title: RCW 41.40.023

text:
Membership in the retirement system shall consist of all regularly compensated employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers thereof elected by the members of the senate and the house and legislative committees, unless membership of such employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons appointed directly by the governor: PROVIDED, That such persons shall have the option of applying for membership during such periods of employment: AND PROVIDED FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are members in the retirement system and who have, prior to becoming such members, previously held an elective office, and did not at the start of such initial or successive terms of office exercise their option to become members, may apply for membership to be effective during such term or terms of office, and shall be allowed to establish the service credit applicable to such term or terms of office upon payment of the employee contributions therefor by the employee with interest as determined by the director and employer contributions therefor by the employer or employee with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employee's savings fund and be treated as any other contribution made by the employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall not be considered part of the member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to apply for membership pursuant to (a) of this subsection and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership in the retirement system. A member wishing to end his or her membership under this subsection must file, on a form supplied by the department, a statement indicating that the member agrees to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives more than fifteen thousand dollars per year in compensation for his or her elective service, adjusted annually for inflation by the director, is not eligible for the option provided by this subsection (3)(b);
(4) Employees holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in part by an agency of the state or political subdivision thereof, or who are by reason of their current employment contributing to or otherwise establishing the right to receive benefits from any such retirement plan except as follows:
(a) In any case where the retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby members can retain service credit in more than one system, such an employee shall be allowed membership rights should the agreement so provide;
(b) An employee shall be allowed membership if otherwise eligible while receiving survivor's benefits;
(c) An employee shall not either before or after June 7, 1984, be excluded from membership or denied service credit pursuant to this subsection solely on account of: (i) Membership in the plan created under chapter 2.14 RCW; or (ii) enrollment under the relief and compensation provisions or the pension provisions of the volunteer firefighters' relief and pension principal fund or the reserve officers' relief and pension principal fund under chapter 41.24 RCW;
(d) Except as provided in RCW 41.40.109, on or after July 25, 1999, an employee shall not be excluded from membership or denied service credit pursuant to this subsection solely on account of participation in a defined contribution pension plan qualified under section 401 of the internal revenue code;
(e) Employees who have been reported in the retirement system prior to July 25, 1999, and who participated during the same period of time in a defined contribution pension plan qualified under section 401 of the internal revenue code and operated wholly or in part by the employer, shall not be excluded from previous retirement system membership and service credit on account of such participation;
(5) Patient and inmate help in state charitable, penal, and correctional institutions;
(6) "Members" of a state veterans' home or state soldiers' home;
(7) Persons employed by an institution of higher learning or community college, primarily as an incident to and in furtherance of their education or training, or the education or training of a spouse;
(8) Employees of an institution of higher learning or community college during the period of service necessary to establish eligibility for membership in the retirement plans operated by such institutions;
(9) Persons rendering professional services to an employer on a fee, retainer, or contract basis or when the income from these services is less than fifty percent of the gross income received from the person's practice of a profession;
(10) Persons appointed after April 1, 1963, by the liquor and cannabis board as contract liquor store managers;
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees of a labor guild, association, or organization which qualifies as an employer within this chapter shall have the option of applying for membership;
(12) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may elect to prospectively become a member of the retirement system if otherwise eligible;
(13) Persons employed by or appointed or elected as an official of a first-class city that has its own retirement system: PROVIDED, That any member elected or appointed to an elective office on or after April 1, 1971, shall have the option of continuing as a member of this system in lieu of becoming a member of the city system. A member who elects to continue as a member of this system shall pay the appropriate member contributions and the city shall pay the employer contributions at the rates prescribed by this chapter. The city shall also transfer to this system all of such member's accumulated contributions together with such further amounts as necessary to equal all employee and employer contributions which would have been paid into this system on account of such service with the city and thereupon the member shall be granted credit for all such service. Any city that becomes an employer as defined in RCW 41.40.010(13) as the result of an individual's election under this subsection shall not be required to have all employees covered for retirement under the provisions of this chapter. Nothing in this subsection shall prohibit a city of the first class with its own retirement system from: (a) Transferring all of its current employees to the retirement system established under this chapter, or (b) allowing newly hired employees the option of continuing coverage under the retirement system established by this chapter.
Notwithstanding any other provision of this chapter, persons transferring from employment with a first-class city of over four hundred thousand population that has its own retirement system to employment with the state department of agriculture may elect to remain within the retirement system of such city and the state shall pay the employer contributions for such persons at like rates as prescribed for employers of other members of such system;
(14) Employees who (a) are not citizens of the United States, (b) do not reside in the United States, and (c) perform duties outside of the United States;
(15) Employees who (a) are not citizens of the United States, (b) are not covered by chapter 41.48 RCW, (c) are not excluded from membership under this chapter or chapter 41.04 RCW, (d) are residents of this state, and (e) make an irrevocable election to be excluded from membership, in writing, which is submitted to the director within thirty days after employment in an eligible position;
(16) Employees who are citizens of the United States and who reside and perform duties for an employer outside of the United States: PROVIDED, That unless otherwise excluded under this chapter or chapter 41.04 RCW, the employee may apply for membership (a) within thirty days after employment in an eligible position and membership service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application;
(17) The city manager or chief administrative officer of a city or town, other than a retiree, who serves at the pleasure of an appointing authority: PROVIDED, That such persons shall have the option of applying for membership within thirty days from date of their appointment to such positions. Persons serving in such positions as of April 4, 1986, shall continue to be members in the retirement system unless they notify the director in writing prior to December 31, 1986, of their desire to withdraw from membership in the retirement system. A member who withdraws from membership in the system under this section shall receive a refund of the member's accumulated contributions.
Persons serving in such positions who have not opted for membership within the specified thirty days, may do so by paying the amount required under RCW 41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(18) Persons serving as: (a) The chief administrative officer of a public utility district as defined in RCW 54.16.100; (b) the chief administrative officer of a port district formed under chapter 53.04 RCW; or (c) the chief administrative officer of a county who serves at the pleasure of an appointing authority: PROVIDED, That such persons shall have the option of applying for membership within thirty days from the date of their appointment to such positions. Persons serving in such positions as of July 25, 1999, shall continue to be members in the retirement system unless they notify the director in writing prior to December 31, 1999, of their desire to withdraw from membership in the retirement system. A member who withdraws from membership in the system under this section shall receive a refund of the member's accumulated contributions upon termination of employment or as otherwise consistent with the plan's tax qualification status as defined in internal revenue code section 401.
