title: RCW 41.14.060

text:
It shall be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, reallocations, transfers, reinstatements, demotions, suspensions, and discharges shall be made, and may also provide for any other matters connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of this chapter, or which may be found to be in the interest of good personnel administration. The rules and regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from time to time.
(2) To give practical tests which shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical fitness or manual skill or both.
(3) To make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, positions, and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, may administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and also cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered and the subpoenas issued hereunder shall have the same force and effect as the oaths administered and subpoenas issued by a superior court judge in his or her judicial capacity; and the failure of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such.
(4) To conduct hearings and investigations in accordance with this chapter and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be bound by technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the commission: PROVIDED, That no order, decision, rule, or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members.
(5) To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee, and such other matters as may be referred to the commission.
(6) To provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions, and provide that persons laid off, or who have accepted voluntary demotion in lieu of layoff, because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed or reinstated in their former job class.
(7) To certify to the appointing authority, when a vacant position is to be filled, on written request, the names of the five persons highest on the eligible list for the class. If there is no such list, to authorize a provisional or temporary appointment list for such class. A temporary appointment expires after four months. However, the appointing authority may extend the temporary appointment beyond the four-month period up to one year if the commission continues to advertise and test for the position. If, after one year from the date the initial temporary appointment was first made, there are less than five persons on the eligible list for the class, then the appointing authority may fill the position with any person or persons on the eligible list.
(8) To keep such records as may be necessary for the proper administration of this chapter.
[ 2020 c 14 s 1; 2012 c 117 s 12; 2001 c 232 s 1; 1979 ex.s. c 153 s 2; 1959 c 1 s 6 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Powers and duties of commission.


doc_type: statute

jurisdiction: wa

title: RCW 41.14.065

text:
Any county with a population of one million or more may assign the powers and duties of the commission to such county agencies or departments as may be designated by charter or ordinance: PROVIDED, That the powers and duties of the commission under RCW 41.14.120 shall not be assigned to any other body but shall continue to be vested in the commission, which shall exist to perform such powers and duties, together with such other adjudicative functions as may be designated by charter or ordinance.
[ 1991 c 363 s 115; 1987 c 251 s 2.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Delegation of powers and duties of commission in county with a population of one million or more.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.14.070

text:
(1) The classified civil service and provisions of this chapter shall include all deputy sheriffs and other employees of the office of sheriff in each county except the county sheriff in every county and an additional number of positions, designated the unclassified service, determined as follows:
Staff Personnel
Unclassified
Position Appointments
1
through 10
2
11
through 20
3
21
through 50
4
51
through 100
5
101
through 250
6
251
through 500
8
501
and over
10
(2) The unclassified position appointments authorized by this section must include selections from the following positions up to the limit of the number of positions authorized: Undersheriff, inspector, chief criminal deputy, chief civil deputy, jail superintendent, and administrative assistant or administrative secretary. The initial selection of specific positions to be exempt shall be made by the sheriff, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are to be exempt may be made only with the concurrence of the sheriff and the civil service commission, and then only after the civil service commission has heard the issue in open meeting. Should the position or positions initially selected by the sheriff to be exempt (unclassified) pursuant to this section be under the classified civil service at the time of such selection, and should it (or they) be occupied, the employee(s) occupying said position(s) shall have the right to return to the next highest position or a like position under classified civil service.
(3) In counties with a sheriff's department that operates the 911 emergency communications system, in addition to the unclassified positions authorized in subsections (1), (2), and (4) of this section, the sheriff may designate one unclassified position for the 911 emergency communications system.
(4) In addition to the unclassified positions authorized in this section, the county legislative authority of any county with a population of five hundred thousand or more operating under a home rule charter may designate unclassified positions of administrative responsibility not to exceed twenty positions.
[ 2001 c 151 s 1; 1997 c 62 s 1; 1991 c 363 s 116; 1979 ex.s. c 153 s 3; 1975 1st ex.s. c 186 s 1; 1959 c 1 s 7 (Initiative Measure No. 23, approved November 4, 1958).]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Classified and unclassified service designated—Procedures.


title: RCW 41.14.080

text:
All appointments to and promotions to positions in the classified civil service of the office of county sheriff shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation: PROVIDED, That before June 30, 1981, employees in an existing county personnel system may be transferred to newly created and classified positions within such county's sheriff's office, in order to permanently transfer the functions of these positions, without meeting the open competitive examination requirements of this section if the transfer is approved by the civil service commission created in RCW 41.14.030. No person in the classified civil service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter.
[ 1980 c 108 s 1; 1959 c 1 s 8 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Classified service—Appointment, promotion, transfer, suspension, discharge.


title: RCW 41.14.090

text:
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment hereof, all persons holding a position which is deemed classified by RCW 41.14.070 for a continuous period of six months prior to December 4, 1958, are eligible for permanent appointment under civil service to the offices, places, positions, or employments which they then held without examination or other act on their part, and not on probation; and every such person is automatically adopted and inducted permanently into civil service, into the office, place, position, or employment which he or she then held as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation.
[ 2012 c 117 s 13; 1959 c 1 s 9 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Status of existing employees in classified service.


title: RCW 41.14.100

text:
An applicant for a position of any kind under civil service under the provisions of this chapter, must be a citizen of the United States, a lawful permanent resident, or a deferred action for childhood arrivals recipient. An applicant for a position of any kind under civil service under the provisions of this chapter must be able to speak, read, and write the English language.
An application for a position with a law enforcement agency may be rejected if the law enforcement agency deems that it does not have the resources to conduct the background investigation required pursuant to chapter 43.101 RCW. Resources means materials, funding, and staff time. Nothing in this section impairs an applicant's rights under state antidiscrimination laws.
[ 2024 c 330 s 7; 2018 c 32 s 3; 1963 c 95 s 3; 1959 c 1 s 10 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Qualifications of applicants for position—Law enforcement agencies.


title: RCW 41.14.110

text:
The tenure of every person holding an office, place, position, or employment under the provisions of this chapter shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid, or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving moral turpitude;
(7) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
[ 2012 c 117 s 14; 1959 c 1 s 11 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Tenure—Grounds for deprivation.


title: RCW 41.14.120

text:
No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted, or discharged except for cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, discharged, or demoted may within ten days from the time of his or her removal, suspension, discharge, or demotion file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. Upon receipt of the written demand for an investigation, the commission shall within ten days set a date for a public hearing which will be held within thirty days from the date of receipt. The investigation shall be confined to the determination of the question of whether the removal, suspension, demotion, or discharge was made in good faith for cause. After such investigation the commission shall render a written decision within ten days and may affirm the removal, suspension, demotion, or discharge, or if it finds that removal, suspension, demotion, or discharge was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position, or employment from which he or she was removed, suspended, demoted, or discharged, which reinstatement shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation from the time of the removal, suspension, demotion, or discharge. The commission upon such investigation, in lieu of affirming a removal, suspension, demotion, or discharge, may modify the order by directing the removal, suspension, demotion, or discharge without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to this section shall be by public hearing, after reasonable notice to the accused of the time and place thereof, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his or her defense. If order of removal, suspension, demotion, or discharge is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of the county wherein he or she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to its order, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice, make, certify, and file such transcript with the court. The court shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing shall be confined to the determination of whether the order of removal, suspension, demotion, or discharge made by the commission, was or was not made in good faith for cause, and no appeal shall be taken except upon such ground or grounds. The decision of the superior court may be appealed to the supreme court or the court of appeals.
[ 2012 c 117 s 15; 1984 c 199 s 1; 1982 c 133 s 1; 1971 c 81 s 102; 1959 c 1 s 12 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Removal, suspension, demotion, or discharge—Procedure—Appeal.


