Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.48.070 Employees may elect.
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The governing body of any political subdivision having any coverage group, as the term is defined in title II of the social security act, not covered by a state or municipal retirement system may submit for an advisory vote to the members of such coverage group the question of wh…
RCW 41.48.080 Administration costs—Allocation.
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All costs allocable to the administration of this chapter shall be charged to and paid to the OASI revolving fund by the participating divisions and instrumentalities of the state pro rata according to their respective contributions.[ 2009 c 171 s 2; 1951 c 184 s 9.]
RCW 41.48.090 Rules and regulations.
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The governor shall make and publish such rules and regulations, not inconsistent with the provisions of this chapter, as he or she finds necessary or appropriate to the efficient administration of the functions with which he or she is charged under this chapter.[ 2012 c 117 s 80;…
RCW 41.48.100 Governor may delegate authority.
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Any authority conferred upon the governor by this chapter may be exercised by an official or state agency designated by him or her.[ 2012 c 117 s 81; 1951 c 184 s 11.]
RCW 41.48.110 Legislative declaration—Payments to state employees on account of sickness.
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It is the policy of the state of Washington to pay its employees on account of sickness or accident disability in accordance with applicable leave regulations and in such a manner so such payments are excluded from federal old age and survivors' insurance contribution requirement…
RCW 41.48.120 Sick leave account created—Payments to state employees on account of sickness—Exclusion from wages.
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There is created in the general fund a separate account to be known as the sick leave account, to be used for payments made after January 1, 1980, to state employees made on account of sickness, for the purpose of excluding such payments from the meaning of "wages" under federal …
RCW 41.48.130 Sick leave payments—Accounting plan and payroll procedures.
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The director of the office of financial management shall, by January 1, 1980, develop an accounting plan and payroll procedures sufficient to meet the requirements of federal statutes and regulations for the purpose of implementing RCW 41.48.120.[ 1979 c 152 s 2.]Notes:Severabili…
RCW 41.48.140 Establishment of sick leave rules by personnel authorities.
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Nothing in RCW 41.48.120 or 41.48.130 shall affect the power of the office of financial management or any other state personnel authority to establish sick leave rules except as may be required under RCW 41.48.120 or 41.48.130: PROVIDED, That each personnel board and personnel au…
RCW 41.48.150 Definition—"Employee."
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"Employee," as used in RCW 41.48.120 and 41.48.140, includes all officers and employees of the state, except officials and employees compensated on a fee basis, for whom contributions are made to federal old age and survivors' insurance.[ 1979 c 152 s 4.]Notes:Severability—1979 c…
RCW 41.48.160 Political subdivisions—Sick leave payments—Adoption of accounting plan and payroll procedures.
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A political subdivision of the state may, pursuant to ordinance or resolution, adopt an accounting plan and payroll procedures sufficient to meet the requirements of federal statutes and regulations and the department of health, education, and welfare for the purpose of excluding…
RCW 41.48.170 Sick leave payments—Transfers of moneys to sick leave account.
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The office of financial management shall direct the state treasurer to, and the state treasurer shall, periodically transfer to the sick leave account in the general fund moneys sufficient to reimburse the sick leave account for payments on account of sickness. State agencies sha…
RCW 41.48.180 Sick leave payments—Inclusion in reports to retirement system—Compensation for unused sick leave.
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Payments to employees pursuant to RCW 41.48.120 or 41.48.160 shall be included in compensation reported to the appropriate retirement system. Any compensation for unused sick leave shall not be considered payment on account of sickness and shall not be paid from the sick leave ac…
RCW 41.50.005 Policy and intent.
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The legislature sets forth as retirement policy and intent:(1) The retirement systems of the state shall provide similar benefits wherever possible.(2) Persons hired into eligible positions shall accrue service credit for all service rendered.(3) The calculation of benefits shall…
RCW 41.50.010 Definitions.
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As used in this chapter, unless the context clearly indicates otherwise:(1) "Actuarial value" means the present value of a change in actuarial liability;(2) "Department" means the department of retirement systems; and(3) "Director" means the director of the department of retireme…
RCW 41.50.020 Department of retirement systems—Created—Director.
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There is created a department of state government to be known as the department of retirement systems. The executive and administrative head of the department shall be the director, who shall be appointed by the governor with the consent of the senate. The director shall serve at…
RCW 41.50.030 Transfer of powers, duties, and functions of certain systems, administrators, and committees to department of retirement systems.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) As soon as possible but not more than one hundred and eighty days after March 19, 1976, there is transferred to the department of retirement systems, except as otherwise provided in this chapter, all powers, duties, and functions of:…
RCW 41.50.033 Crediting interest to retirement system accounts.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) The director shall determine when interest, if provided by a plan, shall be credited to accounts in the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, the public safety …
RCW 41.50.040 Manner of selection and terms of transferred board members not affected.
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This chapter shall not affect the manner for selecting members of the boards affected by RCW 41.50.030, nor shall it affect the terms of any members serving on such boards.[1975-'76 2nd ex.s. c 105 s 6.]
RCW 41.50.050 Powers, duties, and functions of director.
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The director shall:(1) Have the authority to organize the department into not more than four divisions, each headed by an assistant director;(2) Have free access to all files and records of various funds assigned to the department and inspect and audit the files and records as de…
RCW 41.50.055 Director of retirement systems to administer Washington law enforcement officers' and firefighters' retirement system—Duties.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***The administration of the Washington law enforcement officers' and firefighters' retirement system is hereby vested in the director of retirement systems, and the director shall:(1) Keep in convenient form such data as shall be deemed ne…
RCW 41.50.060 Delegation of powers, duties, and functions—Director's responsibilities.
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The director may delegate the performance of such powers, duties, and functions, other than those relating to rule making, to employees of the department, but the director shall remain and be responsible for the official acts of the employees of the department.The director shall …
RCW 41.50.065 Accumulated service credit—Annual notification to members.
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(1) The department shall annually notify each member of each retirement system listed in RCW 41.50.030 of his or her:(a) Service credit accumulated in the preceding calendar year; and(b) Total service credit accumulated.(2) The department shall begin notifying members under this …
RCW 41.50.070 Personnel.
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In addition to the exemptions set forth in RCW 41.06.070, the assistant directors, not to exceed two, and an internal auditor shall also be exempt from the application of the state civil service law, chapter 41.06 RCW.The officers and exempt personnel appointed by the director pu…
RCW 41.50.075 Funds established.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and firefighters' system plan 1 retirement fund, and the Washington law enforcement officers' and firefighters…
RCW 41.50.077 State treasurer is custodian of funds.
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The state treasurer is the custodian of, and accountant for, all funds and holdings of the retirement systems listed in RCW 41.50.030.[ 1991 c 35 s 109.]Notes:Intent—1991 c 35: See note following RCW 41.26.005.
RCW 41.50.080 Investment of funds of various systems.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***The state investment board shall provide for the investment of all funds of the Washington public employees' retirement system, the teachers' retirement system, the school employees' retirement system, the Washington law enforcement offi…
RCW 41.50.085 Investments in accordance with established standards.
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Any investments under RCW 43.84.150 by the state investment board shall be made in accordance with the standards established in RCW 43.33A.140.[ 1998 c 14 s 2; 1977 ex.s. c 251 s 7.]
RCW 41.50.088 Duties of director—Retirement investments.
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(1) The director shall adopt rules as necessary and exercise the following powers and duties:(a) The director shall recommend to the state investment board types of options for member self-directed investment in the teachers' retirement system plan 3, the school employees' retire…
RCW 41.50.090 Department succeeds to and vested with transferred powers, duties, and functions—Boards to be kept informed—Approval of rules—Disability benefit applications.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW 41.50.030, the department shall succeed to and is vested with all powers, duties, and functions now or by any concurrent act of this 1…
RCW 41.50.110 Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the off…
RCW 41.50.112 Report of member data—Department-designed format.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***Employers, as defined in RCW 41.26.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report all member data to the department in a format designed and communicated by the department. Employers failing to comply with this reportin…
RCW 41.50.120 Payment of moneys due department by employers—Interest.
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Notwithstanding any provision of law to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or check to the department within fifteen days following the end of each calendar month the moneys due the department as…
RCW 41.50.125 Interest on contributions—Department may charge.