Persons serving in such positions who have not opted for membership within the specified thirty days, may do so at a later date by paying the amount required under RCW 41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(19) Persons enrolled in state-approved apprenticeship programs, authorized under chapter 49.04 RCW, and who are employed by local governments to earn hours to complete such apprenticeship programs, if the employee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member of a Taft-Hartley retirement plan;
(20) Beginning on July 22, 2001, persons employed exclusively as trainers or trainees in resident apprentice training programs operated by housing authorities authorized under chapter 35.82 RCW, (a) if the trainer or trainee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or (b) if the employee is a member of a Taft-Hartley retirement plan;
(21) Employees who are removed from membership under RCW 41.40.823 or 41.40.633;
(22) Persons employed as the state director of fire protection under RCW 43.43.938 who were previously members of the law enforcement officers' and firefighters' retirement system plan 2 under chapter 41.26 RCW may continue as a member of the law enforcement officers' and firefighters' retirement system in lieu of becoming a member of this system; and
(23) Persons hired on or after June 6, 2024, employed by a public transportation benefit area as defined in RCW 36.57A.010 as part-time bus drivers serving naval shipyards if the employee is simultaneously employed on a full-time basis with an employer of the federal government and is making contributions to the federal employees' retirement system.
[ 2024 c 247 s 1; 2010 c 80 s 1. Prior: 2005 c 151 s 12; 2005 c 131 s 7; 2001 c 37 s 1; prior: 1999 c 286 s 2; 1999 c 244 s 1; 1997 c 254 s 11; prior: 1994 c 298 s 8; 1994 c 197 s 24; 1993 c 319 s 1; prior: 1990 c 274 s 10; 1990 c 192 s 4; 1988 c 109 s 25; 1987 c 379 s 1; 1986 c 317 s 5; 1984 c 184 s 13; 1984 c 121 s 1; 1982 1st ex.s. c 52 s 19; 1975 c 33 s 6; 1974 ex.s. c 195 s 2; 1973 1st ex.s. c 190 s 5; 1971 ex.s. c 271 s 4; 1969 c 128 s 5; 1967 c 127 s 3; 1965 c 155 s 2; 1963 c 225 s 2; 1963 c 210 s 1; 1957 c 231 s 2; 1955 c 277 s 2; 1953 c 200 s 5; 1951 c 50 s 2; 1949 c 240 s 7; 1947 c 274 s 13; Rem. Supp. 1949 s 11072-13. Formerly RCW 41.40.120.]
Notes:
Effective date—2010 c 80: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2010]." [ 2010 c 80 s 2.]
Effective date—2005 c 131: See note following RCW 41.40.823.
Intent—1999 c 286: "It is the intent of the legislature that retirement benefits represent a valuable element of the total compensation and benefits employees receive for their service. The value of these benefits is contained in the retirement income and cost-of-living adjustments provided to employees who remain in public service until retirement. For the majority of public employees, this requires membership in the public employees' retirement system.
The legislature recognizes, however, that certain occupations display a pattern of interstate mobility which requires retirement benefits which are highly portable. Incumbents in these occupations gain little value from membership in the public employees' retirement system. In order to remove any barrier to employing qualified personnel in positions with high mobility, membership in the retirement system should be optional in those occupations." [ 1999 c 286 s 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative findings—Intent—Severability—1986 c 317: See notes following RCW 41.40.150.
Severability—1984 c 184: See note following RCW 41.50.150.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 195: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1974 ex.s. c 195 s 14.]
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Pension benefits or annuity benefits for certain classifications of school district employees: RCW 28A.400.260.
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RCW 41.40.023
Membership. (Effective January 1, 2027.)
Membership in the retirement system shall consist of all regularly compensated employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers thereof elected by the members of the senate and the house and legislative committees, unless membership of such employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons appointed directly by the governor: PROVIDED, That such persons shall have the option of applying for membership during such periods of employment: AND PROVIDED FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are members in the retirement system and who have, prior to becoming such members, previously held an elective office, and did not at the start of such initial or successive terms of office exercise their option to become members, may apply for membership to be effective during such term or terms of office, and shall be allowed to establish the service credit applicable to such term or terms of office upon payment of the employee contributions therefor by the employee with interest as determined by the director and employer contributions therefor by the employer or employee with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employee's savings fund and be treated as any other contribution made by the employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall not be considered part of the member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to apply for membership pursuant to (a) of this subsection and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership in the retirement system. A member wishing to end his or her membership under this subsection must file, on a form supplied by the department, a statement indicating that the member agrees to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives more than fifteen thousand dollars per year in compensation for his or her elective service, adjusted annually for inflation by the director, is not eligible for the option provided by this subsection (3)(b);
(4) Employees holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in part by an agency of the state or political subdivision thereof, or who are by reason of their current employment contributing to or otherwise establishing the right to receive benefits from any such retirement plan except as follows:
(a) In any case where the retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby members can retain service credit in more than one system, such an employee shall be allowed membership rights should the agreement so provide;
(b) An employee shall be allowed membership if otherwise eligible while receiving survivor's benefits;
(c) An employee shall not either before or after June 7, 1984, be excluded from membership or denied service credit pursuant to this subsection solely on account of: (i) Membership in the plan created under chapter 2.14 RCW; or (ii) enrollment under the relief and compensation provisions or the pension provisions of the volunteer firefighters' relief and pension principal fund or the reserve officers' relief and pension principal fund under chapter 41.24 RCW;
(d) Except as provided in RCW 41.40.109, on or after July 25, 1999, an employee shall not be excluded from membership or denied service credit pursuant to this subsection solely on account of participation in a defined contribution pension plan qualified under section 401 of the internal revenue code;
(e) Employees who have been reported in the retirement system prior to July 25, 1999, and who participated during the same period of time in a defined contribution pension plan qualified under section 401 of the internal revenue code and operated wholly or in part by the employer, shall not be excluded from previous retirement system membership and service credit on account of such participation;
(5) Patient and inmate help in state charitable, penal, and correctional institutions;
(6) "Members" of a state veterans' home or state soldiers' home;
(7) Persons employed by an institution of higher learning or community college, primarily as an incident to and in furtherance of their education or training, or the education or training of a spouse;
(8) Employees of an institution of higher learning or community college during the period of service necessary to establish eligibility for membership in the retirement plans operated by such institutions;
(9) Persons rendering professional services to an employer on a fee, retainer, or contract basis or when the income from these services is less than fifty percent of the gross income received from the person's practice of a profession;
(10) Persons appointed after April 1, 1963, by the liquor and cannabis board as contract liquor store managers;
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees of a labor guild, association, or organization which qualifies as an employer within this chapter shall have the option of applying for membership;
(12) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may elect to prospectively become a member of the retirement system if otherwise eligible;