title: RCW 41.14.130

text:
Whenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall requisition the commission for the names and addresses of persons eligible for appointment thereto. Before a requisition can be made, the appointing authority shall give employees of the appointing authority who are in layoff status or who have been notified of an intended layoff an opportunity to qualify for any class within the office of the appointing authority. The commission shall certify the names of the five persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the names of the five persons standing highest on the list held appropriate for such class. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The appointing power shall forthwith appoint a person from those certified to the vacant position.
To enable the appointing power to exercise a greater degree of choice in the filling of positions, no appointment, employment, or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one year's probationary service, as may be provided in the rules of the civil service commission, during which the appointing power may terminate the employment of the person appointed, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems such person unfit or unsatisfactory for service in the office of county sheriff. Thereupon the appointing power shall again requisition the commission for the names and addresses of persons eligible for appointment in the manner provided by this section and the person appointed in the manner provided by this section shall likewise enter upon said duties for the probationary period, until some person is found who is deemed fit for appointment, employment, or promotion whereupon the appointment, employment, or promotion shall be deemed complete.
[ 2020 c 14 s 2; 1984 c 199 s 2; 1979 ex.s. c 153 s 4; 1959 c 1 s 13 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Filling vacancies in classified service—Eligibility list—Probation.


title: RCW 41.14.140

text:
All offices, places, positions, and employments coming within the purview of this chapter, shall be filled by the appointing power with the consent of the board of county commissioners, and nothing herein contained shall infringe upon such authority that an appointing power may have to fix the salaries and compensation of all employees employed hereunder.
[ 1959 c 1 s 14 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Power to fill positions—Consent of county commissioners—Salaries and compensation.


title: RCW 41.14.150

text:
No treasurer, auditor or other officer, or employee of any county subject to this chapter shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and scope of this chapter, unless a payroll, estimate, or account for such salary, wage, or other compensation, containing the names of the persons to be paid, the amount to be paid to each such person, the services on account of which same is paid, and any other information which, in the judgment of the civil service commission, should be furnished on such payroll, bears the certificate of the civil service commission, or of its chief examiner or other duly authorized agent, that the persons named therein have been appointed or employed in compliance with the terms of this chapter and the rules of the commission, and that the payroll, estimate, or account is, insofar as known to the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who wilfully or through culpable negligence, violates or fails to comply with this chapter or with the rules of the commission.
[ 1959 c 1 s 15 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Procedure for payment of compensation—Refusal to pay.


title: RCW 41.14.160

text:
Leave of absence, without pay, may be granted by any appointing power to any person under civil service: PROVIDED, That such appointing power gives notice of the leave to the commission. All temporary employment caused by leaves of absence shall be made from the eligible list of the classified civil service.
[ 1959 c 1 s 16 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Leaves of absence.


title: RCW 41.14.170

text:
The commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and rules of the commission. The commission shall be represented in such suits by the prosecuting attorney of the county. In the case of combined counties any one or more of the prosecuting attorneys of each county so combined may be selected by the commission to represent it.
[ 1959 c 1 s 17 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Actions to enforce chapter—Duties of prosecuting attorneys.


title: RCW 41.14.180

text:
No commissioner or any other person , shall, by himself or herself or in cooperation with others, defeat, deceive, or obstruct any person in respect of his or her right of examination or registration according to the rules and regulations, or falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined, registered, or certified pursuant to this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered, or certified, or persuade any other person, or permit or aid in any manner any other person to personate him or her, in connection with any examination or registration of application or request to be examined or registered.
The right of any person to an appointment or promotion to any position in a sheriff's office shall not be withheld because of his or her race, color, creed, national origin, political affiliation or belief, nor shall any person be dismissed, demoted, or reduced in grade for such reason.
[ 2012 c 117 s 16; 1959 c 1 s 18 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Prohibited acts relating to registration, examination, certification—Discrimination prohibited.


title: RCW 41.14.190

text:
No person holding any office, place, position, or employment subject to civil service, shall contribute to any political fund or render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service or promise or threaten so to do for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.
[ 1959 c 1 s 19 (Initiative Measure No. 23, approved November 4, 1958).]
Notes:
Political activities of public employees: RCW 41.06.250.

catchline: Political activities regulated.


title: RCW 41.14.200

text:
All officers and employees of each county shall aid in all proper ways in carrying out the provisions of this chapter, and such rules and regulations as may, from time to time, be prescribed by the commission and afford the commission, its members, and employees, all reasonable facilities and assistance in the inspection of books, papers, documents, and accounts applying or in any way appertaining to any and all offices, places, positions, and employments, subject to civil service, and also shall produce such books, papers, documents, and accounts, and attend and testify, whenever required so to do by the commission or any commissioner.
[ 1959 c 1 s 20 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Cooperation and aid by other county officers and employees.


title: RCW 41.14.210

text:
The county legislative authority or [of] each county with a population of two hundred ten thousand or more may provide in the county budget for each fiscal year a sum equal to one percent of the preceding year's total payroll of those included under the jurisdiction and scope of this chapter. The funds so provided shall be used for the support of the commission. Any part of the funds so provided and not expended for the support of the commission during the fiscal year shall be placed in the general fund of the county, or counties according to the ratio of contribution, on the first day of January following the close of such fiscal year.
[ 1991 c 363 s 117; 1971 ex.s. c 214 s 3; 1959 c 1 s 21 (Initiative Measure No. 23, approved November 4, 1958).]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Funds for commission in counties with populations of two hundred ten thousand or more—County budget—Surplus.


title: RCW 41.14.220

text:
Any person who wilfully violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars and by imprisonment in the county jail for not longer than thirty days or by both such fine and imprisonment. The superior court shall have jurisdiction of all such offenses.
[ 1959 c 1 s 22 (Initiative Measure No. 23, approved November 4, 1958).]

catchline: Penalty—Jurisdiction.


title: RCW 41.14.250

text:
When any city or town shall contract with the county sheriff's office to obtain law enforcement services to the city or town, any employee of the police department of such city or town who (1) was at the time such contract was entered into employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the county sheriff's office under such contract (2) will, as a direct consequence of such contract, be separated from the employ of the city or town, and (3) meets the minimum standards and qualifications of the county sheriff's office, then such employee may transfer his or her employment to the county sheriff's office as provided for in RCW 41.14.260 and 41.14.270.
[ 2012 c 117 s 17; 1972 ex.s. c 48 s 1.]

catchline: City contracts to obtain sheriff's office law enforcement services—Transfer of police department employees.


title: RCW 41.14.260

text:
(1) An eligible employee may transfer into the county civil service system for the sheriff's office by filing a written request with the county civil service commission and by giving written notice thereof to the legislative authority of the city or town. Upon receipt of such request by the civil service commission the transfer of employment shall be made. The employee so transferring will (1) be on probation for the same period as are new employees of the sheriff's office, (2) be eligible for promotion after completion of the probationary period as completed, (3) receive a salary at least equal to that of other new employees of the sheriff's office, and (4) in all other matters, such as retirement, vacation, etc., have, within the county civil service system, all the rights, benefits, and privileges that he or she would have been entitled to had he or she been a member of the county sheriff's office from the beginning of his or her employment with the city or town police department. The city or town shall, upon receipt of such notice, transmit to the county civil service commission a record of the employee's service with the city or town which shall be credited to such member as a part of his or her period of employment in the county sheriff's office. The sheriff may appoint the transferring employee to whatever duties he or she feels are in the best interest of the department and the individual.
(2) If in the process of contracting for law enforcement services economies or efficiencies are achieved or if the city or town intends by such contract to curtail expenditures and the level of services to the city or town, then only so many of the transferring employees shall be placed upon the payroll of the sheriff's office as the sheriff determines are needed to provide the contracted services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in RCW 41.14.250, 41.14.260, and 41.14.270 shall head the list of their respective class or job listing in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the county sheriff's office when appropriate positions become available.
[ 2012 c 117 s 18; 1972 ex.s. c 48 s 2.]

catchline: City contracts to obtain sheriff's office law enforcement services—Transfer of police department employees into county civil service for sheriff's office—Seniority for employment.


title: RCW 41.14.270

text:
When a city or town shall contract with the county sheriff's office for law enforcement services and as a result thereof lays off any employee who is eligible to transfer to the county sheriff's office pursuant to RCW 41.14.250 and 41.14.260, the city or town shall notify such employee of his or her right to so transfer and such employee shall have ninety days to transfer his or her employment to the county sheriff's office: PROVIDED, That any employee layed off [laid off] during the year prior to February 21, 1972 shall have ninety days after the effective date to transfer his or her employment.
[ 2012 c 117 s 19; 1972 ex.s. c 48 s 3.]

catchline: City contracts to obtain sheriff's office law enforcement services—Layoffs—Notice—Time limitation for transfers.


title: RCW 41.14.280

text:
In addition to its other duties prescribed by law, the civil service commission shall make such rules and regulations as may be necessary to provide for the orderly integration of employees of a city or town who shall transfer to the county sheriff's office pursuant to RCW 41.14.250, 41.14.260, and 41.14.270.
[ 1972 ex.s. c 48 s 4.]

catchline: City contracts to obtain sheriff's office law enforcement services—Rules and regulations.


title: RCW 41.14.290

text:
Any classified employee having civil service status in a position may take an appointment in an exempt position in the same county and maintain the right to return to his or her regular position or to a like position at the conclusion of such appointment. Such employee must apply to return to classified service within thirty calendar days of:
(1) Termination of employment in such exempt position; or
(2) Termination of employment in any other exempt position in which the employee subsequently serves provided there was no break in service with the county of more than thirty calendar days.
[ 1979 ex.s. c 153 s 5.]

catchline: Appointment of classified employee to exempt position—Return to regular position.


title: RCW 41.16.010

text:
For the purpose of this chapter, unless clearly indicated by the context, words and phrases shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and who shall be entitled to receive any benefits of a deceased firefighter under this chapter.
(2) "Board" shall mean the municipal firefighters' pension board.
(3) "Child or children" shall mean a child or children unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums deducted from the salary of firefighters and paid into the fund as hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of the municipality.
(7) "Firefighter" shall mean any person regularly or temporarily, or as a substitute, employed and paid as a member of a fire department, who has passed a civil service examination for firefighter and who is actively employed as a firefighter; and shall include any "prior firefighter."
(8) "Fund" shall mean the firefighters' pension fund created herein.
(9) "Municipality" shall mean every city, town, and regional fire protection service authority, having a regularly organized full time, paid, fire department employing firefighters.
(10) "Performance of duty" shall mean the performance of work and labor regularly required of firefighters and shall include services of an emergency nature rendered while off regular duty, but shall not include time spent in traveling to work before answering roll call or traveling from work after dismissal at roll call.
(11) "Prior firefighter" shall mean a firefighter who was actively employed as a firefighter of a fire department prior to the first day of January, 1947, and who continues such employment thereafter.
(12) "Retired firefighter" shall mean and include a person employed as a firefighter and retired under the provisions of chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife, husband, or state registered domestic partner of a retired firefighter who was retired on account of length of service and who was lawfully married to, or in a state registered domestic partnership with, such firefighter; and whenever that term is used with reference to the wife or former wife, husband or former husband, or current or former state registered domestic partner of a retired firefighter who was retired because of disability, it shall mean his or her lawfully married wife, husband, or state registered domestic partner on the date he or she sustained the injury or contracted the illness that resulted in his or her disability. Said term shall not mean or include a surviving wife, husband, or state registered domestic partner who by process of law within one year prior to the retired firefighter's death, collected or attempted to collect from him or her funds for the support of herself or himself or for his or her children.
[ 2020 c 107 s 1; 2009 c 521 s 88; 2007 c 218 s 18; 2003 c 30 s 1; 1973 1st ex.s. c 154 s 61; 1947 c 91 s 1; Rem. Supp. 1947 s 9578-40.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Definitions.


title: RCW 41.16.020

text:
(1) There is hereby created in each city and town a municipal firefighters' pension board to consist of the following five members, ex officio, the mayor, or in a city of the first class, the mayor or a designated representative who shall be an elected official of the city, who shall be chairperson of the board, the city comptroller or clerk, the chairperson of finance of the city council, or if there is no chairperson of finance, the city treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board. The members to be elected by the firefighters shall be elected annually for a two year term. The two firefighters elected as members shall, in turn, select a third eligible member who shall serve as an alternate in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighters or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be, a member of the board. In case of absence or inability of the chairperson to act, the board may select a chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the chairperson. A majority of the members of the board shall constitute a quorum and have power to transact business.
(2) If no eligible regularly employed or retired firefighters are willing or able to be elected to the board under subsection (1) of this section, then the following individuals may be elected to the board under subsection (1) of this section:
(a) Any active or retired firefighters who reside within the jurisdiction served by the board. This includes active and retired firefighters under this chapter and chapters 41.18, 41.26, and 52.26 RCW;
(b) The widow or widower of a firefighter subject to the jurisdiction of the board.
[ 2020 c 107 s 2; 2007 c 218 s 19; 2003 c 30 s 2; 1988 c 164 s 2; 1973 1st ex.s. c 19 s 1; 1961 c 255 s 10; 1947 c 91 s 2; Rem. Supp. 1947 s 9578-41. Prior: 1935 c 39 s 1; 1919 c 196 s 3; 1909 c 50 ss 1, 2.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
PDF
RCW 41.16.020
Pension board created—Members—Terms—Vacancies—Officers—Quorum. (Effective June 30, 2029.)
(1) There is hereby created in each city and town a municipal firefighters' pension board to consist of the following five members, ex officio, the mayor, or in a city of the first class, the mayor or a designated representative who shall be an elected official of the city, who shall be chairperson of the board, the city comptroller or clerk, the chairperson of finance of the city council, or if there is no chairperson of finance, the city treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board. The members to be elected by the firefighters shall be elected annually for a two year term. The two firefighters elected as members shall, in turn, select a third eligible member who shall serve as an alternate in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighters or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be, a member of the board. In case of absence or inability of the chairperson to act, the board may select a chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the chairperson. A majority of the members of the board shall constitute a quorum and have power to transact business.
(2) If no eligible regularly employed or retired firefighters are willing or able to be elected to the board under subsection (1) of this section, then the following individuals may be elected to the board under subsection (1) of this section:
(a) Any active or retired firefighters who reside within the jurisdiction served by the board. This includes active and retired firefighters under this chapter and chapters 41.18, 41.26, 41.26A, and 52.26 RCW;
(b) The widow or widower of a firefighter subject to the jurisdiction of the board.
[ 2026 c 261 s 419; 2020 c 107 s 2; 2007 c 218 s 19; 2003 c 30 s 2; 1988 c 164 s 2; 1973 1st ex.s. c 19 s 1; 1961 c 255 s 10; 1947 c 91 s 2; Rem. Supp. 1947 s 9578-41. Prior: 1935 c 39 s 1; 1919 c 196 s 3; 1909 c 50 ss 1, 2.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Pension board created—Members—Terms—Vacancies—Officers—Quorum. (Effective until June 30, 2029.)


title: RCW 41.16.030

text:
The board shall meet at least once quarterly, the date to be fixed by regulation of the board, at such other regular times as may be fixed by a regulation of the board; and at any time upon call of the chairperson, of which due advance notice shall be given the other members of the board.
[ 2007 c 218 s 20; 2002 c 15 s 1; 1947 c 91 s 3; Rem. Supp. 1947 s 9578-42. Prior: 1929 c 86 s 1; 1919 c 196 s 3; 1909 c 50 s 3.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Meetings.


title: RCW 41.16.040

text:
The board shall have such general powers as are vested in it by the provisions of this chapter, and in addition thereto, the power to:
(1) Generally supervise and control the administration of this chapter and the firefighters' pension fund created hereby.
(2) Pass upon and allow or disallow all applications for pensions or other benefits provided by this chapter.
(3) Provide for payment from said fund of necessary expenses of maintenance and administration of said pension system and fund.
(4) Invest the moneys of the fund in a manner consistent with the investment policies outlined in RCW 35.39.060. Authorized investments shall include investment grade securities issued by the United States, state, municipal corporations, other public bodies, corporate bonds, and other investments authorized by RCW 35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130, 39.60.010, 39.60.020, 68.52.060, and 68.52.065.
(5) Employ such agents, employees and other personnel as the board may deem necessary for the proper administration of this chapter.
(6) Compel witnesses to appear and testify before it, in the same manner as is or may be provided by law for the taking of depositions in the superior court. Any member of the board may administer oaths to witnesses who testify before the board of a nature and in a similar manner to oaths administered by superior courts of the state of Washington.
(7) Issue vouchers approved by the chairperson and secretary and to cause warrants therefor to be issued and paid from said fund for the payment of claims allowed by it.
(8) Keep a record of all its proceedings, which record shall be public; and prepare and file with the city treasurer and city clerk or comptroller prior to the date when any payments are to be made from the fund, a list of all persons entitled to payment from the fund, stating the amount and purpose of such payment, said list to be certified to and signed by the chairperson and secretary of the board and attested under oath.
(9) Make rules and regulations not inconsistent with this chapter for the purpose of carrying out and effecting the same.
(10) Appoint one or more duly licensed and practicing physicians who shall examine and report to the board upon all applications for relief and pension under this chapter. Such physicians shall visit and examine all sick firefighters and firefighters who are disabled when, in their judgment, the best interests of the relief and pension fund require it or when ordered by the board. They shall perform all operations on such sick and injured firefighters and render all medical aid and care necessary for the recovery of such firefighters on account of sickness or disability received while in the performance of duty as defined in this chapter. Such physicians shall be paid from said fund, the amount of said fees or salary to be set and agreed upon by the board and the physicians. No physician not regularly appointed or specially appointed and employed, as hereinafter provided, shall receive or be entitled to any fees or compensation from said fund as attending physician to a sick or injured firefighter. If any sick or injured firefighter refuses the services of the appointed physicians, or the specially appointed and employed physician, he or she shall be personally liable for the fees of any other physician employed by him or her. No person shall have a right of action against the board or the municipality for negligence of any physician employed by it. The board shall have the power and authority to select and employ, besides the regularly appointed physician, such other physician, surgeon or specialist for consultation with, or assistance to the regularly appointed physician, or for the purpose of performing operations or rendering services and treatment in particular cases, as it shall deem advisable, and to pay fees for such services from said fund. Said board shall hear and decide all applications for such relief or pensions under this chapter, and its decisions on such applications shall be final and conclusive and not subject to revision or reversal except by the board.
[ 2015 1st sp.s. c 4 s 30; 2007 c 218 s 21; 1992 c 89 s 1; 1967 ex.s. c 91 s 1; 1947 c 91 s 4; Rem. Supp. 1947 s 9578-43. Prior: 1929 c 86 s 1; 1919 c 196 s 3; 1909 c 50 s 3.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Powers and duties.


title: RCW 41.16.050

text:
There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the firefighters' pension fund, which shall consist of: (1) All bequests, fees, gifts, emoluments, or donations given or paid thereto; (2) twenty-five percent of all moneys received by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by firefighters as provided for herein. The moneys received from the tax on fire insurance premiums under the provisions of this chapter shall be distributed in the proportion that the number of paid firefighters in the city, town, or fire protection district bears to the total number of paid firefighters throughout the state to be ascertained in the following manner: The secretary of the firefighters' pension board of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of paid firefighters in the fire department in such city, town, or fire protection district. For any city or town annexed by a fire protection district at any time before, on, or after June 9, 1994, the city or town shall continue to certify to the state treasurer the number of paid firefighters in the city or town fire department immediately before annexation until all obligations against the firefighters' pension fund in the city or town have been satisfied. For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of paid firefighters certified by an annexing fire protection district. The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town, or fire protection district shall place the amount thereof to the credit of the firefighters' pension fund of such city, town, or fire protection district.
[ 2007 c 218 s 22; 1999 c 117 s 3; 1994 c 273 s 23; 1986 c 296 s 3; 1982 1st ex.s. c 35 s 16; 1967 c 42 s 1; 1961 c 255 s 8; 1949 c 45 s 1; 1947 c 91 s 5; Rem. Supp. 1949 s 9578-44. Prior: 1929 c 86 s 11; 1919 c 196 s 14.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—Effective date—1986 c 296: See notes following RCW 48.14.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Insurance premiums taxes: RCW 48.14.020.

catchline: Firefighters' pension fund—How constituted.


title: RCW 41.16.060

text:
(1) It is the duty of the legislative authority of each municipality, each year as a part of its annual tax levy, to levy and place in the fund a tax of twenty-two and one-half cents per thousand dollars of assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose.
(2) It is the duty of the legislative authority of each municipality, each year as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in the fund an additional tax of twenty-two and one-half cents per thousand dollars of assessed value against all taxable property of such municipality: PROVIDED, That if a report by a qualified actuary establishes that all or any part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this chapter for the ensuing budget year, the levy of said additional twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose, subject to subsection (4) of this section: PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 and/or fire protection districts according to RCW 52.04.061 through 52.04.081 may not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits.
(3) The amount of a levy under this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW.
(4) If a municipality no longer has any beneficiaries receiving benefits under this chapter, the whole or any part of such additional levy under subsection (2) of this section may continue to be levied for the payment of benefits provided under RCW 41.26.150(1) or other municipal purpose until such time that the municipality no longer has any beneficiaries receiving benefits under RCW 41.26.150(1), however the proceeds of the additional levy must be annually expended for payment of benefits provided under RCW 41.26.150(1) prior to being spent for any other purpose.
[ 2019 c 320 s 1; 1987 c 319 s 2; 1980 c 155 s 4; 1973 1st ex.s. c 195 s 43; 1973 1st ex.s. c 195 s 144; 1970 ex.s. c 92 s 2; 1965 ex.s. c 45 s 1; 1961 c 255 s 9; 1951 c 72 s 1; 1947 c 91 s 6; Rem. Supp. 1947 s 9578-45. Prior: 1929 c 86 s 12; 1919 c 196 s 15; 1909 c 50 s 14.]
Notes:
Effective date—Applicability—1980 c 155: See note following RCW 84.40.030.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—Application—1970 ex.s. c 92: See note following RCW 84.52.010.
PDF
RCW 41.16.060
Tax levy for fund. (Effective June 30, 2029.)
(1) It is the duty of the legislative authority of each municipality, each year as a part of its annual tax levy, to levy and place in the fund a tax of twenty-two and one-half cents per thousand dollars of assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose.
(2) It is the duty of the legislative authority of each municipality, each year as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in the fund an additional tax of twenty-two and one-half cents per thousand dollars of assessed value against all taxable property of such municipality: PROVIDED, That if a report by a qualified actuary establishes that all or any part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this chapter for the ensuing budget year, the levy of said additional twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose, subject to subsection (4) of this section: PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 and/or fire protection districts according to RCW 52.04.061 through 52.04.081 may not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits.
(3) The amount of a levy under this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW.
(4) If a municipality no longer has any beneficiaries receiving benefits under this chapter, the whole or any part of such additional levy under subsection (2) of this section may continue to be levied for the payment of benefits provided under RCW 41.26A.150(1) or other municipal purpose until such time that the municipality no longer has any beneficiaries receiving benefits under RCW 41.26A.150(1), however the proceeds of the additional levy must be annually expended for payment of benefits provided under RCW 41.26A.150(1) prior to being spent for any other purpose.
[ 2026 c 261 s 420; 2019 c 320 s 1; 1987 c 319 s 2; 1980 c 155 s 4; 1973 1st ex.s. c 195 s 43; 1973 1st ex.s. c 195 s 144; 1970 ex.s. c 92 s 2; 1965 ex.s. c 45 s 1; 1961 c 255 s 9; 1951 c 72 s 1; 1947 c 91 s 6; Rem. Supp. 1947 s 9578-45. Prior: 1929 c 86 s 12; 1919 c 196 s 15; 1909 c 50 s 14.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—Applicability—1980 c 155: See note following RCW 84.40.030.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—Application—1970 ex.s. c 92: See note following RCW 84.52.010.

catchline: Tax levy for fund. (Effective until June 30, 2029.)


title: RCW 41.16.070

text:
(1) Every firefighter employed on and after January 1, 1947, shall contribute to the fund and there shall be deducted from his or her pay and placed in the fund an amount in accordance with the following table:
Firefighter whose
age at last birthday
at time of entry
of service was:
Contributions and
deductions from
salary
21
and under. . . .
5.00%
22
. . . .
5.24%
23
. . . .
5.50%
24
. . . .
5.77%
25
. . . .
6.07%
26
. . . .
6.38%
27
. . . .
6.72%
28
. . . .
7.09%
29
. . . .
7.49%
30
and over. . . .
7.92%
(2) Every firefighter employed prior to January 1, 1947, and continuing active employment shall contribute to the fund and there shall be deducted from his or her salary and placed in the fund, five percent of his or her salary.
(3) Every firefighter actively employed and eligible for retirement and not retired shall contribute to the fund and there shall be deducted from his or her salary and placed in the fund, four percent of his or her salary.
[ 2007 c 218 s 23; 1947 c 91 s 7; Rem. Supp. 1947 s 9578-46. Prior: 1929 c 86 s 14; 1919 c 196 s 18.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Contributions by firefighters.


title: RCW 41.16.080

text:
Any firefighter employed in a fire department on and before the first day of January, 1947, hereinafter in this section and RCW 41.16.090 to 41.16.190 inclusive, referred to as "firefighter," and who shall have served twenty-five or more years and having attained the age of fifty-five years, as a member of the fire department, shall be eligible for retirement and shall be retired by the board upon his or her written request. Upon his or her retirement any firefighter shall be paid a pension based upon the average monthly salary drawn for the five calendar years before retirement, the number of years of his or her service and a percentage factor based upon his or her age on entering service, as follows:
Entrance age at
last birthday
Salary
percentage factor
20
and under. . . .
1.50%
21
. . . .
1.55%
22
. . . .
1.60%
23
. . . .
1.65%
24
. . . .
1.70%
25
. . . .
1.75%
26
. . . .
1.80%
27
. . . .
1.85%
28
. . . .
1.90%
29
. . . .
1.95%
30
and over. . . .
2.00%
Said monthly pension shall be in the amount of his or her average monthly salary for the five calendar years before retirement, times the number of years of service, times the applicable percentage factor.
[ 2007 c 218 s 24; 1959 c 5 s 2; 1957 c 82 s 2. Prior: 1947 c 91 s 8, part; 1935 c 39 s 2, part; 1929 c 86 s 2, part; 1919 c 196 s 4, part; 1909 c 50 s 4, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Retirement for service.


title: RCW 41.16.090

text:
All pensioners receiving a pension under the provisions of this chapter as provided for in section 12, chapter 91, Laws of 1947 and RCW 41.16.230, shall from and after April 25, 1973 receive a minimum pension of three hundred dollars per month.
[ 1973 1st ex.s. c 181 s 1; 1967 ex.s. c 91 s 2; 1959 c 5 s 3; 1957 c 82 s 3. Prior: 1947 c 91 s 8, part; 1935 c 39 s 2, part; 1929 c 86 s 2, part; 1919 c 196 s 4, part; 1909 c 50 s 4, part; Rem. Supp. 1947 s 9578-47, part.]

catchline: Limit of pension.


title: RCW 41.16.100

text:
The widow or widower, child, children or beneficiary of any firefighter retired under this chapter shall receive an amount equal to his or her accumulated contributions to the fund, plus earned interest thereon compounded semiannually: PROVIDED, That there shall be deducted from said sum the amount paid to decedent in pensions and the remainder shall be paid to his or her widow or widower, child, children or beneficiary: PROVIDED FURTHER, That the amount paid shall not be less than one thousand dollars.
[ 2007 c 218 s 25; 1973 1st ex.s. c 154 s 62; 1959 c 5 s 4; 1957 c 82 s 4. Prior: 1947 c 91 s 8, part; 1935 c 39 s 2, part; 1929 c 86 s 2, part; 1919 c 196 s 4, part; 1909 c 50 s 4, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment on death of retired firefighter.


title: RCW 41.16.110

text:
Whenever any firefighter shall die while eligible to retirement on account of years of service, and shall not have been retired, benefits shall be paid in accordance with RCW 41.16.100.
[ 2007 c 218 s 26; 1959 c 5 s 5; 1957 c 82 s 5. Prior: 1947 c 91 s 8, part; 1935 c 39 s 2, part; 1929 c 86 s 2, part; 1919 c 196 s 4, part; 1909 c 50 s 4, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Payment on death of eligible pensioner before retirement.


title: RCW 41.16.120

text:
Whenever any active firefighter or firefighter retired for disability shall die as the result of an accident or other fortuitous event occurring while in the performance of his or her duty, his widow or her widower may elect to accept a monthly pension equal to one-half the deceased firefighter's salary but in no case in excess of one hundred fifty dollars per month, or the sum of five thousand dollars cash. The right of election must be exercised within sixty days of the firefighter's death. If not so exercised, the pension benefits shall become fixed and shall be paid from the date of death. Such pension shall cease if, and when, he or she remarries. If there is no widow or widower, then such pension benefits shall be paid to his or her child or children.
[ 2007 c 218 s 27; 1973 1st ex.s. c 154 s 63; 1959 c 5 s 6; 1957 c 82 s 6. Prior: 1947 c 91 s 8, part; 1935 c 39 s 2, part; 1929 c 86 s 2, part; 1919 c 196 s 5, part; 1909 c 50 s 4, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment on death in line of duty.


title: RCW 41.16.130

text:
(1) Any firefighter who shall become disabled as a result of the performance of his or her duty or duties as defined in this chapter, may be retired at the expiration of six months from the date of his or her disability, upon his or her written request filed with his or her retirement board. The board may upon such request being filed, consult such medical advice as it sees fit, and may have the applicant examined by such physicians as it deems desirable. If from the reports of such physicians the board finds the applicant capable of performing his or her duties in the fire department, the board may refuse to recommend his or her retirement.
(2) If the board deems it for the good of the fire department or the pension fund, it may recommend the applicant's retirement without any request therefor by him or her, after giving him or her a thirty days' notice. Upon his or her retirement he or she shall be paid a monthly disability pension in [an] amount equal to one-half of his or her monthly salary at date of retirement, but which shall not exceed one hundred fifty dollars a month. If he or she recovers from his or her disability he or she shall thereupon be restored to active service, with the same rank he or she held when he or she retired.
(3) If the firefighter dies during disability and not as a result thereof, RCW 41.16.160 shall apply.
[ 2007 c 218 s 28; 1959 c 5 s 7; 1957 c 82 s 7. Prior: 1947 c 91 s 8, part; 1935 c 39 s 3, part; 1929 c 86 s 3, part; 1919 c 196 s 5, part; 1909 c 50 s 5, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Payment upon disablement in line of duty.


title: RCW 41.16.140

text:
Any firefighter who has served more than fifteen years and sustains a disability not in the performance of his or her duty which renders him or her unable to continue his or her service, shall within sixty days exercise his or her choice either to receive his or her contribution to the fund, plus earned interest compounded semiannually, or be retired and paid a monthly pension based on the factor of his or her age shown in RCW 41.16.080, times his or her average monthly salary as a member of the fire department of his or her municipality at the date of his or her retirement, times the number of years of service rendered at the time he or she sustained such disability. If such firefighter shall die leaving surviving him a wife or surviving her a husband, or child or children, then such wife or husband, or if he leaves no wife or she leaves no husband, then his or her child or children shall receive the sum of his or her contributions, plus accumulated compound interest, and such payment shall be reduced in the amount of the payments made to deceased.
[ 2007 c 218 s 29; 1973 1st ex.s. c 154 s 64; 1959 c 5 s 8; 1957 c 82 s 8. Prior: 1947 c 91 s 8, part; 1935 c 39 s 6, part; 1929 c 86 s 7, part; 1919 c 196 s 9, part; 1909 c 50 s 9, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment upon disablement not in line of duty.


