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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 41.37.300 Election to transfer public employees' retirement system service credit—Eligibility—Retroactive to July 1, 2006.
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(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 les…
RCW 41.37.301 Election to transfer public employees' retirement system service credit—Certain employees providing nursing care.
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(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…
RCW 41.37.305 Public safety telecommunicators—Transfer from public employees' retirement system—Election period.
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(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…
RCW 41.37.310 Certain department of social and health services employees—Transfer from public employees' retirement system—Election period.

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(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 …

RCW 41.37.900 Benefits not contractual right until July 1, 2006.

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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.]

RCW 41.37.901 Effective date—2004 c 242.

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

RCW 41.37.902 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 41.40.005 Provisions applicable to "plan 1," "plan 2," and "plan 3."

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RCW 41.40.010 through * 41.40.112 shall apply to members of plan 1, plan 2, and plan 3. [ 2000 c 247 s 101; 1992 c 72 s 8; 1991 c 35 s 69; 1989 c 273 s 20; 1989 c 272 s 7; 1979 ex.s. c 249 s 6; 1977 ex.s. c 295 s 21.] Notes: *Reviser's note: RCW 41.40.112 was decodified August 19…

RCW 41.40.010 Definitions.

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As used in this chapter, unless a different meaning is plainly required by the context: (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 RCW 41.50.165(2), toge…

RCW 41.40.015 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 41.40.020 System created—Administration.

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A state employees' retirement system is hereby created for the employees of the state of Washington and its political subdivisions. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authorit…

RCW 41.40.023 Membership.

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Membership in the retirement system shall consist of all regularly compensated employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions: (1) Persons in ineligible positions; (2) Employees of the legislature except the…

RCW 41.40.025 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 …

RCW 41.40.028 Nonelective position employees employed for at least nine months—Deemed in eligible position, when.

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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. [ 1980 c 112 s 2. F…

RCW 41.40.034 Purchase of additional service credit—Costs—Rules.

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(1) A member eligible to retire under RCW 41.40.180, 41.40.630, or 41.40.820 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 …

RCW 41.40.035 Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials.

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(1) No person appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such committee, board, or commission for fewer than ten days or seventy hours in any month, whichever amount is less, shall receive service cre…

RCW 41.40.037 Service by retirees—Break in employment requirement—Reduction of retirement allowance upon reemployment—Reestablishment of membership.

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(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 eight hours worked during that month. This reduction will be appl…

RCW 41.40.038 Duty disability retirement recipients—Continued service credit.

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Those members subject to this chapter who became disabled in the line of duty on or after March 27, 1984, 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 t…

RCW 41.40.042 Members agree to deductions.

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The deductions from the compensation of members, provided for in RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, 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…

RCW 41.40.048 Employer's contribution—Computation—Billing.

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(1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable. (2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by applying the applicable…

RCW 41.40.052 Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized.

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(1) Subject to subsections (2), (3), and (4) 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 the provisions of this chapter, the various funds created by this c…

RCW 41.40.054 Disability retirement—Criminal conduct.

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A member shall not receive a disability retirement benefit under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235, 41.40.250, 41.40.670, or 41.40.825 if the disability is the result of criminal conduct by the member committed after April 21, 1997. [ 2000 c 247 s 104; 1997 c 103 s 3…

RCW 41.40.055 Penalty for false statements.

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Any person who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud the retirement system as a result of such act, shall be guilty of a gross misdemeanor. [ 1947 c 274 s 41;…

RCW 41.40.056 Establishment of service credit—Former employees—Employers admitted before July 23, 1995.

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Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before July 23, 1995, membership service may be established for the employer's former employees who are active members of the system if the member or member's former employer pays an…

RCW 41.40.057 Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.

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(1) This section applies to the establishment of membership service with employers admitted to the retirement system after July 23, 1995. (2) For current employees, membership service may be established for periods of employment with an employer prior to the employer's admission …

RCW 41.40.058 Transfer of service credit from statewide city employees' retirement system.

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(1) Any person who was a member of the statewide city employees' retirement system governed by chapter 41.44 RCW and who also became a member of this retirement system on or before July 26, 1987, may, in a writing filed with the director, elect to: (a) Transfer to this retirement…

RCW 41.40.059 Credit for service in Seattle's police relief and pension fund system.

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Any active member of this retirement system who has previously established ten or more years' service credit in the city of Seattle's police relief and pension fund system, who withdrew his or her contributions from Seattle's police relief and pension fund system prior to July 1,…

RCW 41.40.061 Credit for service in Seattle's police relief and pension fund system—Terms and conditions.

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(1) A member who fulfills the requirements of RCW 41.40.059 may file a written declaration no later than September 30, 1992, with the department and the Seattle police relief and pension fund system indicating the member's desire to make an irrevocable transfer of credit from the…

RCW 41.40.062 Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible employees members of system—Exception.

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(1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority. (2) On and after September 1, 1965, every schoo…

RCW 41.40.068 Hearing prior to appeal—Required—Notice.

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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 …

RCW 41.40.073 Hearing prior to appeal—Conduct of hearing.

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Following its receipt of a notice for hearing in accordance with RCW 41.40.068, a hearing shall be held by the director or a duly authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearing shall be conduc…

RCW 41.40.078 Judicial review in accordance with administrative procedure act.

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Judicial review of any final decision and order by the director is governed by the provisions of chapter 34.05 RCW. [ 1989 c 175 s 88; 1969 c 128 s 16; 1963 c 174 s 18; 1953 c 200 s 20; 1951 c 50 s 14. Formerly RCW 41.40.420.] Notes: Effective date—1989 c 175: See note following …

RCW 41.40.082 Appeal—No bond required.

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No bond of any kind shall 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. [ 1991 c 35 s 95; 1971 c 81 s 105; 1951 c 50 s 16.…

RCW 41.40.088 Education employment—Service credit—Computation.

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(1) A plan 1 member who is employed by a school district or districts, an educational service district, the Washington center for deaf and hard of hearing youth, the state school for the blind, institutions of higher education, or community colleges: (a) Shall receive a service c…

RCW 41.40.092 Transfer of cadet service credit 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 1 or plan 2 while employed by the state patrol as a cadet as defined in *RCW 43.43.120(6)(b) may have such service c…

RCW 41.40.0931 Death benefit—Course of employment as a police officer—Occupational disease or infection.

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(1) A one hundred fifty thousand dollar death benefit for members who had the opportunity to transfer to the law enforcement officers' and firefighters' retirement system pursuant to chapter 502, Laws of 1993, but elected to remain in the public employees' retirement system, shal…

RCW 41.40.0932 Death benefit—Course of employment—Occupational disease or infection.

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(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member has nominated by written designation duly executed and filed with the department. If no such designated person or persons are…

RCW 41.40.095 Transfer of membership from judicial retirement system.

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(1) Any member of the Washington judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter shall file a written request with the director as required by RCW 2.10.040 on or before December 31, 1989, or within one year a…

RCW 41.40.096 Law enforcement officers—Dual membership—Plan 1 exception.

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(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 on or before January 1, 2003, and on July 27, 2003, is employed by the department of fish and wildlife as a law enforcement officer as defined in RCW 41.26.030, shall become a member of t…

RCW 41.40.098 Transfer of former service from judicial retirement system.

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A former member of the Washington judicial retirement system who: (1) Is not serving as a judge on July 1, 1988; (2) has not retired under the applicable provisions of chapter 2.10 RCW; and (3) subsequently reacquires membership in the public employees' retirement system may, by …

RCW 41.40.102 Effect of certain accumulated vacation leave on retirement benefits.

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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. [ 1983 c 283 s 4. Formerly RCW 41.40.800.]

RCW 41.40.103 Benefit calculation—Limitation.

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(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 thi…

RCW 41.40.104 Establishing, restoring service credit.

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Notwithstanding any provision to the contrary, persons who fail to: (1) Establish allowable membership service not previously credited; (2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or (3) Restore service credit r…

RCW 41.40.1041 Prior service for plan 2 or 3 members—One-half service credit.

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(1) By no later than December 31, 2010, the department shall recalculate service credit for periods of qualifying prior service by an eligible member, as provided for in this section. (2) An eligible member is a member of plan 2 or 3 who is active in the retirement system and who…

RCW 41.40.105 Chapter not applicable to officers and employees of state convention and trade center.

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The provisions of this chapter shall not be applicable to the officers and employees of the nonprofit corporation formed under *chapter 67.40 RCW. [ 1984 c 210 s 6. Formerly RCW 41.40.810.] Notes: *Reviser's note: A majority of chapter 67.40 RCW was repealed by 2010 1st sp.s. c 1…

RCW 41.40.108 Higher education classified employees—Membership in the public employees' retirement system.

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(1) All classified employees employed by Washington State University on and after April 24, 1973, and otherwise eligible shall become members of the Washington public employees' retirement system to the exclusion of any other retirement benefit system at the institution unless ot…

RCW 41.40.109 Retirement system employer—Termination of status.

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(1) Employers that are organized pursuant to chapter 36.100, 36.102, or 81.112 RCW, who have become retirement system employers since 1993, and who have previously excluded some of their employees from retirement system membership pursuant to the limitation in RCW 41.40.023(4), s…

RCW 41.40.111 Retirement system employer—Unit of government.

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(1) When a unit of government has become a retirement system employer, all of its employees must be included in the plan membership, if otherwise eligible under this chapter, unless the employee is exempted from membership or qualifies for optional membership pursuant to RCW 41.4…

RCW 41.40.113 Public safety employees' retirement system—Election—Membership.

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(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 before July 1, 2006, and on July 1, 2006, is employed by an employer as defined in *RCW 41.37.010(4) and is an employee in a job class included in *RCW 41.37.010(5), has the following opt…

RCW 41.40.124 Discontinuing judicial retirement account plan contributions—Additional benefit—One-time irrevocable election—Justices and judges.

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(1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or plan 2 employed as a supreme court justice, court of appeals judge, or superior court judge may make a one-time irrevocable election, filed in writing with the member's employer, the department, and the adm…