(13) Persons employed by or appointed or elected as an official of a first-class city that has its own retirement system: PROVIDED, That any member elected or appointed to an elective office on or after April 1, 1971, shall have the option of continuing as a member of this system in lieu of becoming a member of the city system. A member who elects to continue as a member of this system shall pay the appropriate member contributions and the city shall pay the employer contributions at the rates prescribed by this chapter. The city shall also transfer to this system all of such member's accumulated contributions together with such further amounts as necessary to equal all employee and employer contributions which would have been paid into this system on account of such service with the city and thereupon the member shall be granted credit for all such service. Any city that becomes an employer as defined in RCW 41.40.010(13) as the result of an individual's election under this subsection shall not be required to have all employees covered for retirement under the provisions of this chapter. Nothing in this subsection shall prohibit a city of the first class with its own retirement system from: (a) Transferring all of its current employees to the retirement system established under this chapter, or (b) allowing newly hired employees the option of continuing coverage under the retirement system established by this chapter.
Notwithstanding any other provision of this chapter, persons transferring from employment with a first-class city of over four hundred thousand population that has its own retirement system to employment with the state department of agriculture may elect to remain within the retirement system of such city and the state shall pay the employer contributions for such persons at like rates as prescribed for employers of other members of such system;
(14) Employees who (a) are not citizens of the United States, (b) do not reside in the United States, and (c) perform duties outside of the United States;
(15) Employees who (a) are not citizens of the United States, (b) are not covered by chapter 41.48 RCW, (c) are not excluded from membership under this chapter or chapter 41.04 RCW, (d) are residents of this state, and (e) make an irrevocable election to be excluded from membership, in writing, which is submitted to the director within thirty days after employment in an eligible position;
(16) Employees who are citizens of the United States and who reside and perform duties for an employer outside of the United States: PROVIDED, That unless otherwise excluded under this chapter or chapter 41.04 RCW, the employee may apply for membership (a) within thirty days after employment in an eligible position and membership service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application;
(17) The city manager or chief administrative officer of a city or town, other than a retiree, who serves at the pleasure of an appointing authority: PROVIDED, That such persons shall have the option of applying for membership within thirty days from date of their appointment to such positions. Persons serving in such positions as of April 4, 1986, shall continue to be members in the retirement system unless they notify the director in writing prior to December 31, 1986, of their desire to withdraw from membership in the retirement system. A member who withdraws from membership in the system under this section shall receive a refund of the member's accumulated contributions.
Persons serving in such positions who have not opted for membership within the specified thirty days, may do so by paying the amount required under RCW 41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(18) Persons serving as: (a) The chief administrative officer of a public utility district as defined in RCW 54.16.100; (b) the chief administrative officer of a port district formed under chapter 53.04 RCW; or (c) the chief administrative officer of a county who serves at the pleasure of an appointing authority: PROVIDED, That such persons shall have the option of applying for membership within thirty days from the date of their appointment to such positions. Persons serving in such positions as of July 25, 1999, shall continue to be members in the retirement system unless they notify the director in writing prior to December 31, 1999, of their desire to withdraw from membership in the retirement system. A member who withdraws from membership in the system under this section shall receive a refund of the member's accumulated contributions upon termination of employment or as otherwise consistent with the plan's tax qualification status as defined in internal revenue code section 401.
Persons serving in such positions who have not opted for membership within the specified thirty days, may do so at a later date by paying the amount required under RCW 41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(19) Persons enrolled in state-approved apprenticeship programs, authorized under chapter 49.04 RCW, and who are employed by local governments to earn hours to complete such apprenticeship programs, if the employee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member of a Taft-Hartley retirement plan;
(20) Beginning on July 22, 2001, persons employed exclusively as trainers or trainees in resident apprentice training programs operated by housing authorities authorized under chapter 35.82 RCW, (a) if the trainer or trainee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or (b) if the employee is a member of a Taft-Hartley retirement plan;
(21) Employees who are removed from membership under RCW 41.40.823 or 41.40.633;
(22) Persons employed as the state director of fire protection under RCW 43.43.938 who were previously members of the law enforcement officers' and firefighters' retirement system plan 2 under chapter 41.26 RCW may continue as a member of the law enforcement officers' and firefighters' retirement system in lieu of becoming a member of this system;
(23) Persons hired on or after June 6, 2024, employed by a public transportation benefit area as defined in RCW 36.57A.010 as part-time bus drivers serving naval shipyards if the employee is simultaneously employed on a full-time basis with an employer of the federal government and is making contributions to the federal employees' retirement system; and
(24) Persons employed by a port district who are participants in a federal railroad retirement plan under the federal railroad retirement act.
[ 2026 c 133 s 2; 2024 c 247 s 1; 2010 c 80 s 1. Prior: 2005 c 151 s 12; 2005 c 131 s 7; 2001 c 37 s 1; prior: 1999 c 286 s 2; 1999 c 244 s 1; 1997 c 254 s 11; prior: 1994 c 298 s 8; 1994 c 197 s 24; 1993 c 319 s 1; prior: 1990 c 274 s 10; 1990 c 192 s 4; 1988 c 109 s 25; 1987 c 379 s 1; 1986 c 317 s 5; 1984 c 184 s 13; 1984 c 121 s 1; 1982 1st ex.s. c 52 s 19; 1975 c 33 s 6; 1974 ex.s. c 195 s 2; 1973 1st ex.s. c 190 s 5; 1971 ex.s. c 271 s 4; 1969 c 128 s 5; 1967 c 127 s 3; 1965 c 155 s 2; 1963 c 225 s 2; 1963 c 210 s 1; 1957 c 231 s 2; 1955 c 277 s 2; 1953 c 200 s 5; 1951 c 50 s 2; 1949 c 240 s 7; 1947 c 274 s 13; Rem. Supp. 1949 s 11072-13. Formerly RCW 41.40.120.]
Notes:
Findings—Intent—2026 c 133: "(1) The legislature finds that, when a port district employer joined the public employees' retirement system in September 2023, certain employees of the port district who participate in the federal railroad retirement system were included within the definition of "employee" for purposes of chapter 41.40 RCW.
(2) The legislature finds that it has not been its intent for an employee to receive retirement service credit in more than one defined benefit retirement plan for the same period of service, or for an employer to be required to make retirement contributions to more than one retirement plan for the same employee and period of service.
(3) It is the intent of the legislature to clarify that an employee of a port district who participates in a federal retirement system for a period of service is not eligible for membership in the public employees' retirement system for that same period of service and is not required to participate in the public employees' retirement system for that period.
(4) The legislature further intends to clarify the authority of a port district under RCW 53.08.170 to contribute to a private defined benefit pension plan. Consistent with longstanding practice, an employee of a port district who has been, or is, covered by a private Taft-Hartley defined benefit pension plan while employed by a port district on or after January 1, 1965, is exempt from participation in the public employees' retirement system for periods of service covered by that plan." [ 2026 c 133 s 1.]
Effective date—2026 c 133 s 2: "Section 2 of this act takes effect January 1, 2027." [ 2026 c 133 s 3.]
Effective date—2010 c 80: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2010]." [ 2010 c 80 s 2.]
Effective date—2005 c 131: See note following RCW 41.40.823.
Intent—1999 c 286: "It is the intent of the legislature that retirement benefits represent a valuable element of the total compensation and benefits employees receive for their service. The value of these benefits is contained in the retirement income and cost-of-living adjustments provided to employees who remain in public service until retirement. For the majority of public employees, this requires membership in the public employees' retirement system.
The legislature recognizes, however, that certain occupations display a pattern of interstate mobility which requires retirement benefits which are highly portable. Incumbents in these occupations gain little value from membership in the public employees' retirement system. In order to remove any barrier to employing qualified personnel in positions with high mobility, membership in the retirement system should be optional in those occupations." [ 1999 c 286 s 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative findings—Intent—Severability—1986 c 317: See notes following RCW 41.40.150.
Severability—1984 c 184: See note following RCW 41.50.150.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 195: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1974 ex.s. c 195 s 14.]
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Pension benefits or annuity benefits for certain classifications of school district employees: RCW 28A.400.260.