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The department may charge interest, as determined by the director, on member or employer contributions owing to any of the retirement systems listed in RCW 41.50.030. The department's authority to charge interest shall extend to all optional and mandatory billings for contributio…
RCW 41.50.130 Correction of retirement systems' records—Adjustment in payment of benefits—Limitations.
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(1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW 41.50.030. Should any error in such records result in any member, beneficiary, or other person or entity receiving more or less than he or she would have been entitled…
RCW 41.50.131 Correction of errors in reporting compensation earnable.
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(1) Notwithstanding RCW 41.50.130, the department is not required to correct, nor to cause any employer to correct the reporting error described in subsection (2) of this section.(2) Standby pay and other similar forms of compensation that are not pay for time worked were not sal…
RCW 41.50.132 Correction of erroneous deduction or pickup of contributions.
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(1) By December 31, 1992, the department of retirement systems shall implement and complete the following process for those members of the law enforcement officers' and firefighters' retirement system plan 2, public employees' retirement system plans 1 and 2, and teachers' retire…
RCW 41.50.133 Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system.
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(1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on the application of section 2, chapter 96, Laws of 1979 ex. sess., nor shall such benefits be reduced.(2) The dir…
RCW 41.50.135 Collection of overpayments—Determination of liability—Administrative process created.
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(1) If the department finds that any member, beneficiary, or other person or entity has been paid an amount of retirement benefits to which that person or entity is not entitled, and the person is not entitled to a continuing benefit from any of the retirement systems listed in R…
RCW 41.50.136 Collection of overpayments—Issuance of warrant—Lien.
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Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135, the director, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the supe…
RCW 41.50.137 Collection of overpayments—Department may issue subpoenas.
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The department may issue subpoenas to compel the statement of witnesses and the production of any books, records, or documents necessary or relevant to the department's administration of duties under this chapter. It is unlawful for any person or entity, without just cause, to fa…
RCW 41.50.138 Collection of overpayments—Waiver of overpayment.
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(1) The director may waive repayment of all or part of a retirement allowance overpayment, under RCW 41.50.130 only, if:(a) The overpayment was not the result of the retiree's or the beneficiary's nondisclosure, fraud, misrepresentation, or other fault; and(b) The director finds …
RCW 41.50.139 Retirement status reports—Overpayments—Employer obligations.
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(1) Retirement system employers shall elicit on a written form from all new employees as to their having been retired from a retirement system listed in RCW 41.50.030. Employers must report any retirees in their employ to the department. If a retiree works in excess of applicable…
RCW 41.50.140 Cooperation of employers in administration of systems—Employer contributions for retroactive service credit—Employee contributions paid by employer.
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(1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out …
RCW 41.50.145 Plan 3—Loss of investment return due to error—Liability.
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(1) If the department determines that due to employer error a member of plan 3 has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.(2) If the d…
RCW 41.50.150 Retirement benefits based on excess compensation—Employer liable for extra retirement costs.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) The employer of any employee whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of a billing from the department, pay into the appropriate retirement system the present…
RCW 41.50.152 Payment of excess compensation—Public notice requirements.
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(1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.35, 41.37, or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with memb…
RCW 41.50.155 Erroneous withdrawals of contributions—Restoration.
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(1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems listed in RCW 41.50.030 in contravention of the restrictions on withdrawal for the particular system, the member shall no longer be entitled to credit for the period of service r…
RCW 41.50.160 Restoration of withdrawn contributions.
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The department of retirement systems shall incorporate the development of individual member accounts receivable into its information systems projects for fiscal years 1993 and 1994, so that by January 1, 1994, members of state retirement systems who are otherwise eligible to rest…
RCW 41.50.165 Establishing, restoring service credit—Conditions.
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(1) Except for those affected by subsection (4) of this section, a member of a retirement system specified by RCW 41.50.030 or, one previously established by the state but closed to new membership, may, as provided in each retirement system:(a) Establish allowable membership serv…
RCW 41.50.170 Notification of restoration rights.
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Upon termination for reasons other than retirement, the department shall inform a member withdrawing his or her contributions, and the member shall acknowledge in writing, of the right to restore such contributions upon reestablishment of membership in the respective retirement s…