Revised Code of Washington - RCW Title 41 Public Employment, Civil Service, And Pensions - Chapter 41.35 Washington School Employees' Retirement System

41.35.005 Intent
The legislature recognizes that teachers and school district employees share the same educational work environment and academic calendar. It is the intent of the legislature ...

41.35.010 Definitions
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise. (1) "Retirement system" means the Washington school employees' retirement system ...

41.35.020 System created -- Administration
A retirement system is hereby created for the employees of school districts or educational service districts. The administration and management of the retirement system, the ...

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

41.35.033 Membership -- Service credit -- Substitute employees -- Rules
(1) A substitute employee who works five or more months of seventy or more hours for which earnable compensation is paid in a school year ...

41.35.040 Nonelective position held for at least nine months -- Deemed to be 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 ...

41.35.060 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 ...

41.35.070 Duty disability retirement recipients -- Continued service credit
Those members subject to this chapter who became disabled in the line of duty and who received or are receiving benefits under Title 51 RCW ...

41.35.080 Members agree to deductions
The deductions from the compensation of members, provided for in RCW 41.35.430, shall be made notwithstanding that the minimum compensation provided for by law for ...

41.35.090 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 ...

41.35.100 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 ...

41.35.110 Disability retirement -- Criminal conduct
A member shall not receive a disability retirement benefit under RCW 41.35.440 or 41.35.690 if the disability is the result of criminal conduct by the ...

41.35.115 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 ...

41.35.120 False statements -- Penalty
Any person who knowingly makes any false statements, or falsifies or permits to be falsified any record or records of this retirement system in any ...

41.35.130 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 was never reemployed by ...

41.35.140 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 ...

41.35.150 Hearing prior to appeal required -- Conduct of hearing
Following its receipt of a notice for hearing in accordance with RCW 41.35.140, a hearing shall be held by the director or a duly authorized ...

41.35.160 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.[1998 c 341 § 17.] ...

41.35.170 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 ...

41.35.180 Service credit -- Computation
(1) Except for any period prior to the member's employment in an eligible position, a plan 2 or plan 3 member who is employed by ...

41.35.183 Purchase of additional service credit -- Costs -- Rules
(1) A member eligible to retire under RCW 41.35.420 or 41.35.680 may, at the time of filing a written application for retirement with the department, ...

41.35.190 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 ...

41.35.200 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 ...

41.35.210 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 ...

41.35.220 Options for payment of retirement allowances -- Court-approved property settlement
(1) Upon retirement for service as prescribed in RCW 41.35.420 or 41.35.680 or retirement for disability under RCW 41.35.440 or 41.35.690, a member shall elect ...

41.35.230 Suspension of retirement allowance upon reemployment -- Exceptions -- Reinstatement
(1) Except as provided in RCW 41.35.060, no retiree under the provisions of plan 2 shall be eligible to receive such retiree's monthly retirement allowance ...

41.35.399 Provisions applicable to plan 2 and plan 3
RCW 41.35.005 through 41.35.230 apply to members of plan 2 and plan 3.[1998 c 341 § 25.] ...

41.35.400 Computation of 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 ...

41.35.410 Lump sum retirement allowance--Reentry -- Reinstatement of service
(1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary, subject to the provisions of subsection (5) of ...

41.35.420 Retirement eligibility
(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 ...

41.35.423 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 ...

41.35.430 Employer and member contribution rates
The required contribution rates to the retirement system for both members and employers shall be established by the director from time to time as may ...

41.35.440 Earned disability allowance -- 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 ...

41.35.450 Application for and effective date of retirement allowances
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.35.420, 41.35.440, or 41.35.460 shall be eligible to commence receiving ...

41.35.460 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, ...

41.35.470 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 as provided for ...

41.35.480 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 ...

41.35.490 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 ...

41.35.500 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 ...

41.35.510 Transfer to plan 3 -- Irrevocable option
(1) Every plan 2 member employed by an employer in an eligible position has the option to make an irrevocable transfer to plan 3. (2) ...

41.35.599 Provisions applicable to plan 2
RCW 41.35.400 through 41.35.510 apply only to plan 2 members.[1998 c 341 § 112.] ...

41.35.600 Provisions applicable to plan 3 -- Plan 3 elements
(1) RCW 41.35.600 through 41.35.720 apply only to plan 3 members. (2) Plan 3 consists of two separate elements: (a) A defined benefit portion covered ...

41.35.610 Choice of membership in plan 2 or plan 3
(1) All classified employees who first become employed by an employer in an eligible position on or after July 1, 2007, shall have a period ...

41.35.612 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 ...

41.35.620 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 ...

41.35.630 Additional payment
(1) Anyone who requests to transfer under RCW 41.35.510 before March 1, 2001, and establishes service credit for January 2001, shall have their member account ...

41.35.640 Application for and effective date of retirement allowances
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.35.680, 41.35.690, or 41.35.710 is eligible to commence receiving a ...

41.35.650 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 ...

41.35.660 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 ...

41.35.670 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 ...

41.35.680 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 ...

41.35.683 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 ...

41.35.690 Earned disability allowance -- 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 shall be eligible ...

41.35.700 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 ...

41.35.710 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 ...

41.35.720 Employer contribution rates
The required contribution rates to the retirement system for employers shall be established by the director from time to time as may be necessary upon ...

41.35.900 Benefits not contractual right until September 1, 2000
The benefits provided pursuant to chapter 341, Laws of 1998 are not provided to employees as a matter of contractual right prior to September 1, ...

41.35.901 Effective date -- 1998 c 341
Except for sections 303, 306 through 309, 404, 505, 507, 515, 701, 707, and 710 through 713 of this act, this act takes effect September ...