catchline: Membership. (Effective until January 1, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 41.40.025

text:
This section designates charter schools established under chapter 28A.710 RCW as employers and charter school employees as members, and applies only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.
[ 2016 c 241 s 135. Prior: 2013 c 2 s 305 (Initiative Measure No. 1240, approved November 6, 2012).]
Notes:
Effective date—2016 c 241: See RCW 28A.710.901.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Membership in system—Charter school employers and employees.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.40.028

text:
Any person who has been employed in a nonelective position for at least nine months and who has made member contributions required under this chapter throughout such period, shall be deemed to have been in an eligible position during such period of employment.
[ 1980 c 112 s 2. Formerly RCW 41.40.123.]

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


title: RCW 41.40.034

text:
(1) A member eligible to retire under RCW 41.40.180, 41.40.630, or 41.40.820 may, at the time of filing a written application for retirement with the department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member purchasing additional service credit under this section may pay all or part of the cost with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments, rollovers, and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively to provide the member with a monthly annuity that is paid in addition to the member's retirement allowance.
[ 2006 c 214 s 1.]
Notes:
Effective date—2006 c 214: "This act takes effect July 1, 2006." [ 2006 c 214 s 8.]

catchline: Purchase of additional service credit—Costs—Rules.


title: RCW 41.40.035

text:
(1) No person appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such committee, board, or commission for fewer than ten days or seventy hours in any month, whichever amount is less, shall receive service credit for such service for that month: PROVIDED, That on and after October 1, 1977, appointive and elective officials who receive monthly compensation earnable from an employer in an amount equal to or less than ninety times the state minimum hourly wage shall not receive any service credit for such employment.
(2) No person appointed on or after June 9, 2022, to membership on any committee, board, or commission described in RCW 43.03.220 may receive service credit for service on such committee, board, or commission due to the payment of a stipend or allowance as authorized under RCW 43.03.220.
(3) This section does not apply to any person serving on a committee, board, or commission on June 30, 1976, who continued such service until subsequently appointed by the governor to a different committee, board, or commission.
[ 2022 c 245 s 8; 1987 c 146 s 1; 1977 ex.s. c 295 s 17; 1975-'76 2nd ex.s. c 34 s 4. Formerly RCW 41.40.165.]
Notes:
Findings—2022 c 245: See note following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

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


title: RCW 41.40.037

text:
(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.
(2)(a) A retiree from plan 1, plan 2, or plan 3 who has satisfied the break in employment requirement of subsection (1) of this section may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, 41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030, or in a position covered by annuity and retirement income plans offered by institutions of higher education pursuant to RCW 28B.10.400, without suspension of his or her benefit.
(b) Between March 23, 2022, and January 1, 2030, a retiree, including a retiree who has retired under the alternate early retirement provisions of RCW 41.40.630(3)(b) or 41.40.820(3)(b), who reenters employment more than 100 days after his or her accrual date, and who enters service in a school district in a nonadministrative position shall continue to receive pension payments while engaged in such service, until the retiree has rendered service for more than 1,040 hours in a calendar year.
(c) Between April 14, 2023, and July 1, 2026, a retiree, including a retiree who has retired under the alternate early retirement provisions of RCW 41.40.630(3)(b) or 41.40.820(3)(b), and who enters service in a nonadministrative position as a licensed nurse for a state agency, shall continue to receive pension payments while engaged in such service, until the retiree has rendered service for more than 1,040 hours in a calendar year.
(3) If the retiree opts to reestablish membership under RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state actuary with information relevant to the use of this section for the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five months in a calendar year without a reduction of his or her pension.
[ 2025 c 284 s 5; 2023 c 99 s 2; 2022 c 110 s 5; 2015 c 75 s 1; 2011 1st sp.s. c 47 s 19; 2007 c 50 s 5; 2005 c 319 s 103; 2004 c 242 s 63. Prior: 2003 c 412 s 5; 2003 c 295 s 7; 2001 2nd sp.s. c 10 s 4; (2001 2nd sp.s. c 10 s 12 repealed by 2002 c 26 s 9); 1997 c 254 s 14.]
Notes:
Effective date—2025 c 284: See note following RCW 41.32.570.
Effective date—2023 c 99: See note following RCW 41.37.050.
Effective date—2022 c 110: See note following RCW 41.32.570.
Intent—Effective dates—2011 1st sp.s. c 47: See notes following RCW 28B.10.400.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 2nd sp.s. c 10 s 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
PDF
RCW 41.40.037
Service by retirees—Break in employment requirement—Reduction of retirement allowance upon reemployment—Reestablishment of membership. (Effective June 30, 2029.)
(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.
(2)(a) A retiree from plan 1, plan 2, or plan 3 who has satisfied the break in employment requirement of subsection (1) of this section may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, 41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030 or 41.26A.030, or in a position covered by annuity and retirement income plans offered by institutions of higher education pursuant to RCW 28B.10.400, without suspension of his or her benefit.
(b) Between March 23, 2022, and January 1, 2030, a retiree, including a retiree who has retired under the alternate early retirement provisions of RCW 41.40.630(3)(b) or 41.40.820(3)(b), who reenters employment more than 100 days after his or her accrual date, and who enters service in a school district in a nonadministrative position shall continue to receive pension payments while engaged in such service, until the retiree has rendered service for more than 1,040 hours in a calendar year.
(c) Between April 14, 2023, and July 1, 2026, a retiree, including a retiree who has retired under the alternate early retirement provisions of RCW 41.40.630(3)(b) or 41.40.820(3)(b), and who enters service in a nonadministrative position as a licensed nurse for a state agency, shall continue to receive pension payments while engaged in such service, until the retiree has rendered service for more than 1,040 hours in a calendar year.
(3) If the retiree opts to reestablish membership under RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state actuary with information relevant to the use of this section for the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five months in a calendar year without a reduction of his or her pension.
[ 2026 c 261 s 438; 2025 c 284 s 5; 2023 c 99 s 2; 2022 c 110 s 5; 2015 c 75 s 1; 2011 1st sp.s. c 47 s 19; 2007 c 50 s 5; 2005 c 319 s 103; 2004 c 242 s 63. Prior: 2003 c 412 s 5; 2003 c 295 s 7; 2001 2nd sp.s. c 10 s 4; (2001 2nd sp.s. c 10 s 12 repealed by 2002 c 26 s 9); 1997 c 254 s 14.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2025 c 284: See note following RCW 41.32.570.
Effective date—2023 c 99: See note following RCW 41.37.050.
Effective date—2022 c 110: See note following RCW 41.32.570.
Intent—Effective dates—2011 1st sp.s. c 47: See notes following RCW 28B.10.400.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 2nd sp.s. c 10 s 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.

catchline: Service by retirees—Break in employment requirement—Reduction of retirement allowance upon reemployment—Reestablishment of membership. (Effective until June 30, 2029.)


title: RCW 41.40.038

text:
Those members subject to this chapter who became disabled in the line of duty on or after March 27, 1984, and who received or are receiving benefits under Title 51 RCW or a similar federal workers' compensation program shall receive or continue to receive service credit subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed after a member separates or is separated without leave of absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the employer and paid to the department at the rate in effect for the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be granted for a period to exceed twenty-four consecutive months.
(7) Nothing in this section shall abridge service credit rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit authorized under this section or repeal this section, no affected employee is entitled to receive the credit as a matter of contractual right.
[ 2005 c 363 s 1; 1987 c 118 s 1; 1986 c 176 s 2. Formerly RCW 41.40.223.]

catchline: Duty disability retirement recipients—Continued service credit.


title: RCW 41.40.042

text:
The deductions from the compensation of members, provided for in RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for in this chapter and receipt in full for his or her salary or compensation, and payment less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment, except as to benefits provided for under this chapter.
[ 2000 c 247 s 103; 1991 c 35 s 89; 1977 ex.s. c 295 s 18; 1947 c 274 s 35; Rem. Supp. 1947 s 11072-35. Formerly RCW 41.40.340.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Members agree to deductions.


