Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS

It is the intent of the legislature to establish a separate public safety employees' retirement system for certain public employees whose jobs contain a high degree of physical or psychological risk to their own personal safety and who provide public protection of lives and prope…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RC…

A retirement system is hereby created for public safety employees of the Washington state department of corrections, the Washington state parks and recreation commission, the Washington state gambling commission, the Washington state patrol, the Washington *state liquor control b…

Membership in the retirement system shall consist of all regularly compensated public safety employees who are members as defined in *RCW 41.37.010(5), with the following exceptions:(1) Persons in ineligible positions;(2)(a) Persons holding elective offices or persons appointed d…

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 throughout such period, shall be deemed to have been in an eligible position during such period of employment.[ 2004 c 242 s 6.]

*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1)(a) If a retiree enters employment in an eligible position with an employer as defined in this chapter sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five an…

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 or a similar federal workers' compensation program shall receive or continue to receive service credit subject to the following:(1) No membe…

The deductions from the compensation of members, provided for in RCW 41.37.220, shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and pr…

(1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable.(2) Beginning July 1, 2006, the amount to be collected as the employer's contribution shall be computed by applying the applicable rates…

*** CHANGE IN 2026 *** (SEE 6346-S.SL) ***(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 benefit, any other right accrued or accruing to any person under this chapter, the various funds…

A member shall not receive a disability retirement benefit under RCW 41.37.230 if the disability is the result of criminal conduct by the member committed after July 1, 2006.[ 2004 c 242 s 13.]

(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or the person or persons, trust, or organization the member has nominated by written designation duly executed and filed with the department. If the designated person or persons are not st…

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 attempt to defraud the retirement system as a result of such an act, is guilty of a gross misdemeanor.[ 2004 c 242 s 15.]

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 the courts, file with the director by mail or personally within sixty days from the day the decision was communicated to the person, a…

Following its receipt of a notice for hearing in accordance with RCW 41.37.130, a hearing shall be held by the director or an authorized representative, in the county of the residence of the claimant at a time and place designated by the director. This hearing shall be conducted …

Judicial review of any final decision and order by the director is governed by chapter 34.05 RCW.[ 2004 c 242 s 18.]

A bond of any kind shall not be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the department affecting the claimant's right to retirement or disability benefits.[ 2004 c 242 s 19.]

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 to and shall not have any effect on retirement benefits under this chapter.[ 2004 c 242 s 20.]

(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…

Beginning July 1, 2006, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:(1) The original dollar amount of the retirement allowance;(2) Th…

(1) Upon retirement for service as prescribed in RCW 41.37.210 or retirement for disability under RCW 41.37.230, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.(a) St…

*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Except as provided in RCW 41.37.050, a retiree shall not be eligible to receive the retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.37.010, or RCW 41.35.010, 41.40.010, or …

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 year of service.[ 2004 c 242 s 25.]

*** CHANGE IN 2026 *** (SEE 2124.SL) ***(1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary, subject to subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the initial monthly benefit computed in …

(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 to receive a retirement allowance computed according to RCW 41.37.190.(2) UNREDUCED RETIREMENT. Any member who has completed at least…

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 be necessary upon the advice of the state actuary. The state actuary shall use the aggregate actuarial cost method to calculate co…

(1)(a) A member of the retirement system with at least ten years of service in the public safety employees' retirement system who becomes totally incapacitated for continued employment as an employee by an employer, as determined by the department, shall be eligible to receive an…

Any member or beneficiary eligible to receive a retirement allowance under RCW 41.37.210, 41.37.230, or 41.37.250 shall be eligible to commence receiving a retirement allowance after having filed written application with the department.(1) Retirement allowances paid to members un…

(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, the amount of the accumulated contributions standing to that member's credit in the retirement system at the time of the member's death, less any amou…

(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 under RCW 41.37.190 through 41.37.290.(2) A member who receives compensation from an employer while on an authorized leave of absence to serve…

(1) A member eligible to retire under RCW 41.37.210 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.(2) To purchase additional service credit …

A member who separates or has separated after having completed at least five years of service may remain a member during the period of the member's absence from service for the exclusive purpose only of receiving a retirement allowance under RCW 41.37.210 if the member maintains …

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 contributions. The refund shall be made within ninety days following the receipt of the request and notification of termination through…

(1) A member, who had left service and withdrawn the member's accumulated contributions, shall receive service credit for prior service if the member restores all withdrawn accumulated contributions together with interest since the time of withdrawal as determined by the departme…

(1) At the time of retirement, a plan 2 member may purchase an optional actuarially equivalent life annuity benefit from the public safety employees' retirement system plan 2 fund established in RCW 41.50.075. A minimum payment of five thousand dollars is required.(2) Subject to …

(1) An employee [All employees] may elect to have their public employees' retirement system service credit transferred to the public safety employees' retirement system if:(a) They worked under a written employment contract prior to January 1, 2017, that defined full-time as less…

(1) An employee of an employer as defined in RCW 41.37.010(12) who was a member of the public employees' retirement system plan 2 or plan 3 before January 1, 2019, and on January 1, 2019, meets the eligibility requirements as set forth in RCW 41.37.010(19) has the following optio…

(1) An employee of an employer as defined in RCW 41.37.010 who was a member of the public employees' retirement system plan 2 or plan 3 before June 1, 2024, and on June 1, 2024, meets the eligibility requirements as set forth in RCW 41.37.010(19)(f) has the following options duri…

(1) An employee of an employer as defined in RCW 41.37.010 who was a member of the public employees' retirement system plan 2 or plan 3 before June 1, 2025, and on June 1, 2025, meets the eligibility requirements as set forth in RCW 41.37.010(19)(d)(iv) has the following options …

The benefits provided pursuant to chapter 242, Laws of 2004 are not provided to employees as a matter of contractual right prior to July 1, 2006. The legislature retains the right to alter or abolish these benefits at any time prior to July 1, 2006.[ 2004 c 242 s 66.]

This act takes effect July 1, 2006.[ 2004 c 242 s 65.]

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …