Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.32.815 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 41.32.765 if su…
RCW 41.32.817 Transfer to plan 3—Irrevocable option.
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(1) Every plan 2 member employed by an employer in an eligible position may make an irrevocable option to transfer to plan 3.(2) Any plan 2 member who is a substitute teacher may make an irrevocable option to transfer to plan 3 at the time the member purchases substitute service …
RCW 41.32.818 Public employees' retirement system members who previously declined membership in the teachers' retirement system—Transfer to plan 3—Irrevocable option.
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Any member of the public employees' retirement system plan 2 who is employed in an eligible position as an educational staff associate and who elected pursuant to RCW 41.32.032(2)(a) to remain a member of the public employees' retirement system under chapter 41.40 RCW may make an…
RCW 41.32.820 Refund of contributions on termination.
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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 41.32.825 Reentry.
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(1) A member, who had left service and withdrawn the member's accumulated contributions, shall, upon reestablishment of membership under RCW 41.32.240, receive service credit for such prior service if the member restores all withdrawn accumulated contributions together with inter…
RCW 41.32.831 Provisions applicable to plan 3—Plan 3 elements.
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(1) RCW 41.32.831 through 41.32.895 shall apply only to plan 3 members.(2) Plan 3 shall consist of two separate elements: (a) A defined benefit portion covered under this subchapter; and (b) a defined contribution portion covered under chapter 41.34 RCW. (3) Unless otherwise spec…
RCW 41.32.835 Choice of membership in plan 2 or plan 3.
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(1) All teachers who first become employed by an employer in an eligible position on or after July 1, 2007, shall have a period of ninety days to make an irrevocable choice to become a member of plan 2 or plan 3. At the end of ninety days, if the member has not made a choice to b…
RCW 41.32.836 Higher education faculty—Option to transfer to plan 3—Limitation on supplemental benefits under RCW 28B.10.400.
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(1) All faculty members who are first employed by an institution of higher education in a position eligible for participation in old age annuities or retirement income plans under chapter 28B.10 RCW on or after July 1, 2011, have a period of thirty days to make an irrevocable cho…
RCW 41.32.837 Right to waive benefit—Irrevocable choice.
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Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable choice to waive all rights to a benefit under RCW 41.32.840 by notifying the department in writing of their intention.[ 2003 c 349 s 1.]Notes:Effective date—2003 c 349: "This ac…
RCW 41.32.840 Computation of the retirement allowance.
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(1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service credit year.(2) The retirement allowance payable under RCW 41.32.875 to a member who separates after having completed at le…
RCW 41.32.8401 Additional payment.
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(1) Anyone who requests to transfer under RCW 41.32.817 before January 1, 1998, and establishes service credit for January 1998, shall have their member account increased by forty percent of:(a) Plan 2 accumulated contributions as of January 1, 1996, less fifty percent of any pay…
RCW 41.32.845 Postretirement cost-of-living allowance.
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Retirement allowances paid under the defined benefit portion of plan 3 shall have a postretirement cost-of-living allowance calculated and paid as provided in RCW 41.32.770.[ 1995 c 239 s 107.]Notes:Intent—Purpose—1995 c 239: See note following RCW 41.32.831.Effective date—Part a…
RCW 41.32.851 Options for payment of retirement allowances—Court-approved property settlement.
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(1) Upon retirement for service as prescribed in RCW 41.32.875 or retirement for disability under RCW 41.32.880, 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 41.32.855 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 41.32.875, 41.32.880, or 41.32.895 shall be eligible to commence receiving a retirement allowance after having filed written application with the department.(1) Retirement allowances …
RCW 41.32.860 Suspension of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reinstatement.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Except under RCW 41.32.862, no retiree 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, 41.32.010, 41.35.010, or 41.37.010, or as a…
RCW 41.32.862 Reduction of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reestablishment of membership.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked dur…
RCW 41.32.865 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.(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and w…
RCW 41.32.867 Purchased service credit—Allocation.