title: RCW 41.40.048

text:
(1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by applying the applicable rates established in chapter 41.45 RCW to the total compensation earnable of employer's members as shown on the current payrolls of the said employer. In addition, the director shall determine and collect the additional employer contribution rate necessary to fund the benefits granted officials holding office pursuant to Articles II and III of the Constitution of the state of Washington and RCW 48.02.010. Each said employer shall compute at the end of each month the amount due for that month and the same shall be paid as are its other obligations. Effective January 1, 1987, however, no contributions are required for any calendar month in which the member is not granted service credit.
(3) In the event of failure, for any reason, of an employer other than a political subdivision of the state to have remitted amounts due for membership service of any of the employer's members rendered during a prior biennium, the director shall bill such employer for such employer's contribution together with such charges as the director deems appropriate in accordance with RCW 41.50.120. Such billing shall be paid by the employer as, and the same shall be, a proper charge against any moneys available or appropriated to such employer for payment of current biennial payrolls.
[ 1989 c 273 s 23; 1986 c 268 s 5; 1985 c 138 s 1; 1982 1st ex.s. c 52 s 22; 1979 c 151 s 63; 1977 ex.s. c 295 s 20; 1963 c 126 s 1; 1961 c 291 s 12; 1949 c 240 s 26; 1947 c 274 s 38; Rem. Supp. 1947 s 11072-38. Formerly RCW 41.40.370.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.


title: RCW 41.40.052

text:
(1) Subject to subsections (2), (3), and (4) of this section, the right of a person to a pension, an annuity, or retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, the various funds created by this chapter, and all moneys and investments and income thereof, are hereby exempt from any state, county, municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law whatsoever, whether the same be in actual possession of the person or be deposited or loaned and shall be unassignable.
(2)(a) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care authority and/or the department, and this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other membership fees to any retirement association or organization the membership of which is composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such deduction for payment to the same retirement association or organization.
(b) This section does not prohibit a beneficiary of a retirement allowance from authorizing deductions from that allowance for charitable purposes on the same terms as employees and public officers under RCW 41.04.035 and 41.04.036.
(3) Subsection (1) of this section shall not prohibit the department from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (c) an income withholding order issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment order issued by the department, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.
(4) Subsection (1) of this section does not exempt any pension or other benefit received under this chapter from tax under Title 82A RCW.
[ 2026 c 238 s 810; 2012 c 159 s 26; 1999 c 83 s 1. Prior: 1991 c 365 s 22; 1991 c 35 s 92; 1989 c 360 s 27; 1988 c 107 s 20; 1987 c 326 s 24; 1982 c 135 s 2; 1981 c 294 s 14; 1979 ex.s. c 205 s 6; 1974 ex.s. c 195 s 4; 1967 c 127 s 6; 1947 c 274 s 39; Rem. Supp. 1947 s 11072-39. Formerly RCW 41.40.380.]
Notes:
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.

catchline: Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized.


title: RCW 41.40.054

text:
A member shall not receive a disability retirement benefit under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235, 41.40.250, 41.40.670, or 41.40.825 if the disability is the result of criminal conduct by the member committed after April 21, 1997.
[ 2000 c 247 s 104; 1997 c 103 s 3.]
Notes:
Severability—Effective date—1997 c 103: See notes following RCW 41.26.061.

catchline: Disability retirement—Criminal conduct.


title: RCW 41.40.055

text:
Any person who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud the retirement system as a result of such act, shall be guilty of a gross misdemeanor.
[ 1947 c 274 s 41; Rem. Supp. 1947 s 11072-41. Formerly RCW 41.40.400.]

catchline: Penalty for false statements.


title: RCW 41.40.056

text:
Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before July 23, 1995, membership service may be established for the employer's former employees who are active members of the system if the member or member's former employer pays an amount equal to the employer and member contributions which would have been paid to the retirement system on account of such service to the retirement system. Payment shall be made prior to the retirement of such member.
Payments submitted by the member under this section shall be placed in the member's individual account in the members' savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option.
[ 1995 c 286 s 2.]

catchline: Establishment of service credit—Former employees—Employers admitted before July 23, 1995.


title: RCW 41.40.057

text:
(1) This section applies to the establishment of membership service with employers admitted to the retirement system after July 23, 1995.
(2) For current employees, membership service may be established for periods of employment with an employer prior to the employer's admission into the retirement system by making the payments required by this section.
The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include the total member and employer contributions that would have been required from the date of each current member's hire.
(a) Option A: The employer makes all the required payments within fifteen years from the date of the employer's admission.
(b) Option B: The employer makes a portion of the required payments and the member pays the balance. The employer shall not be required to make its payments until the member has made his or her payments. Each member shall have the option to purchase the membership service.
(c) Option C: The member makes all of the required payments. Each member shall have the option to purchase the membership service.
All payments under options B and C of this subsection must be completed within five years from the date of the employer's admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive membership service credit under option B or C of this subsection until all required payments have been made.
(3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if the contributions plus interest accrued cannot be transferred to the retirement system. If the employer does not purchase the membership credit under this subsection, the member may purchase the membership service under subsection (2)(c) of this section.
(4) A former employee who is an active member of the system and is not covered by subsection (2) of this section may establish membership service by making the required payments under subsection (2)(c) of this section prior to the retirement of the member.
(5) All payments made by the member under this section shall be placed in the member's individual account in the members' savings fund or the member's account for those members entering plan 3.
[ 2000 c 247 s 105; 1995 c 286 s 3.]

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


title: RCW 41.40.058

text:
(1) Any person who was a member of the statewide city employees' retirement system governed by chapter 41.44 RCW and who also became a member of this retirement system on or before July 26, 1987, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all service which was previously credited under chapter 41.44 RCW but which was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees' savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until the date of payment at a rate determined by the director. No additional payments are required for service credit described in this subsection if already established under this chapter; and
(c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW, upon payment in full by the member of the total employer's contribution to the benefit account fund of this retirement system that would have been made under this chapter when the initial service was rendered. The payment shall be based on the first month's compensation earnable as a member of the statewide city employees' retirement system and as defined in *RCW 41.44.030(13). However, a person who has established service credit under **RCW 41.40.010(13) (c) or (d) shall not establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any additional credit under **RCW 41.40.010(13) (c) or (d). No additional payments are required for service credit described in this subsection if already established under this chapter.
(2)(a) In the case of a member of this retirement system who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be filed and the payments required by subsection (1)(b) and (c) of this section must be completed in full within one year after July 26, 1987.
(b) In the case of a former member of this retirement system who is not employed by an employer on July 26, 1987, the written election must be filed and the payments must be completed in full within one year after reemployment by an employer.
(c) In the case of a retiree receiving a retirement allowance from this retirement system on July 26, 1987, or any person having vested rights as described in RCW 41.40.150 (4), the written election may be filed and the payments may be completed at any time.
(3) Upon receipt of the written election and payments required by subsection (1) of this section from any retiree described in subsection (2) of this section, the department shall recompute the retiree's allowance in accordance with this section and shall pay any additional benefit resulting from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city employees' retirement system under chapter 41.44 RCW and also became a member of this retirement system, and did not make the election under subsection (1) of this section because he or she was not a member of this retirement system prior to July 27, 1987, or did not meet the time limitations of subsection (2) (a) or (b) of this section, may elect to do any of the following:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all service that was previously credited under chapter 41.44 RCW but was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190; and
(c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW.
To make the election or elections, the person must pay the amount required under RCW 41.50.165(2) prior to retirement from this retirement system.
[ 1994 c 197 s 25; 1987 c 417 s 1; 1984 c 184 s 9. Formerly RCW 41.40.403.]
Notes:
Reviser's note: *(1) RCW 41.44.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (13) to subsection (10).
**(2) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (13) to subsection (23).
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Transfer of service credit from statewide city employees' retirement system.


