Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.26.005 Provisions applicable to "plan 1" and "plan 2."
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***RCW 41.26.010 through 41.26.062 shall apply to members of plan 1 and plan 2.[ 1992 c 72 s 2; 1991 c 35 s 12; 1989 c 273 s 10; 1985 c 102 s 5; 1979 ex.s. c 249 s 1; 1977 ex.s. c 294 s 18.]Notes:Recodification ratified—Correction of statut…
RCW 41.26.010 Short title.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***This chapter shall be known and cited as the "Washington Law Enforcement Officers' and Firefighters' Retirement System Act."[ 1969 ex.s. c 209 s 1.]
RCW 41.26.020 Purpose of chapter.
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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 officers and firefighters, and to beneficiaries of such employees, thereby enabling such employees to provide for themselves …
RCW 41.26.030 Definitions.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***As used in this chapter, unless a different meaning is plainly required by the context:(1) "Accumulated contributions" means the employee's contributions made by a member, including any amount paid under RCW 41.50.165(2), plus accrued in…
RCW 41.26.035 "Minimum medical and health standards" defined.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***The term "minimum medical and health standards" means minimum medical and health standards adopted by the department under this chapter.[ 1991 c 35 s 14; 1971 ex.s. c 257 s 2.]Notes:Intent—1991 c 35: See note following RCW 41.26.005.Purp…
RCW 41.26.040 System created—Membership—Funds.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***The Washington law enforcement officers' and firefighters' retirement system is hereby created for firefighters and law enforcement officers.(1) Notwithstanding *RCW 41.26.030(20), all firefighters and law enforcement officers employed a…
RCW 41.26.045 Minimum medical and health standards.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 system established by this chapter, until the individual has met and has be…
RCW 41.26.046 Minimum medical and health standards—Board to adopt—Publication and distribution—Employer certification procedures.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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' retirement system act. In adopting such standards the *retir…
RCW 41.26.047 Minimum medical and health standards—Exemptions—Employer may adopt higher standards.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 1, 1971, as long as they continue in such employment; nor to promotional appointme…
RCW 41.26.048 Special death benefit—Death in the course of employment—Death from disease or infection arising from employment—Annual adjustment.
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(1) A two hundred fourteen thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated pe…
RCW 41.26.053 Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.
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*** CHANGE IN 2026 *** (SEE 6346-S.SL) ***(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 the return of accumulated contributions, the retirement, disability or death allowance its…
RCW 41.26.056 No bond required on appeal to court.
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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 a decision of the director affecting such claimant's right to retirement or disability benefits.[ 1984 c 184 s 18; 1971 c 81 s 103; 1969 ex.s. c 20…
RCW 41.26.057 Benefit calculation—Limitation.
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(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 federal internal revenue code for qualified trusts.(2) The department shall adopt rules as necessary to implement this…
RCW 41.26.059 Establishing, restoring service credit.
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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 that previously credited membership service represented by withdrawn contributions; or(3) Restore service credit repr…
RCW 41.26.061 Disability retirement—Criminal conduct.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 by the member committed after April 21, 1997.[ 1997 c 103 s 1.]Notes:S…
RCW 41.26.062 Falsification—Penalty.
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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 retirement system in an attempt to defraud the retirement system, is guilty of a class B felony punishable according to chapter 9A…
RCW 41.26.075 Provisions applicable to plan 1.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***RCW 41.26.080 through 41.26.3903 shall apply only to members of plan 1.[ 1992 c 72 s 3; 1991 c 35 s 101.]Notes:Intent—1991 c 35: See note following RCW 41.26.005.