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(1) Contributions on behalf of the employer paid by the employee to purchase plan 3 service credit shall be allocated to the defined benefit portion of plan 3 and shall not be refundable when paid to the fund described in RCW 41.50.075(2). Contributions on behalf of the employee …
RCW 41.32.868 One-time purchase of service credit—Conditions—Payment—Rules.
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(1) An active member who has completed a minimum of two years of creditable service in the teachers' retirement system may, upon written application to the department, make a one-time purchase of up to seven years of service credit for public education experience outside the Wash…
RCW 41.32.870 Lump sum payments—Reentry.
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(1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary a lump sum payment in lieu of a monthly benefit if the initial monthly benefit would be less than one hundred dollars. The one hundred dollar limit shall be increased by three…
RCW 41.32.875 Retirement eligibility.
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(1) NORMAL RETIREMENT. Any member who is at least age sixty-five and who has:(a) Completed ten service credit years; or(b) Completed five service credit years, including twelve service credit months after attaining age forty-four; or(c) Completed five service credit years by July…
RCW 41.32.878 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 membership in 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 m…
RCW 41.32.880 Earned disability allowance—Eligibility—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 shall be eligible to receive an allowance under the provisions of plan 3. The member shall receive a monthly disability allowance comput…
RCW 41.32.892 Restored, purchased service credit under plan 2—Transfer to plan 3.
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(1) Any member who elects to transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the provisions of RCW 41.32.825(1) with interest as determined by the department. The restored plan 2 service credit will be automat…
RCW 41.32.895 Death benefits.
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(1) If a member dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in RCW 41.32.851 actuarially reduced to reflect a joint and one hundred percent survivor option and, except under subsection (2) …
RCW 41.33.010 Plan for covering members under OASI approved.
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The plan for covering the members of the teachers' retirement system under the old age and survivor insurance provisions of Title II of the federal social security act as amended, required by RCW 41.48.050 as amended by section 5, chapter 4, Laws of the Extraordinary Session of 1…
RCW 41.33.020 Terms and provisions of plan.
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The terms and provisions of the plan are as follows:(1) Each political subdivision of the state employing members of the teachers' retirement system and the members of the teachers' retirement system, after the approval of this plan by the legislature, and by the eligible employe…
RCW 41.33.030 Effective date for coverage of members.
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The effective date of OASI coverage for members of the teachers' retirement system shall be January 1, 1956: PROVIDED, That should the agreement between the governor and the secretary of health, education and welfare be executed subsequent to December 31, 1957, the effective date…
RCW 41.34.010 Purpose.
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The purpose of chapter 239, Laws of 1995 is to:(1) Provide a fair and reasonable value from the retirement system for those who leave public employment before retirement;(2) Increase flexibility for such employees to make transitions into other public or private sector employment…
RCW 41.34.020 Definitions.
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As used in this chapter, the following terms have the meanings indicated:(1) "Actuary" means the state actuary or the office of the state actuary.(2) "Department" means the department of retirement systems.(3)(a) "Compensation" for teachers for purposes of this chapter is the sam…
RCW 41.34.030 Application of chapter—Plan 3 elements.
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(1) This chapter applies only to members of plan 3 retirement systems created under chapters 41.32, 41.35, and 41.40 RCW.(2) Plan 3 consists of two separate elements:(a) A defined benefit portion covered under:(i) Sections 101 through 117, chapter 239, Laws of 1995; or(ii) Sectio…
RCW 41.34.040 Contributions—Rate structures—Annual option.
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(1) A member shall contribute from the member's compensation according to one of the following rate structures in addition to the mandatory minimum five percent:Option AContribution RateAll Ages0.0% fixedOption B Up to Age 350.0%Age 35 to 441.0%Age 45 and above2.5%Option C Up to …
RCW 41.34.050 Legislature may contribute to members' accounts.