title: RCW 41.16.145

text:
The amount of all benefits payable under the provisions of RCW 41.16.080, 41.16.120, 41.16.130, 41.16.140 and 41.16.230 shall be increased annually as hereafter in this section provided. The local pension board shall meet subsequent to March 31st but prior to June 30th of each year for the purposes of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the increase in the consumer price index between January 1st and December 31st of the previous year and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such determination by a dollar amount proportionate to the increase in the consumer price index: PROVIDED, That regardless of the change in the consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits specified herein, shall be increased by this section. This benefit increase shall be paid monthly as part of the regular pension payment and shall be cumulative. The increased benefits authorized by this section shall not affect any benefit payable under the provisions of chapter 41.16 RCW in which the benefit payment is attached to a current salary of the rank held at time of retirement. A beneficiary of benefit increases provided for pursuant to this section is hereby authorized to appeal a decision on such increases or the failure of the local pension board to order such increased benefits or the amount of such benefits to the Washington law enforcement officers' and firefighters' system retirement board provided for in *RCW 41.26.050.
For the purpose of this section the term "consumer price index" shall mean, for any calendar year, the consumer price index for the Seattle, Washington area as compiled by the bureau of labor statistics of the United States department of labor.
[ 2007 c 218 s 30; 1975-'76 2nd ex.s. c 44 s 1; 1975 1st ex.s. c 178 s 1; 1974 ex.s. c 190 s 1; 1970 ex.s. c 37 s 3; 1969 ex.s. c 209 s 38.]
Notes:
*Reviser's note: RCW 41.26.050 was repealed by 1982 c 163 s 23. Powers, duties, and functions of the Washington law enforcement officers' and firefighters' retirement board were transferred to the director of retirement systems by RCW 41.26.051, which has been decodified.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Construction of RCW 41.16.145—1975 1st ex.s. c 178: See RCW 41.16.921.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
Effective date—Construction—Severability—1969 ex.s. c 209: See RCW 41.26.3901, 41.26.3902, and 41.26.3903.
PDF
RCW 41.16.145
Annual increase in benefits payable on retirement for service, death in line of duty, and disability—Appeals. (Effective June 30, 2029.)
The amount of all benefits payable under the provisions of RCW 41.16.080, 41.16.120, 41.16.130, 41.16.140 and 41.16.230 shall be increased annually as hereafter in this section provided. The local pension board shall meet subsequent to March 31st but prior to June 30th of each year for the purposes of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the increase in the consumer price index between January 1st and December 31st of the previous year and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such determination by a dollar amount proportionate to the increase in the consumer price index: PROVIDED, That regardless of the change in the consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits specified herein, shall be increased by this section. This benefit increase shall be paid monthly as part of the regular pension payment and shall be cumulative. The increased benefits authorized by this section shall not affect any benefit payable under the provisions of this chapter in which the benefit payment is attached to a current salary of the rank held at time of retirement. A beneficiary of benefit increases provided for pursuant to this section is hereby authorized to appeal a decision on such increases or the failure of the local pension board to order such increased benefits or the amount of such benefits to the director of retirement systems.
For the purpose of this section the term "consumer price index" shall mean, for any calendar year, the consumer price index for the Seattle, Washington area as compiled by the bureau of labor statistics of the United States department of labor.
[ 2026 c 261 s 421; 2007 c 218 s 30; 1975-'76 2nd ex.s. c 44 s 1; 1975 1st ex.s. c 178 s 1; 1974 ex.s. c 190 s 1; 1970 ex.s. c 37 s 3; 1969 ex.s. c 209 s 38.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Construction of RCW 41.16.145—1975 1st ex.s. c 178: See RCW 41.16.921.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
Effective date—Construction—Severability—1969 ex.s. c 209: See RCW 41.26.3901, 41.26.3902, and 41.26.3903.

catchline: Annual increase in benefits payable on retirement for service, death in line of duty, and disability—Appeals. (Effective until June 30, 2029.)


title: RCW 41.16.150

text:
(1) Any firefighter who has served twenty years or more and who shall resign or be dismissed, shall have the option of receiving all his or her contributions plus earned interest compounded semiannually, or a monthly pension in the amount of his or her average monthly salary times the number of years of service rendered, times one and one-half percent. Payment of such pension shall commence at the time of severance from the fire department, or at the age of fifty-five years, whichever shall be later. The firefighter shall have sixty days from the severance date to elect which option he or she will take. In the event he or she fails to exercise his or her right of election then he or she shall receive the amount of his or her contributions plus accrued compounded interest. In the event he or she elects such pension, but dies before attaining the age of fifty-five, his widow or her widower, or if he leaves no widow or she leaves no widower, then his or her child or children shall receive only his or her contribution, plus accrued compounded interest. In the event he or she elects to take a pension and dies after attaining the age of fifty-five, his widow or her widower, or if he leaves no widow or she leaves no widower, then child or children shall receive his or her contributions, plus accrued compounded interest, less the amount of pension payments made to such firefighter during his or her lifetime.
(2) Any firefighter who shall have served for a period of less than twenty years, and shall resign or be dismissed, shall be paid the amount of his or her contributions, plus accrued compounded interest.
[ 2007 c 218 s 31; 1973 1st ex.s. c 154 s 65; 1959 c 5 s 9; 1957 c 82 s 9. Prior: 1947 c 91 s 8, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment on separation from service.


title: RCW 41.16.160

text:
Whenever any firefighter, after four years of service, shall die from natural causes, or from an injury not sustained in the performance of his or her duty and for which no pension is provided in this chapter, and who has not been retired on account of disability, his widow or her widower, if he or she was his wife or her husband at the time he or she was stricken with his or her last illness, or at the time he or she received the injuries from which he or she died; or if there is no such widow, then his or her child or children shall be entitled to the amount of his or her contributions, plus accrued compounded interest, or the sum of one thousand dollars, whichever sum shall be the greater. In case of death as above stated, before the end of four years of service, an amount based on the proportion of the time of service to four years shall paid such beneficiaries.
[ 2007 c 218 s 32; 1973 1st ex.s. c 154 s 66; 1959 c 5 s 10; 1957 c 82 s 10. Prior: 1947 c 91 s 8, part; 1929 c 86 s 7, part; 1919 c 196 s 9, part; 1909 c 50 s 9, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment on death not in line of duty.


title: RCW 41.16.170

text:
Whenever a firefighter dies leaving no widow or widower or children, the amount of his or her accumulated contributions, plus accrued compounded interest only, shall be paid his or her beneficiary.
[ 2007 c 218 s 33; 1973 1st ex.s. c 154 s 67; 1959 c 5 s 11; 1957 c 82 s 11. Prior: 1947 c 91 s 8, part; 1935 c 39 s 5; 1929 c 86 s 6, part; 1919 c 196 s 8, part; 1909 c 50 s 8, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Payment on death of firefighter with no dependents.


title: RCW 41.16.180

text:
Upon the death of any active firefighter, firefighter who is disabled, or retired firefighter, the board shall pay from the fund the sum of two hundred dollars to assist in defraying the funeral expenses of such firefighter.
[ 2007 c 218 s 34; 1959 c 5 s 12; 1957 c 82 s 12. Prior: 1947 c 91 s 8, part; 1935 c 39 s 10; 1929 c 86 s 15; 1919 c 196 s 18; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Funeral expense.


title: RCW 41.16.190

text:
No firefighter disabled in the performance of duty shall receive a pension until six months has elapsed after such disability was sustained. Therefore, whenever the retirement board, pursuant to examination by the board's physician and such other evidence as it may require, shall find a firefighter has been disabled while in the performance of his or her duties, it shall declare him or her inactive. For a period of six months from the time he or she became disabled, he or she shall continue to draw full pay from his or her municipality and in addition thereto he or she shall, at the expense of the municipality, be provided with such medical, hospital and nursing care as the retirement board deems proper. If the board finds at the expiration of six months that the firefighter is unable to return to and perform his or her duties, then he or she shall be retired as herein provided.
[ 2007 c 218 s 35; 1959 c 5 s 13; 1957 c 82 s 13. Prior: 1947 c 91 s 8, part; 1935 c 39 s 4, part; 1929 c 86 s 5, part; 1919 c 196 s 7, part; 1909 c 50 s 7, part; Rem. Supp. 1947 s 9578-47, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Waiting period—Disability retirement.


