37 chapters · 1,408 sections in this title.
RCW 41.40.170 Credit for military service.
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*** CHANGE IN 2026 *** (SEE 5420.SL) ***(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 left or shall leave an employer to enter such service shall be deemed to be on military leave of absence if he…
RCW 41.40.175 Service credit for paid leave of absence—Application to elected officials of labor organizations.
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(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 41.40.145 through 41.40.363.(2) A member who receives compensation from an employer while on an authorized leave of ab…
RCW 41.40.180 Retirement—Length of service.
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(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 on written application to the director, setting forth at what time the member desires to be retired: PROVIDED, That in the national intere…
RCW 41.40.183 Annual increase amount—Legislature's rights reserved—No additional increases after June 30, 2011.
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(1) Beginning July 1, 2009, the annual increase amount as defined in RCW 41.40.010(4) shall be increased by an amount equal to $0.40 per month per year of service minus the 2008 gain-sharing increase amount under *RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall…
RCW 41.40.185 Retirement allowances—Members retiring after February 25, 1972.
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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 basis of the law in effect at the time of retirement, together with such post-retirement pension increases as may from time t…
RCW 41.40.188 Retirement allowance—Options—Retirement allowance adjustment—Court-approved property settlement.
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(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 the retirement allowance paid pursuant to one of the following options calculated so as to be actuarially equivalent to each …
RCW 41.40.189 Retirement allowance—Adjustment eligibility.
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(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, chapter 340, Laws of 1998, if the increase would make the retiree ineligible for state-funded long-term care services. For the purpose…
RCW 41.40.190 Retirement allowance—In lieu of allowance provided in RCW 41.40.185.
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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 or 41.40.210, make an irrevocable election to receive the retirement allowance provided by this section which shall consist of…
RCW 41.40.191 Retirement allowance—Members with thirty years of service—Irrevocable election.
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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 effective at the beginning of the calendar month following department receipt of employee notification.(1) The sum of member c…
RCW 41.40.193 Dates upon which retirement allowances accrue.
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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 day of the calendar month immediately following the calendar month during which the member is sepa…
RCW 41.40.197 Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
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(1) Beginning July 1, 1995, and annually thereafter through July 1, 2010, the retirement allowance of a person meeting the requirements of this section shall be increased by the annual increase amount.(a) After July 1, 2010, those currently receiving benefits under this section w…
RCW 41.40.1971 Definition—"Beneficiary."
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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 345 s 6.]Notes:Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.
RCW 41.40.1984 Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
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(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 monthly retirement allowance of less than twenty-four dollars and twenty-two cents times the number of years of service creditable to the perso…
RCW 41.40.1985 Permanent retirement allowance adjustment.
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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 allowance adjustment as of July 1, 1995.[ 1994 c 247 s 4.]Notes:Effective date—1994 c 247: See note following RCW 41.…
RCW 41.40.1986 Permanent increase for specified beneficiaries age seventy or over.
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(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 authorized by section 3, chapter 519, Laws of 1993, shall be made a permanent adjustment on July 1, 1995.(2) Beneficiaries receivin…
RCW 41.40.1987 Monthly benefit increase.
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*** CHANGE IN 2026 *** (SEE 5862-S.SL) ***(1) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2017, shall receive, effective July 1, 2018, an increase to their monthly benefit of one and one-half percent multiplied …
RCW 41.40.200 Retirement for disability in line of duty—Applicability to certain judges.
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(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 incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty or who becomes to…
RCW 41.40.210 Duty disability retirement allowance for disability after age sixty.
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Upon retirement for disability, as provided in RCW 41.40.200, a member who has attained age sixty, regardless of his or her creditable service shall receive a service retirement allowance.[ 2012 c 117 s 59; 1972 ex.s. c 151 s 8; 1947 c 274 s 22; Rem. Supp. 1947 s 11072-22.]
RCW 41.40.220 Allowance on retirement for duty disability—Before sixty.
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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 provisions of RCW 41.40.310 and 41.40.320:(1) A disability retirement pension of two-thirds of his or her average final compe…
RCW 41.40.230 Nonduty disability—Applicability to certain judges.
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(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 an employee at least five years, and who becomes totally and permanently incapacitated for duty as the result of causes occurring not in the p…
RCW 41.40.235 Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
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(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 of service: PROVIDED, That this allowance shall be reduced by two percent of itself for each year or fraction ther…
RCW 41.40.250 Allowance on retirement for nonduty disability—Election.
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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 disability retirement allowance provided in subsections (1) and (2) of this section subject to the provisions of RCW 41.40.310 a…
RCW 41.40.260 Withdrawal from system—Refund of contributions—Waiver of allowance, when.
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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 the department a refund of all or part of the funds standing to his or her credit in the employees' savings fund and this amount shall be paid to him…
RCW 41.40.262 Elected officials—Restoration of withdrawn contributions.