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The legislature may authorize contributions to the members' accounts for a biennium through budget appropriation.[ 1995 c 239 s 205.]Notes:Intent—Purpose—1995 c 239: See note following RCW 41.32.831.Effective date—Part and subchapter headings not law—1995 c 239: See notes followi…
RCW 41.34.060 Members' accounts—Investment—Election.
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(1) Members may select investments as provided in subsections (2) and (4) of this section. If a member of the public employees' retirement system entering plan 3 under RCW 41.40.785, a member of the teachers' retirement system entering plan 3 under RCW 41.32.835, or a member of t…
RCW 41.34.070 Distribution options.
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(1) If the member retires, becomes disabled, or otherwise terminates employment, the balance in the member's account may be distributed in accordance with an option selected by the member either as a lump sum or pursuant to other options authorized by the department.(2) If the me…
RCW 41.34.080 Benefits exempt from taxation, garnishment, other processes of law—Exceptions.
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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 pension, an annuity, a retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, …
RCW 41.34.090 Administration of chapter—Construction—Severability.
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(1) The retirement plan created by this chapter shall be administered so as to comply with the federal Internal Revenue Code, Title 26 U.S.C., and specifically with plan qualification requirements imposed on governmental plans by section 401(a) of the Internal Revenue Code.(2) An…
RCW 41.34.100 Benefits not contractual right until date specified.
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(1) The benefits provided pursuant to chapter 239, Laws of 1995 are not provided to employees as a matter of contractual right prior to July 1, 1996. The legislature retains the right to alter or abolish these benefits at any time prior to July 1, 1996.(2) The benefits provided p…
RCW 41.34.110 Reentry.
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A member who separates from service and then reestablishes membership may restore contributions to the member account.[ 1996 c 39 s 12.]Notes:Effective dates—1996 c 39: See note following RCW 41.32.010.
RCW 41.34.120 Money, property, income held in trust.
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All moneys in members' accounts, all property and rights purchased therewith, and all income attributable thereto, shall be held in trust by the state investment board, as set forth under RCW 43.33A.030, for the exclusive benefit of the members and their beneficiaries.[ 1998 c 34…
RCW 41.34.130 Self-directed investment—Default investment options—Duties of state investment board and department—Expenses—Recordkeeping.
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(1) The state investment board has the full authority to invest all self-directed investment moneys in accordance with RCW 43.84.150 and 43.33A.140, the default investment options set forth in RCW 41.34.060(1), and cumulative investment directions received pursuant to RCW 41.34.0…
RCW 41.34.140 Liability for loss or deficiencies—Limitations.
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(1) A state board or commission, agency, or any officer, employee, or member thereof is not liable for any loss or deficiency resulting from member defined contribution investments selected, made, or required pursuant to RCW 41.34.060 (1), (2), or (4).(2) Neither the department, …
RCW 41.34.900 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 41.35.005 Intent.
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The legislature recognizes that teachers and school district employees share the same educational work environment and academic calendar.It is the intent of the legislature to achieve similar retirement benefits for all educational employees by transferring the membership of clas…
RCW 41.35.010 Definitions.
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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 R…
RCW 41.35.015 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 41.35.020 System created—Administration.
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A retirement system is hereby created for the employees of school districts or educational service districts. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authority to make all rules ne…
RCW 41.35.030 Membership.
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Membership in the retirement system shall consist of all regularly compensated classified employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:(1) Persons in ineligible positions;(2)(a) Persons holding elective of…
RCW 41.35.033 Membership—Service credit—Substitute employees—Rules.
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(1) A substitute employee who works five or more months of seventy or more hours for which earnable compensation is paid in a school year may apply to the department to establish membership after the end of the school year during which the work was performed. The application must…
RCW 41.35.035 Membership in system—Charter school employers and employees.
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This section designates charter schools established under chapter 28A.710 RCW as employers and charter school employees as members, and applies only if the department of retirement systems receives determinations from the internal revenue service and the United States department …