title: RCW 41.40.059

text:
Any active member of this retirement system who has previously established ten or more years' service credit in the city of Seattle's police relief and pension fund system, who withdrew his or her contributions from Seattle's police relief and pension fund system prior to July 1, 1961, and who has never been a member of the law enforcement officers' and firefighters' pension system created in chapter 41.26 RCW, may receive credit in this retirement system for such service, subject to the terms and conditions specified in RCW 41.40.061.
[ 1992 c 157 s 3.]
PDF
RCW 41.40.059
Credit for service in Seattle's police relief and pension fund system. (Effective June 30, 2029.)
Any active member of this retirement system who has previously established ten or more years' service credit in the city of Seattle's police relief and pension fund system, who withdrew his or her contributions from Seattle's police relief and pension fund system prior to July 1, 1961, and who has never been a member of the law enforcement officers' and firefighters' pension system created in chapter 41.26 or 41.26A RCW, may receive credit in this retirement system for such service, subject to the terms and conditions specified in RCW 41.40.061.
[ 2026 c 261 s 439; 1992 c 157 s 3.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.

catchline: Credit for service in Seattle's police relief and pension fund system. (Effective until June 30, 2029.)


title: RCW 41.40.061

text:
(1) A member who fulfills the requirements of RCW 41.40.059 may file a written declaration no later than September 30, 1992, with the department and the Seattle police relief and pension fund system indicating the member's desire to make an irrevocable transfer of credit from the Seattle system to this retirement system. The member shall restore his or her contributions, with interest since the date of withdrawal as determined by the director, no later than December 31, 1992.
(2) Upon receipt of the written declaration, the Seattle police relief and pension fund system shall send the department a report of the member's service credit. It shall also transfer to the department the portion of such member's contributions that was retained in the Seattle police relief and pension fund pursuant to RCW 41.20.150, plus a sum equal to such member's total contributions to the Seattle police relief and pension fund, which shall be treated as matching contributions by the employer, plus the compound interest that would have been generated by such sums, as determined by the Seattle city treasurer. The Seattle police relief and pension fund system shall send the service credit report and transfer the funds within ninety days of receiving the member's written declaration.
[ 1992 c 157 s 4.]

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


title: RCW 41.40.062

text:
(1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.
(2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every member of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949, except that after August 31, 2000, school districts will no longer be employers for the public employees' retirement system plan 2 or plan 3.
[ 2000 c 247 s 106; 1998 c 341 s 602; 1995 c 286 s 4; 1991 c 35 s 93; 1971 ex.s. c 271 s 12; 1969 c 128 s 13; 1965 c 84 s 1; 1963 c 174 s 16; 1961 c 291 s 13; 1953 c 200 s 19; 1951 c 50 s 13; 1949 c 240 s 27; 1947 c 274 s 43; Rem. Supp. 1949 s 11072-42. Formerly RCW 41.40.410.]
Notes:
Effective date—1998 c 341: See RCW 41.35.901.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.

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


title: RCW 41.40.068

text:
Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges must before he or she appeals to the courts, file with the director by mail or personally within sixty days from the day the decision was communicated to the person, a notice for a hearing before the director's designee. The notice of hearing shall set forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every issue to be considered by the department, and it must contain a detailed statement of facts upon which the person relies in support of the appeal. These persons shall be deemed to have waived all objections or irregularities concerning the matter on which the appeal is taken, other than those specifically set forth in the notice of hearing or appearing in the records of the retirement system.
[ 1991 c 35 s 94; 1969 c 128 s 14; 1963 c 174 s 17; 1953 c 200 s 22. Formerly RCW 41.40.412.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Hearing prior to appeal—Required—Notice.


title: RCW 41.40.073

text:
Following its receipt of a notice for hearing in accordance with RCW 41.40.068, a hearing shall be held by the director or a duly authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearing shall be conducted and governed in all respects by the provisions of chapter 34.05 RCW.
[ 1989 c 175 s 87; 1969 c 128 s 15; 1953 c 200 s 23. Formerly RCW 41.40.414.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Hearing prior to appeal—Conduct of hearing.


title: RCW 41.40.078

text:
Judicial review of any final decision and order by the director is governed by the provisions of chapter 34.05 RCW.
[ 1989 c 175 s 88; 1969 c 128 s 16; 1963 c 174 s 18; 1953 c 200 s 20; 1951 c 50 s 14. Formerly RCW 41.40.420.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Judicial review in accordance with administrative procedure act.


title: RCW 41.40.082

text:
No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the department affecting the claimant's right to retirement or disability benefits.
[ 1991 c 35 s 95; 1971 c 81 s 105; 1951 c 50 s 16. Formerly RCW 41.40.440.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Appeal—No bond required.


title: RCW 41.40.088

text:
(1) A plan 1 member who is employed by a school district or districts, an educational service district, the Washington center for deaf and hard of hearing youth, the state school for the blind, institutions of higher education, or community colleges:
(a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for six hundred thirty hours or more during that period, and is employed during nine months of that period, except that a member may not receive credit for any period prior to the member's employment in an eligible position;
(b) If a member in an eligible position does not meet the requirements of (a) of this subsection, the member is entitled to a service credit month for each month of the period he or she earns earnable compensation for seventy or more hours; and the member is entitled to a one-quarter service credit month for those calendar months during which he or she earned compensation for less than seventy hours.
(2) Except for any period prior to the member's employment in an eligible position, a plan 2 or plan 3 member who is employed by a school district or districts, an educational service district, the state school for the blind, the Washington center for deaf and hard of hearing youth, institutions of higher education, or community colleges:
(a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for eight hundred ten hours or more during that period, and is employed during nine months of that period;
(b) If a member in an eligible position for each month of the period from September through August of the following year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit month for each month of the period if he or she earns earnable compensation for at least six hundred thirty hours but less than eight hundred ten hours during that period, and is employed nine months of that period;
(c) In all other instances, a member in an eligible position is entitled to service credit months as follows:
(i) One service credit month for each month in which compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in which compensation is earned for at least seventy hours but less than ninety hours; and
(iii) One-quarter service credit month for each month in which compensation is earned for less than seventy hours;
(d) After August 31, 2000, school districts and educational service districts will no longer be employers for the public employees' retirement system plan 2 or plan 3.
(3) The department shall adopt rules implementing this section.
[ 2019 c 266 s 25; 2009 c 381 s 32; 2000 c 247 s 107; 1998 c 341 s 603. Prior: 1991 c 343 s 9; 1991 c 35 s 96; 1990 c 274 s 4; 1989 c 289 s 2; 1987 c 136 s 1; 1983 c 69 s 2; 1973 c 23 s 1. Formerly RCW 41.40.450.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Intent—Reservation—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.


title: RCW 41.40.092

text:
(1) Active members of the Washington state patrol retirement system who have previously established service credit in the public employees' retirement system, plan 1 or plan 2 while employed by the state patrol as a cadet as defined in *RCW 43.43.120(6)(b) may have such service credit transferred to the state patrol retirement system subject to the terms and conditions specified in chapter 43.43 RCW, including reestablishment of such service for the sole purpose of transfer. Service reestablishment shall be subject to the interest requirements of RCW 41.40.150(2).
(2) Service credit established for employment other than that specified in subsection (1) of this section is not eligible for transfer.
[ 2000 c 247 s 108; 1983 c 81 s 3. Formerly RCW 41.40.530.]
Notes:
*Reviser's note: RCW 43.43.120 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (6)(b) to subsection (5)(b).
Effective date—1983 c 81: See note following RCW 43.43.120.

