.053 Exemption from judicial process, taxes -- Exceptions -- Deduction for insurance upon request
(1) Subject to subsections (2) and (3) of this section, the right of a person to a retirement allowance, disability allowance, or death benefit, to ...

41.26.056 No bond required on appeal to court
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 ...

41.26.057 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 ...

41.26.059 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 ...

41.26.061 Disability retirement -- Criminal conduct
A member shall not receive a disability retirement benefit under RCW 41.26.120, 41.26.125, 41.26.130, or 41.26.470 if the disability is the result of criminal conduct ...

41.26.062 Falsification -- Penalty
Any employer, member or beneficiary who shall knowingly make false statements or shall falsify or permit to be falsified any record or records of the ...

41.26.075 Provisions applicable to plan 1
RCW 41.26.080 through 41.26.3903 shall apply only to members of plan 1.[1992 c 72 § 3; 1991 c 35 § 101.]Notes: Intent -- 1991 c ...

41.26.080 Funding total liability of plan 1 system
(1) Except as set forth under subsection (2) of this section, the total liability of the plan 1 system shall be funded as follows: (a) ...

41.26.090 Retirement for service
Retirement of a member for service shall be made by the department as follows: (1) Any member having five or more service credit years of ...

41.26.100 Allowance on retirement for service
A member upon retirement for service shall receive a monthly retirement allowance computed according to his or her completed creditable service credit years of service ...

41.26.110 City and county disability boards authorized -- Composition -- Terms -- Reimbursement for travel expenses -- Duties
(1) All claims for disability shall be acted upon and either approved or disapproved by either type of disability board authorized to be created in ...

41.26.115 Director of retirement systems to adopt rules governing disability boards -- Remand of orders not in accordance with rules
(1) The director of retirement systems shall adopt rules, in accordance with chapter 34.05 RCW, under which each disability board shall execute its disability retirement ...

41.26.120 Retirement for disability incurred in the line of duty
Any member, regardless of age or years of service may be retired by the disability board, subject to approval by the director as hereinafter provided, ...

41.26.125 Retirement for disability not incurred in the line of duty
Any member, regardless of age or years of service, may be retired by the disability board, subject to approval by the director as provided in ...

41.26.130 Allowance on retirement for disability
(1) Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows: (a) A basic amount of fifty ...

41.26.135 Cessation of disability -- Determination
(1) A disabled member who believes that his or her disability has ceased in accordance with RCW 41.26.130(3) may make application to the disability board ...

41.26.140 Reexaminations of disability beneficiaries -- Reentry -- Appeal
(1) Upon the basis of reexaminations of members on disability retirement as provided in RCW 41.26.130, the disability board shall determine whether such disability beneficiary ...

41.26.150 Sickness or disability benefits -- Medical services
(1) Whenever any active member, or any member hereafter retired, on account of service, sickness, or disability, not caused or brought on by dissipation or ...

41.26.160 Death benefits -- Duty connected
(1) In the event of the duty connected death of any member who is in active service, or who has vested under the provisions of ...

41.26.161 Death benefits -- Nonduty connected
(1) In the event of the nonduty connected death of any member who is in active service, or who has vested under the provisions of ...

41.26.162 Ex spouse qualifying as surviving spouse
(1) An ex spouse of a law enforcement officers' and firefighters' retirement system retiree shall qualify as surviving spouse under RCW 41.26.160 or 41.26.161 if ...

41.26.164 Optional reduced retirement allowance -- Continues for spouse otherwise ineligible for survivor benefits
(1) No later than July 1, 2005, the department shall adopt rules to allow a member who meets the criteria set forth in subsection (2) ...

41.26.170 Refund of contributions on discontinuance of service -- Reentry
(1) Should service of a member be discontinued except by death, disability, or retirement, the member shall, upon application therefor, be paid the accumulated contributions ...

41.26.190 Credit for military service
Each person affected by this chapter who at the time of entering the armed services was a member of this system, and has honorably served ...

41.26.192 Credit for service under prior pension system -- Restoration of withdrawn contributions
If a member of plan 1 served as a law enforcement officer or firefighter under a prior pension system and that service is not creditable ...

41.26.194 Credit for service under prior pension system -- Service not covered under prior system
If a plan 1 member's prior service as a law enforcement officer or firefighter under a prior pension system is not creditable because, although employed ...

