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Washington Statutes, Title 41

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Washington/Statutes

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Title 41, PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS

38 chapters · 1,469 sections in this title.

All chapters in Title 411,469 Ch 41.40, Washington public employees' retirem…131 Ch 41.05, State health care authority.109 Ch 41.04, General provisions.107 Ch 41.32, Teachers' retirement.104 Ch 41.26, Law enforcement officers' and firefi…98 Ch 41.50, Department of retirement systems.92 Ch 41.06, State civil service law.77 Ch 41.56, Public employees' collective bargaining.63 Ch 41.35, Washington school employees' retirem…62 Ch 41.26A, Restated law enforcement officers' a…60 Ch 41.24, Volunteer firefighters' and reserve …52 Ch 41.37, Washington public safety employees' …42 Ch 41.80, State collective bargaining.38 Ch 41.28, Retirement of personnel in certain f…31

1,469 sections·Filtered byTitle 41✕

RCW 41.50.740 Retirement or termination agreement payments—Opportunity to change payment options.
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Members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, a…
RCW 41.50.750 Retirement or termination agreement payments—Overpayments not required to be repaid.
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(1) Retirees whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, shall not be required to repay to the trust funds any overpayments resulting from the employer misreporting, subject…
RCW 41.50.760 Cost-of-living adjustments—Alternative calculation—Election.
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The department of retirement systems may continue to pay cost-of-living adjustments consistent with the provisions of the statutes repealed by section 11, chapter 345, Laws of 1995, in lieu of the benefits provided by RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986, if the d…
RCW 41.50.770 Deferred compensation plans.
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(1) "Employee" as used in this section and RCW 41.50.780 includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, or other political subdivision of the state, whether or not covered by civil service; elected and appointed officials …

RCW 41.50.780 Deferred compensation principal and administrative accounts created—Participation in deferred compensation plans—Department's duties.

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(1) The deferred compensation principal account is hereby created in the state treasury. (2) The amount of compensation deferred under 26 U.S.C. Sec. 457 by employees under agreements entered into under the authority contained in RCW 41.50.770 shall be paid into the deferred comp…

RCW 41.50.785 Money-purchase retirement savings principal and administrative accounts created—Participation in money-purchase retirement savings plans—Department's duties.

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(1) The money-purchase retirement savings principal account is hereby created in the state treasury. (2) The amount of compensation deferred under 26 U.S.C. Sec. 401(a) by employees under agreements entered into under the authority contained in RCW 41.50.770 shall be paid into th…

RCW 41.50.790 Survivor benefits—Dissolution orders.

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(1) The department shall designate an obligee as a survivor beneficiary of a member under RCW 2.10.146, 41.26.460, 41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.37.170, or 41.40.845 if the department has been served by registered or certified mail with a di…

RCW 41.50.800 Apportionment of budgeted funds of affected agencies.

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If apportionments of budgeted funds are required because of the transfers herein authorized, the director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate trans…

RCW 41.50.801 Continuation of rules, pending business, contracts, investments, etc.

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On the effective date of transfer as provided in RCW 41.50.030, all rules and regulations, and all pending business before any of the retirement boards whose powers, duties, and functions are transferred to the department by this chapter shall be continued and acted upon by the d…

RCW 41.50.802 Transfer of reports, documents, etc., property, funds, assets, appropriations, etc.

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All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred by this chapter shall be made available to the department and to the state actuary. All cabinets, furniture, office eq…

RCW 41.50.803 Savings.

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Nothing in this chapter nor in the amendment of RCW 43.17.010, 43.17.020, or * 43.33.070 shall be construed to affect any existing rights acquired under RCW 43.17.010, 43.17.020, or * 43.33.070 except as to the governmental agencies referred to and their officials and employees, …

RCW 41.50.810 Blind mailings to retirees—Restrictions.

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(1) Any organization that exclusively provides representation or services to retired members of the Washington state retirement systems and has membership dues deducted through the department of retirement systems has the right to request the department to assist in doing blind m…

RCW 41.50.901 Effective date—1987 c 326.

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This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987. [ 1987 c 326 s 29.]

RCW 41.50.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

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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 …

RCW 41.54.010 Definitions.

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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Base salary" means salaries or wages earned by a member of a system during a payroll period for personal services and includes wages and salaries deferred under provi…

RCW 41.54.020 Benefits under prior retirement systems—Restoration of contributions.