title: RCW 41.16.200

text:
The board shall require all firefighters receiving disability pensions to be examined every six months. All such examinations shall be made by physicians duly appointed by the board. If a firefighter shall fail to submit to such examination within ten days of having been so ordered in writing by said retirement board all pensions or benefits paid to said firefighter under this chapter, shall immediately cease and the disbursing officer in charge of such payments shall issue no further payments to such firefighter. If such firefighter fails to present himself or herself for examination within thirty days after being ordered so to do, he or she shall forfeit all rights under this chapter. If such firefighter, upon examination as aforesaid, shall be found fit for service, he or she shall be restored to duty in the same rank held at the time of his or her retirement, or if unable to perform the duties of said rank, then, at his or her request, in such other rank, the duties of which he or she is then able to perform. The board shall thereupon so notify the firefighter and shall require him or her to resume his or her duties as a member of the fire department. If, upon being so notified, such member shall fail to report for employment within ten days, he or she shall forfeit all rights to any benefits under this chapter.
[ 2007 c 218 s 36; 1947 c 91 s 9; Rem. Supp. 1947 s 9578-48. Prior: 1929 c 86 s 8; 1919 c 196 s 10; 1909 c 50 s 10.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Examination of disability pensioners—Restoration to duty.


title: RCW 41.16.210

text:
(1) Funds or assets on hand in the firefighters' relief and pension fund of any municipality established under the provisions of chapter 50, Laws of 1909, as amended, after payment of warrants drawn upon and payable therefrom, shall, by the city treasurer, be transferred to and placed in the firefighters' pension fund created by this chapter; and the firefighters' pension fund created by this chapter shall be liable for and there shall be paid therefrom in the order of their issuance any and all unpaid warrants drawn upon said firefighters' relief and pension fund.
(2) Any moneys loaned or advanced by a municipality from the general or any other fund of such municipality to the firefighters' relief and pension fund created under the provisions of chapter 50, Laws of 1909, as amended, and not repaid shall be an obligation of the firefighters' pension fund created under this chapter, and shall at such times and in such amounts as is directed by the board be repaid.
[ 2007 c 218 s 37; 1947 c 91 s 10; Rem. Supp. 1947 s 9578-49.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Transfer of assets to new fund—Assumption of obligations.


title: RCW 41.16.220

text:
Any person who was a member of the fire department and within the provisions of chapter 50, Laws of 1909, as amended, at the time he or she entered, and is an honorably discharged veteran or received a discharge for physical reasons with an honorable record from the armed forces, and whose military service was during a period of war as defined in RCW 41.04.005, shall have added and accredited to his or her period of employment as a firefighter as computed under this chapter his or her period of war service in such armed forces upon payment by him or her of his or her contribution for the period of his or her absence, at the rate provided by chapter 50, Laws of 1909, as amended, for other members: PROVIDED, HOWEVER, Such accredited service shall not in any case exceed five years.
[ 2024 c 146 s 18; 2007 c 218 s 38; 1969 ex.s. c 269 s 7; 1947 c 91 s 11; Rem. Supp. 1947 s 9578-50.]
Notes:
Intent—2024 c 146: See note following RCW 73.04.005.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Credit for military service.


title: RCW 41.16.230

text:
Chapter 50, Laws of 1909; chapter 196, Laws of 1919; chapter 86, Laws of 1929, and chapter 39, Laws of 1935 (secs. 9559 to 9578, incl., Rem. Rev. Stat.; secs. 396-1 to 396-43, incl., PPC) and all other acts or parts of acts in conflict herewith are hereby repealed: PROVIDED, That the repeal of said laws shall not affect any "prior firefighter," his widow, her widower, child or children, any firefighter eligible for retirement but not retired, his widow, her widower, child or children, or the rights of any retired firefighter, his widow, her widower, child or children, to receive payments and benefits from the firefighters' pension fund created under this chapter, in the amount, and in the manner provided by said laws which are hereby repealed and as if said laws had not been repealed.
[ 2007 c 218 s 39; 1973 1st ex.s. c 154 s 68; 1947 c 91 s 12; Rem. Supp. 1947 s 9578-51.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Repeal does not affect accrued rights.


title: RCW 41.16.240

text:
Any fire protection district having a full paid fire department may by resolution of its board of fire commissioners provide for the participation of its full time employees in a pension program in the same manner, with the same powers, and with the same force and effect as to such districts as the pension program provided by chapter 41.16 RCW for cities, towns and municipalities, or fire protection districts.
[ 1955 c 46 s 1.]

catchline: Application of chapter to fire protection districts.


title: RCW 41.16.250

text:
If all or any portion of a fire protection district is annexed to or incorporated into a city or town, or is succeeded by a metropolitan municipal corporation or county fire department, no full time paid firefighter affected by such annexation, incorporation or succession shall receive a reduction in his or her retirement and job security rights: PROVIDED, That this section shall not apply to any retirement and job security rights authorized under chapter 41.24 RCW.
[ 2007 c 218 s 40; 1963 c 63 s 1.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Retirement and job security rights preserved upon annexation, etc., of district.


title: RCW 41.16.920

text:
The provisions of chapter 5, Laws of 1959 are intended to be remedial and procedural and any benefits heretofore paid to recipients hereunder pursuant to any previous act are retroactively included and authorized as a part of chapter 5, Laws of 1959.
[ 1959 c 5 s 14.]

catchline: Construction—1959 c 5—Benefits retroactively authorized.


title: RCW 41.16.921

text:
(1) The provisions of this section are procedural and remedial.
(2) The application and effect of chapter 178, Laws of 1975 1st ex. sess. shall be retroactive to and including May 6, 1974. Each benefit being paid on June 4, 1975, shall then be adjusted as if chapter 178, Laws of 1975 1st ex. sess. had been in existence since May 6, 1974. Additionally, any amounts which would have been paid had chapter 178, Laws of 1975 1st ex. sess. been in effect since May 6, 1974, shall then be due as a one-time lump sum payment.
(3) The provisions of RCW 41.16.145 shall be construed and read to have granted the percentage increase provided by that section to those receiving benefits pursuant to RCW 41.16.230, until and including July 1, 1974, at which time those persons shall be regarded as eligible for the benefits granted by chapter 190, Laws of 1974 ex. sess., as provided in subsection (2) of this section. Any amounts now payable due to a failure to so construe and read RCW 41.16.145 are now due as a one-time lump sum payment.
[ 1975 1st ex.s. c 178 s 5.]

catchline: Construction—1975 1st ex.s. c 178, RCW 41.16.145.


title: RCW 41.16.922

text:
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 87.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 41.18.010