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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 she was an elected official, other than an elected official under Articles II or III of the Constitution of the state of Washington…
RCW 41.40.270 Death before retirement or within sixty days following application for disability retirement—Military service—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.
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(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 standing to the member's credit in the employees' savings fund, less any amount identified as owing to an obligee upon withdraw…
RCW 41.40.280 Department may withhold refunds of contributions.
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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 has ceased to be an employee. A member who files a request for a refund and subsequently enters into employment with an employer prior to…
RCW 41.40.300 Benefits offset by workers' compensation or similar benefits.
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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 shall be offset against and payable in lieu of any benefits payable from funds provided by the employer under the provisions of this…
RCW 41.40.310 Periodical examination of disability beneficiaries—Benefits upon resumption of gainful employment.
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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 in every three year period thereafter the department may, and upon the member's application shall, require any disability beneficiary…
RCW 41.40.320 Disability beneficiary—Restoration to service.
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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 retirement system; and shall contribute to the retirement system in the same manner as prior to the disability retirement. Any prior serv…
RCW 41.40.330 Contributions.
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(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, 1987, however, no contributions are required for any calendar month in which the member is not granted service credit. The offic…
RCW 41.40.363 Employer's contributions—Labor guild, association or organization.
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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 for membership under RCW 41.40.023(11) shall make contributions as any other employer within this chapter: PR…
RCW 41.40.404 Justices or judges retirement allowance—In lieu of RCW 41.40.185.
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(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 judge, or superior court judge, for a member who elects to participate under RCW 41.40.124(1), shall be equal to three a…
RCW 41.40.408 District or municipal court judges retirement allowances—In lieu of RCW 41.40.185.
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(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 judge, for those judges who elected to participate under RCW 41.40.127(1), shall be equal to three and one-half percent …
RCW 41.40.610 Provisions applicable to plan 2.
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RCW 41.40.620 through 41.40.750 shall apply only to plan 2 members.[ 2000 c 247 s 201; 1991 c 35 s 97; 1977 ex.s. c 295 s 2.]Notes:Intent—1991 c 35: See note following RCW 41.26.005.Legislative direction and placement—1977 ex.s. c 295: "Sections 1 through 15 of this 1977 amendato…
RCW 41.40.620 Computation of the retirement allowance.
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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.[ 1991 c 343 s 10; 1977 ex.s. c 295 s 3.]Notes:Findings—Effective dates—1991 c 343: See notes following …
RCW 41.40.625 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
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*** CHANGE IN 2026 *** (SEE 2124.SL) ***(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 the provisions of subsection (5) of this section, a lump sum payment in lieu of a monthly benefi…
RCW 41.40.630 Retirement for service.
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(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 the provisions of RCW 41.40.620.(2) EARLY RETIREMENT. Any member who has comp…
RCW 41.40.633 Member with terminal illness—Removal from system.
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(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 conditions:(a) That the medical adviser, after a medical examination of the member made by or under the direction of the medical adviser…
RCW 41.40.640 Post-retirement cost-of-living.
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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 been in effect for at least one year:(1) The original dollar amount of the retirement allowance;(2) Th…
RCW 41.40.660 Options for payment of retirement allowances—Retirement allowance adjustment—Court-approved property settlement.
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(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 allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.(a) St…
RCW 41.40.670 Earned disability allowance—Applicability to certain judges—Disposition upon death of recipient.
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(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 the department shall be eligible to receive an allowance under the provisions of RCW 41.40.610 through 41.40.740.…
RCW 41.40.680 Application for and effective date of retirement allowances.
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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 a retirement allowance after having filed written application with the department.(1) Retirement allowances …
RCW 41.40.690 Suspension of retirement allowance upon reemployment—Exceptions—Reinstatement.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 if he or she is employed in an eligible position as defined in RCW 41.40.010, 41.…
RCW 41.40.700 Death benefits.
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(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 such member's credit in the retirement system at the time of such member's death, less any amo…
RCW 41.40.710 Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
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(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 the provisions of RCW 41.40.610 through 41.40.740.(2) A member who receives compensation from an employer while on an authorized leave o…
RCW 41.40.720 Vested membership.
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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 member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.40.630 if su…
RCW 41.40.730 Refund of contributions.
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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…
RCW 41.40.740 Reentry.
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(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 all withdrawn accumulated contributions together with interest since the time of withdrawal as determined by the dep…
RCW 41.40.748 Commercial vehicle enforcement officers—Limited optional transfer to Washington state patrol retirement system.
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(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 employed in the state patrol as a commercial vehicle enforcement officer, and who became a commissioned offic…
RCW 41.40.749 Certain commissioned officers—Limited optional transfer to Washington state patrol retirement system.
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(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 employed in the state patrol as either (a) a commercial vehicle enforcement officer who then became a commiss…