41.26.195 Transfer of service credit from other retirement system -- Irrevocable election allowed
Any member of the teachers' retirement system plans 1, 2, or 3, the public employees' retirement system plans 1, 2, or 3, the public safety ...

41.26.197 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 ...

41.26.199 Purchase of additional service credit -- Costs -- Rules
(1) A member eligible to retire under RCW 41.26.090 may, at the time of filing a written application for retirement with the department, apply to ...

41.26.200 Appeal to director of retirement systems
Any person feeling aggrieved by any order or determination of a disability board denying disability leave or disability retirement, or canceling a previously granted disability ...

41.26.211 Notice for hearing required prior to petitioning for judicial review
Any person aggrieved by any final decision of the director must, before petitioning for judicial review, file with the director of the retirement system by ...

41.26.221 Hearing -- Conduct
A hearing shall be held by the director, or the director's duly authorized representative, in the county of the residence of the claimant at a ...

41.26.240 Increases or decreases in retirement allowances to be determined by department in accordance with consumer price index
For purposes of this section: (1) "Index" shall mean, for any calendar year, that year's average Consumer Price Index -- Seattle, Washington area for urban ...

41.26.250 Increase in presently payable benefits for service or disability authorized
All benefits presently payable pursuant to the provisions of RCW 41.20.050, 41.20.060 and 41.20.080 as such RCW sections existed prior to the effective date of ...

41.26.260 Increase in certain presently payable death benefits authorized
All benefits presently payable pursuant to the provisions of RCW 41.20.085 which are not related to the amount of current salary attached to the position ...

41.26.270 Declaration of policy respecting benefits for injury or death -- Civil actions abolished
The legislature of the state of Washington hereby declares that the relationship between members of the law enforcement officers' and firefighters' retirement system and their ...

41.26.281 Cause of action for injury or death, when
If injury or death results to a member from the intentional or negligent act or omission of a member's governmental employer, the member, the widow, ...

41.26.3901 Severability -- 1969 ex.s. c 209
If any provision of *this 1969 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or ...

41.26.3902 Act to control inconsistencies
To the extent that the provisions of *this 1969 amendatory act are inconsistent with the provisions of any other law, the provisions of *this 1969 ...

41.26.3903 Effective date -- 1969 ex.s. c 209
*This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its ...

41.26.410 Provisions applicable to plan 2
RCW 41.26.420 through 41.26.550 shall apply only to plan 2 members.[1991 c 35 § 29; 1977 ex.s. c 294 § 2.]Notes: Intent -- 1991 c ...

41.26.420 Computation of the retirement allowance
Except as provided in RCW 41.26.530, a member of the retirement system shall receive a retirement allowance equal to two percent of such member's final ...

41.26.425 Lump sum retirement allowance -- Reentry -- Conditions for reinstatement of service
(1) On or after June 10, 1982, the director may pay a beneficiary, subject to the provisions of subsection (5) of this section, a lump ...

41.26.430 Retirement for service
(1) NORMAL RETIREMENT. Any member with at least five service credit years of service who has attained at least age fifty-three shall be eligible to ...

41.26.432 Additional service credit purchase -- Rules
(1) A member eligible to retire under RCW 41.26.430 may, at the time of filing a written application for retirement with the department, apply to ...

41.26.440 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 ...

41.26.450 Port districts and institutions of higher education -- Must make both employer and state contributions
Port districts established under Title 53 RCW and institutions of higher education as defined in RCW 28B.10.016 shall contribute both the employer and state shares ...

41.26.460 Options for payment of retirement allowances -- Retirement allowance adjustment -- Court-approved property settlement
(1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement under RCW 41.26.470, a member shall elect to have the retirement allowance ...

41.26.470 Earned disability allowance -- Cancellation of allowance -- Reentry -- Receipt of service credit while disabled -- Conditions -- Disposition upon death of recipient--Disabled in the line of duty -- Total disability
(1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the director shall be eligible ...

41.26.473 Disabled in the line of duty -- Continuation of service credit -- Conditions
Those members subject to this chapter who became disabled in the line of duty on or after July 1, 2002, and who received or are ...

41.26.480 Industrial insurance
Notwithstanding any other provision of law, members shall be eligible for industrial insurance as provided by Title 51 RCW, as now or hereafter amended, and ...

41.26.490 Application for and effective date of retirement allowances
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.26.430, 41.26.470, or 41.26.510 shall be eligible to commence receiving ...