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(1) Those persons who are dual members on or after July 1, 1988, shall not receive a retirement benefit from any prior system while dual members without the loss of all benefits under this chapter. Retroactive retirement in any prior system will cancel membership in any subsequen…

RCW 41.54.030 Calculation of service retirement allowance.

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(1) A dual member may combine service in all systems for the purpose of: (a) Determining the member's eligibility to receive a service retirement allowance; and (b) Qualifying for a benefit under RCW 41.26.530(2), 41.32.840(2), 41.35.620, or 41.40.790. (2) A dual member who is el…

RCW 41.54.032 Calculation of disability retirement allowance.

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(1) If a dual member becomes disabled, the member's service in all systems may be combined for the sole purpose of determining the member's eligibility to receive a disability retirement allowance from the member's current system. (2) The member's current system shall use its own…

RCW 41.54.034 Calculation of surviving spouse's death benefit.

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(1) If a dual member dies in service in any system, the member's service in all systems may be combined for the sole purpose of determining the surviving spouse's eligibility to receive a death benefit from each of the member's current and prior systems. (2) Each system shall use…

RCW 41.54.040 Payment of retirement allowance and postretirement adjustments—Death benefit.

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(1) The allowances calculated under RCW 41.54.030, 41.54.032, and 41.54.034 shall be paid separately by each respective current and prior system. Any deductions from such separate payments shall be according to the provisions of the respective systems. (2) Postretirement adjustme…

RCW 41.54.070 Benefits under chapter—Minimum and maximum.

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(1) The benefit granted by this chapter shall not result in a total benefit less than would have been received absent such benefit. (2) The total sum of the retirement allowances received under this chapter shall not exceed the largest amount the dual member would receive if all …

RCW 41.54.080 Benefits under chapter—Contractual rights not established.

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The benefits provided under RCW 41.54.010 through 41.54.070 are not provided to employees as a matter of contractual right and the legislature retains the right to alter or abolish these benefits at any time prior to a member's retirement. [ 1987 c 192 s 8.]

RCW 41.54.090 Benefits under chapter—Lump sum payment.

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(1) The systems may pay a dual member a lump sum payment in lieu of a monthly benefit if the initial monthly benefit computed in accordance with RCW 41.54.030 would be less than fifty dollars. The lump sum payment shall be the greater of the actuarial equivalent of such monthly b…

RCW 41.54.100 Transfer of membership under chapter 341, Laws of 1998—Benefits not diminished.

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Persons who were members of the public employees' retirement system plan 2 prior to September 1, 2000, and were transferred or mandated into membership pursuant to chapter 341, Laws of 1998 shall suffer no diminution of benefits guaranteed to public employees' retirement system p…

RCW 41.54.900 Effective dates—1987 c 192.

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(1) Section 5 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987. (2) The remainder of this act shall take effect on July …

RCW 41.54.901 Effective date—1988 c 195.

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This act shall take effect July 1, 1988. [ 1988 c 195 s 7.]

RCW 41.54.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

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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 …

RCW 41.56.010 Declaration of purpose.

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The intent and purpose of this chapter is to promote the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of public employees to join labor organizations of their own choosing and to be …

RCW 41.56.030 Definitions.

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As used in this chapter: (1) "Adult family home provider" means a provider as defined in RCW 70.128.010 who receives payments from the medicaid and state-funded long-term care programs. (2) "Bargaining representative" means any lawful organization which has as one of its primary …

RCW 41.56.040 Right of employees to organize and designate representatives without interference.

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No public employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public employee or group of public employees in the free exercise of their right to organize and designate representatives of their own choosing for th…

RCW 41.56.041 Right to strike not granted.

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Nothing contained in this chapter shall permit or grant any public employee the right to strike or refuse to perform his or her official duties. [ 2012 c 117 s 85; 1967 ex.s. c 108 s 12. Formerly RCW 41.56.120.]

RCW 41.56.045 Unfair labor practices for public employer enumerated.

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It shall be an unfair labor practice for a public employer: (1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter; (2) To control, dominate, or interfere with a bargaining representative; (3) To discriminate against…

RCW 41.56.047 Unfair labor practices for bargaining representative enumerated.