catchline: Transfer of cadet service credit to Washington state patrol retirement system.


title: RCW 41.40.0931

text:
(1) A one hundred fifty thousand dollar death benefit for members who had the opportunity to transfer to the law enforcement officers' and firefighters' retirement system pursuant to chapter 502, Laws of 1993, but elected to remain in the public employees' retirement system, shall be paid to the member's estate, or such person or persons, trust, or organization as the member has nominated by written designation duly executed and filed with the department. If there is no designated person or persons still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) Subject to subsection (3) of this section, the benefit under this section shall be paid only where death occurs as a result of (a) injuries sustained in the course of employment as a general authority police officer; or (b) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(3) The benefit under this section shall not be paid in the event the member was in the act of committing a felony when the fatal injuries were suffered.
[ 2007 c 487 s 6; 1998 c 157 s 1.]
Notes:
Effective date—1998 c 157: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 1998]." [ 1998 c 157 s 6.]

catchline: Death benefit—Course of employment as a police officer—Occupational disease or infection.


title: RCW 41.40.0932

text:
(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member has nominated by written designation duly executed and filed with the department. If no such designated person or persons are still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only where death occurs as a result of (a) injuries sustained in the course of employment; or (b) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
[ 2007 c 487 s 7; 2003 c 402 s 1.]

catchline: Death benefit—Course of employment—Occupational disease or infection.


title: RCW 41.40.095

text:
(1) Any member of the Washington judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter shall file a written request with the director as required by RCW 2.10.040 on or before December 31, 1989, or within one year after reentering service as a judge.
Upon receipt of such request, the director shall transfer from the judicial retirement system to this retirement system: (a) An amount equal to the employee and employer contributions the judge would have made if the judge's service under chapter 2.10 RCW had originally been earned under this chapter, which employee contributions shall be credited to the member's account established under this chapter; and (b) a record of service credited to the member. The judge's accumulated contributions that exceed the amount credited to the judge's account under this subsection shall be deposited in the judge's retirement account created pursuant to chapter 2.14 RCW.
(2) The member shall be given year-for-year credit for years of service, as determined under *RCW 2.10.030(8), earned under the judicial retirement system. Service credit granted under the judicial retirement system pursuant to RCW 2.10.220 shall not be transferred under this section. The director instead shall reverse the transfer of contributions and service credit previously made under RCW 2.10.220 and shall credit the member for such periods of service and contributions under this chapter as though no transfer had ever occurred.
(3) All employee contributions transferred pursuant to this section shall be treated the same as other employee contributions made under this chapter.
[ 1988 c 109 s 5. Formerly RCW 41.40.540.]
Notes:
*Reviser's note: RCW 2.10.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (8) to subsection (11).
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Transfer of membership from judicial retirement system.


title: RCW 41.40.096

text:
(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 on or before January 1, 2003, and on July 27, 2003, is employed by the department of fish and wildlife as a law enforcement officer as defined in RCW 41.26.030, shall become a member of the law enforcement officers' and firefighters' retirement system plan 2. All officers will be dual members as provided in chapter 41.54 RCW, and public employees' retirement system service credit may not be transferred to the law enforcement officers' and firefighters' retirement system plan 2.
(2) An employee who was a member of the public employees' retirement system plan 1 on or before January 1, 2003, and on or after July 27, 2003, is employed by the department of fish and wildlife as a law enforcement officer as defined in RCW 41.26.030, shall remain a member of the public employees' retirement system plan 1.
[ 2003 c 388 s 1.]

catchline: Law enforcement officers—Dual membership—Plan 1 exception.


title: RCW 41.40.098

text:
A former member of the Washington judicial retirement system who: (1) Is not serving as a judge on July 1, 1988; (2) has not retired under the applicable provisions of chapter 2.10 RCW; and (3) subsequently reacquires membership in the public employees' retirement system may, by written request filed with the director of retirement systems, transfer to the public employees' retirement system all periods of time served as a judge, as defined in *RCW 2.10.030(2). Upon such membership transfer being made, the department of retirement systems shall transfer the employer contributions and the employee's contributions and service from the judicial retirement system to the public employees' retirement system. The service shall be transferred and credited to the member as though the service was originally earned as a member of the public employees' retirement system.
[ 1988 c 109 s 6. Formerly RCW 41.40.542.]
Notes:
*Reviser's note: RCW 2.10.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (5).
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Transfer of former service from judicial retirement system.


title: RCW 41.40.102

text:
RCW 43.01.044 shall not result in any increase in retirement benefits. The rights extended to state officers and employees under RCW 43.01.044 are not intended to and shall not have any effect on retirement benefits under this chapter.
[ 1983 c 283 s 4. Formerly RCW 41.40.800.]

catchline: Effect of certain accumulated vacation leave on retirement benefits.


title: RCW 41.40.103

text:
(1) The annual compensation taken into account in calculating retiree benefits under this system shall not exceed the limits imposed by section 401(a)(17) of the federal internal revenue code for qualified trusts.
(2) The department shall adopt rules as necessary to implement this section.
[ 1995 c 145 s 3.]

catchline: Benefit calculation—Limitation.


title: RCW 41.40.104

text:
Notwithstanding any provision to the contrary, persons who fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum payment in lieu of benefits, before the deadline established by statute, may do so under the conditions set forth in RCW 41.50.165.
[ 1998 c 17 s 3.]

catchline: Establishing, restoring service credit.


title: RCW 41.40.1041

text:
(1) By no later than December 31, 2010, the department shall recalculate service credit for periods of qualifying prior service by an eligible member, as provided for in this section.
(2) An eligible member is a member of plan 2 or 3 who is active in the retirement system and who earns service credit after June 10, 2010, and before September 1, 2010.
(3) A qualifying period of prior service is a school year prior to January 1, 1987, in which the member:
(a) Was employed in an eligible position by a school district or districts, educational service district, the *state school for the deaf, the state school for the blind, an institution of higher education, or a community college;
(b) Earned earnable compensation for at least six hundred thirty hours as determined by the department;
(c) Received less than six months of service credit; and
(d) Has not withdrawn service credit for the school year or has restored any withdrawn service credit for the school year.
(4) The department shall recalculate service credit for qualifying periods of prior service for an eligible member as follows:
(a) The member shall receive one-half service credit month for each month of the period from September through August of the following year if he or she earned earnable compensation during that period for at least six hundred thirty hours as determined by the department, and was employed nine months of that period; and
(b) A member's service credit shall not be reduced under this section for a qualifying period of prior service.
[ 2010 c 103 s 2.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.

catchline: Prior service for plan 2 or 3 members—One-half service credit.


title: RCW 41.40.105

text:
The provisions of this chapter shall not be applicable to the officers and employees of the nonprofit corporation formed under *chapter 67.40 RCW.
[ 1984 c 210 s 6. Formerly RCW 41.40.810.]
Notes:
*Reviser's note: A majority of chapter 67.40 RCW was repealed by 2010 1st sp.s. c 15 s 14, effective November 30, 2010. RCW 67.40.020 was repealed by 2010 1st sp.s. c 15 s 15, effective December 30, 2010.
Savings—Severability—1984 c 210: See notes following RCW 43.01.045.

catchline: Chapter not applicable to officers and employees of state convention and trade center.