41.26.500 Suspension of retirement allowance upon reemployment -- Reinstatement -- Option to enter into membership
(1) Except under subsection (3) of this section, a retiree under the provisions of plan 2 shall not be eligible to receive such retiree's monthly ...

41.26.510 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, ...

41.26.520 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 ...

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

41.26.540 Refund of contributions on termination
(1)(a) A member who has completed less than ten years of service, who ceases to be an employee of an employer except by service or ...

41.26.547 Emergency medical technicians -- Job relocation -- Retirement options
(1) A member of plan 2 who was a member of the public employees' retirement system while employed providing emergency medical services for a city, ...

41.26.550 Reentry
(1) A member, who had left service and withdrawn the member's funds pursuant to RCW 41.26.540, shall receive service credit for such prior service if ...

41.26.700 Overview -- Intent
The law enforcement officers' and firefighters' retirement system plan 2 is currently subject to policymaking by the legislature's joint committee on pension policy with ratification ...

41.26.705 Intent -- 2003 c 2
It is the intent of chapter 2, Laws of 2003 to: (1) Establish a board of trustees responsible for the adoption of actuarial standards to ...

41.26.710 Definitions
The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise. (1) "Member" or "beneficiary" means: (a) Current and future law ...

41.26.715 Board of trustees -- Created -- Selection of trustees -- Terms of office -- Vacancies
(1) An eleven member board of trustees is hereby created. (a) Before January 1, 2007, three of the board members shall be active law enforcement ...

41.26.7151 Board of trustees -- Political party representation
The legislative board members appointed under RCW 41.26.715 must include one member from the two largest political parties. The speaker of the house of representatives ...

41.26.717 Additional duties and powers of board
The law enforcement officers' and firefighters' plan 2 retirement board established in section 4, chapter 2, Laws of 2003 has the following duties and powers ...

41.26.720 Board of trustees -- Powers -- Meeting procedures -- Quorum -- Judicial review -- Budget
(1) The board of trustees have the following powers and duties and shall: (a) Adopt actuarial tables, assumptions, and cost methodologies in consultation with an ...

41.26.725 Board of trustees -- Contributions -- Minimum and increased benefits
(1) The board of trustees shall establish contributions as set forth in this section. The cost of the minimum benefits as defined in this plan ...

41.26.730 Joint committee on pension policy -- Pension funding council
The joint committee on pension policy established in *RCW 44.44.050, and the pension funding council created in RCW 41.45.100, shall have no applicability or authority ...

41.26.732 Plan 2 expense fund -- Board oversight and administration -- State investment board
(1) A law enforcement officers' and firefighters' retirement system plan 2 expense fund is created within the law enforcement officers' and firefighters' retirement system plan ...

41.26.735 Asset management
Assets of the plan shall be managed by the state investment board as provided by law.[2003 c 2 § 8 (Initiative Measure No. 790, approved ...

41.26.740 Reimbursement for expenses
All expenses of the department and the office of the state actuary related to the implementation of chapter 2, Laws of 2003 shall be reimbursed ...

41.26.800 Local public safety enhancement account -- Creation -- Distribution -- Uses
The local public safety enhancement account is created in the state treasury. Moneys in the account may be spent only after appropriation. All receipts from ...

41.26.802 Local public safety enhancement account -- Transfers into account
(1) By September 30, 2011, if the prior fiscal biennium's general state revenues exceed the previous fiscal biennium's revenues by more than five percent, subject ...

41.26.805 Local law enforcement officers' and firefighters' retirement system benefits improvement account -- Creation -- Use -- Administration -- Investments
(1) The local law enforcement officers' and firefighters' retirement system benefits improvement account (benefits account) is created within the law enforcement officers' and firefighters' retirement ...

41.26.901 Severability -- 1977 ex.s. c 294
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 ...

41.26.902 Severability -- 2003 c 2
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

41.26.903 Captions not law -- 2003 c 2
Captions used in this act are not any part of the law.[2003 c 2 § 10 (Initiative Measure No. 790, approved November 5, 2002).] ...

41.26.904 Effective date -- 2003 c 2
Except for section 11 of this act, the remainder of this act takes effect July 1, 2003.[2003 c 2 § 13 (Initiative Measure No. 790, ...

41.26.905 Severability -- 2003 c 92
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

41.26.906 Effective date -- 2003 c 92
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public ...

41.26.921 Effective date -- 1977 ex.s. c 294
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 ...