RCW 41.26.080 Funding total liability of plan 1 system.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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) Every plan 1 member shall have deducted from each payroll a sum equal to six percent of his or her basi…
RCW 41.26.090 Retirement for service.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 service and having attained the age of fifty years shall be eligible for a service retirement allowa…
RCW 41.26.100 Allowance on retirement for service.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 as follows: Five years but under ten years, one-twelfth of one percen…
RCW 41.26.105 Purchase of actuarially equivalent life annuity benefit upon retirement—Purchase by past retirees.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) At the time of retirement, plan 1 members may purchase an optional actuarially equivalent life annuity benefit from the Washington law enforcement officers' and firefighters' retirement system plan 1 retirement fund established in RC…
RCW 41.26.110 Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 this section.(a) Each city having a population of twenty thousand or more shall establish…
RCW 41.26.115 Director of retirement systems to adopt rules governing disability boards—Remand of orders not in accordance with rules.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 duties under this chapter. The rules shall include, but not be limi…
RCW 41.26.120 Retirement for disability incurred in the line of duty.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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, for any disability incurred in the line of duty which has been continuous since his or…
RCW 41.26.125 Retirement for disability not incurred in the line of duty.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 this section, for any disability not incurred in the line of duty which has been continuous sin…
RCW 41.26.130 Allowance on retirement for disability.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 percent of final average salary at time of disability retirement, and (b) an additio…
RCW 41.26.135 Cessation of disability—Determination.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 which originally found the member to be disabled, for a determination that the disa…
RCW 41.26.140 Reexaminations of disability beneficiaries—Reentry—Appeal.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 is still unable to perform his or her duties either physicall…
RCW 41.26.150 Sickness or disability benefits—Medical services.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 abuse, of which the disability board shall be judge, is confined in any hospital …
RCW 41.26.160 Death benefits—Duty or military service connected.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 RCW 41.26.090 with twenty or more service credit years of service, or who is on duty connected disability leav…
RCW 41.26.161 Death benefits—Nonduty connected.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 RCW 41.26.090 with twenty or more service credit years of service, or who is on disability leave or retired…
RCW 41.26.162 Ex spouse qualifying as surviving spouse.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 the ex spouse has been provided benefits under any currently effective cour…
RCW 41.26.164 Optional reduced retirement allowance—Continues for spouse otherwise ineligible for survivor benefits.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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) of this section to choose an actuarially equivalent benefit that pays the member a reduced retirement a…
RCW 41.26.170 Refund of contributions on discontinuance of service—Reentry.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 within sixty days after the day of application and the rights t…
RCW 41.26.190 Credit for military service.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 in the armed services of the United States, shall have added to the period of service as computed u…
RCW 41.26.192 Credit for service under prior pension system—Restoration of withdrawn contributions.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 to plan 1 because the member withdrew his or her contributions plus accrued interest from the prior …
RCW 41.26.194 Credit for service under prior pension system—Service not covered under prior system.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 in a position covered by a prior pension act, the member had not yet become a member…
RCW 41.26.195 Transfer of service credit from other retirement system—Irrevocable election allowed.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 employees' retirement system plan 2, the school employees' retirement system plans 2 or 3, or the…
RCW 41.26.197 Service credit for paid leave of absence—Application to elected officials of labor organizations.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 the provisions of RCW 41.26.080 through 41.26.3903.(2) A member who receives compensation from an…
RCW 41.26.199 Purchase of additional service credit—Costs—Rules.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 the department to make a one-time purchase of up to five years of additional service credit…
RCW 41.26.200 Appeal to director of retirement systems.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 retirement allowance, shall have the right to appeal the ord…
RCW 41.26.211 Notice for hearing required prior to petitioning for judicial review.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 mail or personally within sixty days from the day such decision was communicated …
RCW 41.26.221 Hearing—Conduct.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 time and place designated by the director. Such hearing shall be de novo and shall conform to …
RCW 41.26.240 Increases or decreases in retirement allowances to be determined by department in accordance with consumer price index.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 wage earners and clerical workers, all items (1957-1959=100), compiled by the Bureau …
RCW 41.26.250 Increase in presently payable benefits for service or disability authorized.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 the amendment of such RCW sections by sections 1, 2, 3, chapter 191, Laws of …
RCW 41.26.260 Increase in certain presently payable death benefits authorized.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 held by the deceased member, shall be increased annually in the same manner and to …
RCW 41.26.270 Declaration of policy respecting benefits for injury or death—Civil actions abolished.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 governmental employers is similar to that of workers to their…
RCW 41.26.281 Cause of action for injury or death, when.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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, widower, child, or dependent of the member shall have the privilege to benefit under thi…
RCW 41.26.291 Lump sum defined benefit—Payable January 31, 2023.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Law enforcement officers' and firefighters' plan 1 active members, term-vested members, retirees, and survivors eligible for benefits under the plan 1 provisions of this chapter on June 9, 2022, shall be eligible to receive the plan …
RCW 41.26.3901 Severability—1969 ex.s. c 209.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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 the application of the provision to other persons or circumstances is not affected.[ 1969 ex.s.…