text:
For the purpose of this chapter, unless clearly indicated otherwise by the context, words and phrases shall have the meaning hereinafter ascribed.
(1) "Basic salary" means the basic monthly salary, including longevity pay, attached to the rank held by the retired firefighter at the date of his or her retirement, without regard to extra compensation which such firefighter may have received for special duties assignments not acquired through civil service examination: PROVIDED, That such basic salary shall not be deemed to exceed the salary of a battalion chief.
(2) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and who shall be entitled to receive any benefits of a deceased firefighter under this chapter.
(3) "Board" shall mean the municipal firefighters' pension board.
(4) "Child" or "children" means a firefighter's child or children under the age of eighteen years, unmarried, and in the legal custody of such firefighter at the time of his death or her death.
(5) "Contributions" shall mean and include all sums deducted from the salary of firefighters and paid into the fund as hereinafter provided.
(6) "Disability" shall mean and include injuries or sickness sustained by a firefighter.
(7) "Earned interest" means and includes all annual increments to the firefighters' pension fund from income earned by investment of the fund. The earned interest payable to any firefighter when he or she leaves the service and accepts his or her contributions, shall be that portion of the total earned income of the fund which is directly attributable to each individual firefighter's contributions. Earnings of the fund for the preceding year attributable to individual contributions shall be allocated to individual firefighters' accounts as of January 1st of each year.
(8) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of the municipality.
(9) "Firefighter" means any person hereafter regularly or temporarily, or as a substitute newly employed and paid as a member of a fire department, who has passed a civil service examination for firefighters and who is actively employed as a firefighter or, if provided by the municipality by appropriate local legislation, as a fire dispatcher: PROVIDED, Nothing in chapter 209, Laws of 1969 ex. sess. shall impair or permit the impairment of any vested pension rights of persons who are employed as fire dispatchers at the time chapter 209, Laws of 1969 ex. sess. takes effect; and any person heretofore regularly or temporarily, or as a substitute, employed and paid as a member of a fire department, and who has contributed under and been covered by the provisions of chapter 41.16 RCW as now or hereafter amended and who has come under the provisions of this chapter in accordance with RCW 41.18.170 and who is actively engaged as a firefighter or as a member of the fire department as a firefighter or fire dispatcher.
(10) "Fund" shall have the same meaning as in RCW 41.16.010 as now or hereafter amended. Such fund shall be created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
(11) "Municipality" shall mean every city, town, fire protection district, or regional fire protection service authority having a regularly organized full time, paid, fire department employing firefighters.
(12) "Performance of duty" shall mean the performance of work or labor regularly required of firefighters and shall include services of an emergency nature normally rendered while off regular duty.
(13) "Retired firefighter" means and includes a person employed as a firefighter and retired under the provisions of this chapter.
(14) "Widow or widower" means the surviving spouse of a firefighter and shall include the surviving wife, husband, or state registered domestic partner of a firefighter, retired on account of length of service, who was lawfully married to, or in a state registered domestic partnership with, him or to her for a period of five years prior to the time of his or her retirement; and the surviving wife, husband, or state registered domestic partner of a firefighter, retired on account of disability, who was lawfully married to, or in a state registered domestic partnership with, him or her at and prior to the time he or she sustained the injury or contracted the illness resulting in his or her disability. The word shall not mean the divorced wife or husband or former state registered domestic partner of an active or retired firefighter.
[ 2020 c 107 s 3. Prior: 2009 c 521 s 90; 2007 c 218 s 41; 1973 1st ex.s. c 154 s 69; 1969 ex.s. c 209 s 40; 1965 ex.s. c 45 s 2; 1961 c 255 s 1; 1955 c 382 s 1.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See RCW 41.26.3901, 41.26.3902, and 41.26.3903.
Severability—1961 c 255: "If any clause, part or section of this act shall be adjudged in violation of the constitution, or for any reason invalid, such judgment shall not affect nor invalidate the remainder of the act, nor any clause, part or section thereof, but such judgment shall be confined in its operation to the clause, part or section directly involved in the controversy in which judgment was rendered, and the balance of the act shall remain in full force and effect." [ 1961 c 255 s 13.]

catchline: Definitions.


title: RCW 41.18.015

text:
(1) There is hereby created in each fire protection district which qualifies under this chapter, a firefighters' pension board to consist of the following five members, the chairperson of the fire commissioners for said district who shall be chairperson of the board, the county auditor, county treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of the employed and retired firefighters. Retired members who are subject to the jurisdiction of the pension board have both the right to elect and the right to be elected under this section. The first members to be elected by the firefighters shall be elected annually for a two-year term. The two firefighter elected members shall, in turn, select a third eligible member who shall serve in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighter or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be a member of the board. In case of absence or inability of the chairperson to act, the board may select a chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the chairperson. A majority of the members of said board shall constitute a quorum and have power to transact business.
(2) If no eligible regularly employed or retired firefighters are willing or able to be elected to the board under subsection (1) of this section, then the following individuals may be elected to the board under subsection (1) of this section:
(a) Any active or retired firefighters who reside within the jurisdiction served by the board. This includes active and retired firefighters under this chapter and chapters 41.16, 41.26, and 52.26 RCW;
(b) The widow or widower of a firefighter subject to the jurisdiction of the board.
[ 2020 c 107 s 4; 2007 c 218 s 42; 1992 c 6 s 1; 1961 c 255 s 11.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
PDF
RCW 41.18.015
Pension boards—Members—Terms—Vacancies—Officers—Quorum. (Effective June 30, 2029.)
(1) There is hereby created in each fire protection district which qualifies under this chapter, a firefighters' pension board to consist of the following five members, the chairperson of the fire commissioners for said district who shall be chairperson of the board, the county auditor, county treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of the employed and retired firefighters. Retired members who are subject to the jurisdiction of the pension board have both the right to elect and the right to be elected under this section. The first members to be elected by the firefighters shall be elected annually for a two-year term. The two firefighter elected members shall, in turn, select a third eligible member who shall serve in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighter or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be a member of the board. In case of absence or inability of the chairperson to act, the board may select a chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the chairperson. A majority of the members of said board shall constitute a quorum and have power to transact business.
(2) If no eligible regularly employed or retired firefighters are willing or able to be elected to the board under subsection (1) of this section, then the following individuals may be elected to the board under subsection (1) of this section:
(a) Any active or retired firefighters who reside within the jurisdiction served by the board. This includes active and retired firefighters under this chapter and chapters 41.16, 41.26, 41.26A, and 52.26 RCW;
(b) The widow or widower of a firefighter subject to the jurisdiction of the board.
[ 2026 c 261 s 422; 2020 c 107 s 4; 2007 c 218 s 42; 1992 c 6 s 1; 1961 c 255 s 11.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Pension boards—Members—Terms—Vacancies—Officers—Quorum. (Effective until June 30, 2029.)


title: RCW 41.18.020

text:
The board, in addition to such general and special powers as are vested in it by the provisions of chapter 41.16 RCW, which powers the board shall have with respect to this chapter shall have power to:
(1) Generally supervise and control the administration of this chapter;
(2) Pass upon and allow or disallow applications for pensions or other benefits provided by this chapter;
(3) Provide for payment from the firefighters' pension fund of necessary expenses of maintenance and administration required by the provisions of this chapter;
(4) Make rules and regulations not inconsistent with this chapter for the purpose of carrying out and effecting the same;
(5) Require the physicians appointed under the provisions of chapter 41.16 RCW, to examine and report to the board upon all applications for relief and pensions under this chapter; and
(6) Perform such acts, receive such compensation and enjoy such immunity as provided in RCW 41.16.040.
[ 2007 c 218 s 43; 1955 c 382 s 2.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Powers and duties of board.


title: RCW 41.18.030

text:
Every firefighter to whom this chapter applies shall contribute to the firefighters' pension fund a sum equal to six percent of his or her basic salary which shall be deducted therefrom and placed in the fund.
[ 2007 c 218 s 44; 1961 c 255 s 2; 1955 c 382 s 3.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Contributions by firefighters.


title: RCW 41.18.040

text:
Whenever any firefighter, *at the time of taking effect of this act or thereafter, shall have been appointed under civil service rules and have served for a period of twenty-five years or more as a member in any capacity of the regularly constituted fire department of any city, town or fire protection district which may be subject to the provisions of this chapter, and shall have attained the age of fifty years, he or she shall be eligible for retirement and shall be retired by the board upon his or her written request. Upon his or her retirement such firefighter shall be paid a monthly pension which shall be equal to fifty percent of the basic salary now or hereafter attached to the same rank and status held by the said firefighter at the date of his or her retirement: PROVIDED, That a firefighter hereafter retiring who has served as a member for more than twenty-five years, shall have his or her pension payable under this section increased by two percent of the basic salary per year for each full year of such additional service to a maximum of five additional years.
Upon the death of any such retired firefighter, his or her pension shall be paid to his widow or her widower, at the same monthly rate that the retired firefighter would have received had he or she lived, if such widow or widower was his wife or her husband for a period of five years prior to the time of his or her retirement. If there be no widow or widower, then such monthly payments shall be distributed to and divided among his or her children, share and share alike, until they reach the age of eighteen or are married, whichever occurs first.
[ 2007 c 218 s 45; 1973 1st ex.s. c 154 s 70; 1969 ex.s. c 209 s 29; 1965 ex.s. c 45 s 3; 1961 c 255 s 3; 1955 c 382 s 4.]
Notes:
*Reviser's note: The phrase "at the time of taking effect of this act or thereafter" first appears in the 1961 amendment, which became effective at midnight June 7, 1961 (see preface, 1961 session laws). The basic act, 1955 c 382, became effective at midnight June 8, 1955 (see preface, 1955 session laws).
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Applicability—1969 ex.s. c 209: See RCW 41.18.102.
Effective date—Severability—Construction—1969 ex.s. c 209: See RCW 41.26.3901, 41.26.3902, and 41.26.3903.

catchline: Retirement for service—Widow's or widower's pension—Payments to children.