title: RCW 41.40.108

text:
(1) All classified employees employed by Washington State University on and after April 24, 1973, and otherwise eligible shall become members of the Washington public employees' retirement system to the exclusion of any other retirement benefit system at the institution unless otherwise provided by law.
(2) All classified employees employed by the University of Washington or each of the regional universities or The Evergreen State College on and after May 6, 1974, and otherwise eligible shall become members of the Washington public employees' retirement system at the institution unless otherwise provided by law: PROVIDED, That persons who, immediately prior to the date of their hiring as classified employees, have for at least two consecutive years held membership in a retirement plan underwritten by the private insurer of the retirement plan of their respective educational institution may irrevocably elect to continue their membership in the retirement plan notwithstanding the provisions of this chapter, if the election is made within thirty days from the date of their hiring as classified employees. If these persons elect to become members of the public employees' retirement system, contributions by them and their employers shall be required from their first day of employment.
[ 1991 c 35 s 107.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Higher education classified employees—Membership in the public employees' retirement system.


title: RCW 41.40.109

text:
(1) Employers that are organized pursuant to chapter 36.100, 36.102, or 81.112 RCW, who have become retirement system employers since 1993, and who have previously excluded some of their employees from retirement system membership pursuant to the limitation in RCW 41.40.023(4), shall have the option until December 31, 1999, to terminate their status as a retirement system employer with regard to persons employed after the date of their election.
(2) If a government unit terminates its status as an employer pursuant to this section its employees as of the date of the election who are members shall be eligible to continue their membership in the retirement system, if otherwise eligible under this chapter, for the duration of their continuous employment with that employer.
(3) If a government unit subject to this section does not elect to terminate its status as a retirement system employer it may either: (a) Continue to exclude from membership those employees who were excluded pursuant to the limitation in RCW 41.40.023(4) prior to July 25, 1999; or [(b)] include such employees in the retirement system, if otherwise eligible under this chapter, for service rendered on or after July 25, 1999, and after the employer's election.
[ 1999 c 244 s 2.]

catchline: Retirement system employer—Termination of status.


title: RCW 41.40.111

text:
(1) When a unit of government has become a retirement system employer, all of its employees must be included in the plan membership, if otherwise eligible under this chapter, unless the employee is exempted from membership or qualifies for optional membership pursuant to RCW 41.40.023 or other provision of this chapter.
(2) A unit of government which has become a retirement system employer may not withdraw from the retirement system.
[ 1999 c 244 s 3.]

catchline: Retirement system employer—Unit of government.


title: RCW 41.40.113

text:
(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 before July 1, 2006, and on July 1, 2006, is employed by an employer as defined in *RCW 41.37.010(4) and is an employee in a job class included in *RCW 41.37.010(5), has the following options during the election period:
(a) Remain a member of the public employees' retirement system; or
(b) Become a member of the public safety employees' retirement system plan 2. All members will be dual members as provided in chapter 41.54 RCW, and public employees' retirement system service credit may not be transferred to the public safety employees' retirement system plan 2.
(2) The "election period" is the period between July 1, 2006, and September 30, 2006.
(3) During the election period, employees remain members of the public employees' retirement system plan 2 or plan 3 until they elect to join the public safety employees' retirement system. Members who elect to join the public safety employees' retirement system as described in subsection (1) of this section will have their membership begin prospectively from the date of their election.
(4) If after September 30, 2006, the member has not made an election to join the public safety employees' retirement system he or she will remain in the public employees' retirement system plan 2 or plan 3.
(5) An employee who was a member of the public employees' retirement system plan 1 on or before July 1, 2006, and on or after July 1, 2006, is employed by an employer as defined in *RCW 41.37.010(4) as an employee in a job class included in *RCW 41.37.010(5), shall remain a member of the public employees' retirement system plan 1.
(6) All new employees hired on or after July 1, 2006, who become employed by an employer as defined in *RCW 41.37.010(4) as an employee in a job class included in *RCW 41.37.010(5) will become members of the public safety employees' retirement system.
(7) An employee of the department of natural resources who was a member of the public employees' retirement system plan 2 or plan 3 before July 1, 2007, and on July 1, 2007, is performing the duties as defined in *RCW 41.37.010(5), has the following options during the election period defined in subsection (8) of this section:
(a) Remain in the public employees' retirement system; or
(b) Become a member of the public safety employees' retirement system plan 2 and be a dual member as provided in chapter 41.54 RCW, and public employees' retirement system service credit may not be transferred to the public safety employees' retirement system.
(8) The "election period" is the period between July 1, 2007, and September 30, 2007.
(9) During the election period, department of natural resources employees remain members of the public employees' retirement system plan 2 or plan 3 until they elect to join the public safety employees' retirement system. Members who elect to join the public safety employees' retirement system as described in subsection (7) of this section will have their membership begin prospectively from the date of their election.
(10) If after September 30, 2007, an employee has not made an election to join the public safety employees' retirement system, he or she will remain in the public employees' retirement system plan 2 or plan 3.
[ 2007 c 294 s 2; 2004 c 242 s 5.]
Notes:
*Reviser's note: RCW 41.37.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsections (4) and (5) to subsections (12) and (19), respectively.
Effective date—2004 c 242: See RCW 41.37.901.

catchline: Public safety employees' retirement system—Election—Membership.


title: RCW 41.40.124

text:
(1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or plan 2 employed as a supreme court justice, court of appeals judge, or superior court judge may make a one-time irrevocable election, filed in writing with the member's employer, the department, and the administrative office of the courts, to accrue an additional benefit equal to one and one-half percent of average final compensation for each year of future service credit from the date of the election in lieu of future employee and employer contributions to the judicial retirement account plan under chapter 2.14 RCW.
(2) A member who made the election under subsection (1) of this section may apply, at the time of filing a written application for retirement with the department, to the department to increase the member's benefit multiplier by an additional one and one-half percent per year of service for the period in which the member served as a justice or judge prior to the election. The member may purchase, beginning with the most recent judicial service, the higher benefit multiplier for that portion of the member's prior judicial service for which the higher benefit multiplier was not previously purchased, and that would ensure that the member has no more than a seventy-five percent of average final compensation benefit. The member shall pay five percent of the salary earned for each month of service for which the higher benefit multiplier is being purchased, plus five and one-half percent interest applied from the dates that the service was earned. The purchase price shall not exceed the actuarially equivalent value of the increase in the member's benefit resulting from the increase in the benefit multiplier. This payment must be made prior to retirement, subject to rules adopted by the department.
(3) From January 1, 2009, through June 30, 2009, the following members may apply to the department to increase their benefit multiplier by an additional one and one-half percent per year of service for the period in which they served as a justice or judge:
(a) Active members of plan 1 or plan 2 who are not currently employed as a supreme court justice, court of appeals judge, or superior court judge, and who have past service as a supreme court justice, court of appeals judge, or superior court judge; and
(b) Inactive vested members of plan 1 or plan 2 who have separated, have not yet retired, and who have past service as a supreme court justice, court of appeals judge, or superior court judge.
A member eligible under this subsection may purchase the higher benefit multiplier for all or part of the member's prior judicial service beginning with the most recent judicial service. The member shall pay, for the applicable period of service, the actuarially equivalent value of the increase in the member's benefit resulting from the increase in the benefit multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member applying to increase the member's benefit multiplier under this section may pay all or part of the cost with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments, rollovers, and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
[ 2008 c 300 s 1; 2007 c 123 s 1; 2006 c 189 s 5.]
Notes:
Effective date—2006 c 189: See note following RCW 2.14.115.

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