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It shall be an unfair labor practice for a bargaining representative: (1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter; (2) To induce the public employer to commit an unfair labor practice; (3) To discriminate …

RCW 41.56.051 Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.

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(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the c…

RCW 41.56.052 Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.

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See RCW 41.06.340.

RCW 41.56.061 Employee authorization of membership dues and other payments—Revocation.

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(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer shall deduct from the payments to the employee the monthly amount of dues as certified by the…

RCW 41.56.065 Information to be provided to exclusive bargaining representative by employer.

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(1) If the employer has the information in the employer's records, the employer shall provide to the exclusive bargaining representative the following information for each employee in an appropriate bargaining unit: (a) The employee's name and date of hire; (b) The employee's con…

RCW 41.56.067 Presenting information about the exclusive bargaining representative—Access to new employees.

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(1)(a) The employer must provide the exclusive bargaining representative reasonable access to new employees of the bargaining unit for the purposes of presenting information about their exclusive bargaining representative to the new employee. The presentation may occur during a n…

RCW 41.56.071 Right of employee representing bargaining unit to be absent from employment during legislative session—Replacement.

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Any public employee who represents fifty percent or more of a bargaining unit or who represents on a statewide basis a group of five or more bargaining units shall have the right to absent himself or herself from his or her employment without pay and without suffering any discrim…

RCW 41.56.073 Rights of employees and bargaining representatives of school districts dissolved due to financial insolvency.

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Notwithstanding any other provision of this chapter, employees and bargaining representatives of school districts that are dissolved due to financial insolvency shall have resort to collective bargaining, including grievance arbitration and other processes, only to the extent pro…

RCW 41.56.075 Certain communications—Privilege from examination and disclosure.

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The privilege established by RCW 5.60.060(11) shall apply to all employee organizations covered by this chapter and in all proceedings authorized by this chapter. [ 2023 c 202 s 4. Formerly RCW 41.56.520.] Notes: Findings—2023 c 202: See note following RCW 5.60.060.

RCW 41.56.081 Department-contracted individual providers—Family child care providers—Adult family home providers—Language access providers—Employee authorization of membership dues and other payments—Revocation—Third-party entity permitted to act as an individual provider's agent.

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(1) This subsection (1) applies only if the state makes the payments directly to a provider. (a) Upon the authorization of an individual provider who contracts with the department of social and health services, a family child care provider, an adult family home provider, or a lan…

RCW 41.56.090 Rules and regulations.

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The commission shall promulgate, revise or rescind such rules and regulations as it may deem necessary or appropriate to administer the provisions of this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management …

RCW 41.56.093 Applicability of administrative procedure act to commission action.

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Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW shall be applicable to all such actions and rules. [ 1994 c 58 s 2. Former…

RCW 41.56.101 Application of chapter.

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This chapter shall apply to any county or municipal corporation, or any political subdivision of the state of Washington, including district courts and superior courts, except as otherwise provided by RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and 53.18 RCW. [ 1999 c 21…

RCW 41.56.105 Fish and wildlife officers—Application of chapter.

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(1) In addition to the entities listed in RCW 41.56.101, this chapter applies to the state with respect to fish and wildlife officers except the state may not negotiate any matters relating to retirement benefits or health care benefits or other employee insurance benefits. (2) F…

RCW 41.56.111 Application of chapter to passenger-only ferry employees.

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In addition to the entities listed in RCW 41.56.101, this chapter does apply to: (1) Public employees of public transportation benefit areas providing passenger-only ferry service as provided in RCW 47.64.090; and (2) Public employees of ferry districts providing passenger-only f…

RCW 41.56.131 Application of chapter to education providers under chapter 28A.193 RCW.

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This chapter applies to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.193 RCW. Such bargaining units must be limited to the employees working as ed…

RCW 41.56.139 School district collective bargaining agreements.

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(1) All collective bargaining agreements entered into between a school district employer and school district employees under this chapter after June 10, 2010, as well as bargaining agreements existing on June 10, 2010, but renewed or extended after June 10, 2010, shall be consist…

RCW 41.56.145 Application of chapter to charter schools.

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In addition to the entities listed in RCW 41.56.101, this chapter applies to any charter school established under chapter 28A.710 RCW. Any charter school established under chapter 28A.710 RCW is a separate employer from any school district, including the school district in which …