title: RCW 41.32.010

text:
As used in this chapter, unless a different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan 1 members, means the sum of all regular annuity contributions and, except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular interest thereon.
(b) "Accumulated contributions" for plan 2 members, means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.
(3) "Adjustment ratio" means the value of index A divided by index B.
(4) "Annual increase" means, initially, fifty-nine cents per month per year of service which amount shall be increased each July 1st by three percent, rounded to the nearest cent.
(5) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.
(6) "Average final compensation" for plan 2 and plan 3 members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).
(7)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(8) "Contract" means any agreement for service and compensation between a member and an employer.
(9) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan 1 members.
(10) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(11) "Dependent" means receiving one-half or more of support from a member.
(12) "Director" means the director of the department.
(13) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan 1 members.
(14)(a) "Earnable compensation" for plan 1 members, means:
(i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.
(ii) For an employee member of the retirement system teaching in an extended school year program, two consecutive extended school years, as defined by the employer school district, may be used as the annual period for determining earnable compensation in lieu of the two fiscal years.
(iii) "Earnable compensation" for plan 1 members also includes the following actual or imputed payments, which are not paid for personal services:
(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.
(B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.
(iv) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy-five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, a psychologist, a social worker, a nurse, a physical therapist, an occupational therapist, a speech language pathologist or audiologist, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full-time service credit.
(v) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of two hundred forty hours as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3 members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.
"Earnable compensation" for plan 2 and plan 3 members also includes the following actual or imputed payments which, except in the case of (b)(ii)(B) of this subsection, are not paid for personal services:
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:
(A) The earnable compensation the member would have received had such member not served in the legislature; or
(B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.
(c) In calculating earnable compensation under (a) or (b) of this subsection, the department of retirement systems shall include:
(i) Any compensation forgone by a member employed by a state agency or institution during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, temporary reduction in pay implemented prior to December 11, 2010, or temporary layoffs if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer;
(ii) Any compensation forgone by a member during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer. Reductions to current pay shall not include elimination of previously agreed upon future salary reductions; and
(iii) Any compensation forgone by a member during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer. Reductions to current pay shall not include elimination of previously agreed upon future salary increases.
(15)(a) "Eligible position" for plan 2 members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.
(b) "Eligible position" for plan 2 and plan 3 on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.
(c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.
(d) The elected position of the superintendent of public instruction is an eligible position.
(16) "Employed" or "employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. The department shall adopt rules and interpret this subsection consistent with common law.
(17) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid. Except as otherwise specifically provided in this chapter, "employer" does not include a government contractor. For purposes of this subsection, a "government contractor" is any entity, including a partnership, limited liability company, for-profit or nonprofit corporation, or person, that provides services pursuant to a contract with an employer. The determination whether an employer-employee relationship has been established is not based on the relationship between a government contractor and an employer, but is based solely on the relationship between a government contractor's employee and an employer under this chapter. For the purposes of retirement plan membership, this subsection includes tribal schools who have chosen to participate in the retirement system and satisfied the requirements of RCW 28A.715.010(7).
(18) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.
(19) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.
(20) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the bureau of labor statistics, United States department of labor.
(21) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(22) "Index B" means the index for the year prior to index A.
(23) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(24) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.
(25) "Member" means any teacher included in the membership of the retirement system who has not been removed from membership under RCW 41.32.878 or 41.32.768. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.
(26) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(27) "Member reserve" means the fund in which all of the accumulated contributions of members are held.
(28) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan 1 members.
(29) "Pension" means the moneys payable per year during life from the pension reserve.
(30) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.
(31) "Plan 1" means the teachers' retirement system, plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(32) "Plan 2" means the teachers' retirement system, plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977, and prior to July 1, 1996.
(33) "Plan 3" means the teachers' retirement system, plan 3 providing the benefits and funding provisions covering persons who first become members of the system on and after July 1, 1996, or who transfer under RCW 41.32.817.
(34) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan 1 members.
(35) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan 1 members.
(36) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University. For the purposes of retirement plan membership, this subsection includes tribal schools who have chosen to participate in the retirement system and satisfied the requirements of RCW 28A.715.010(7).
(37) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan 1 members.
(38) "Regular interest" means such rate as the director may determine.
(39) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member.
(40)(a) "Retirement allowance" for plan 1 members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3 members, means monthly payments to a retiree or beneficiary as provided in this chapter.
(41) "Retirement system" means the Washington state teachers' retirement system.
(42) "Separation from service or employment" occurs when a person has terminated all employment with an employer. Separation from service or employment does not occur, and if claimed by an employer or employee may be a violation of RCW 41.32.055, when an employee and employer have a written or oral agreement to resume employment with the same employer following termination. Mere expressions or inquiries about postretirement employment by an employer or employee that do not constitute a commitment to reemploy the employee after retirement are not an agreement under this section.
(43)(a) "Service" for plan 1 members means the time during which a member has been employed by an employer for compensation.
(i) If a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(iv) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (14)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive the full service credit for the hours that were scheduled to be worked before the reduction.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132.
(ii) Any other member employed in an eligible position or as a substitute who earns earnable compensation during the period from September through August shall receive service credit according to one of the following methods, whichever provides the most service credit to the member:
(A) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve-month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one-half of a service credit month for each month of the twelve-month period;
(B) If a member is employed in an eligible position or as a substitute teacher for at least five months of a six-month period between September through August of the following year and earns earnable compensation for six hundred thirty or more hours within the six-month period, he or she will receive a maximum of six service credit months for the school year, which shall be recorded as one service credit month for each month of the six-month period;
(C) All other members employed in an eligible position or as a substitute teacher shall receive service credit as follows:
(I) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;
(II) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and
(III) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.
(iii) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.
(iv) When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.
(v) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470. For purposes of plan 2 and plan 3 "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.
(vi) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(vii) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (14)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive the full service credit for the hours that were scheduled to be worked before the reduction.
(viii) The department shall adopt rules implementing this subsection.
(44) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
(45) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(46) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(47) "State elective position" means any position held by any person elected or appointed to statewide office or elected or appointed as a member of the legislature.
(48) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(49) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.
[ 2021 c 12 s 3; 2018 c 257 s 2; 2012 c 236 s 3; 2011 1st sp.s. c 5 s 2. Prior: 2010 2nd sp.s. c 1 s 904; 2010 1st sp.s. c 32 s 7; prior: 2008 c 204 s 1; 2008 c 175 s 1; prior: 2007 c 398 s 3; 2007 c 50 s 1; prior: 2005 c 131 s 8; 2005 c 23 s 1; 2003 c 31 s 1; 1997 c 254 s 3; 1996 c 39 s 1; prior: 1995 c 345 s 9; 1995 c 239 s 102; prior: 1994 c 298 s 3; 1994 c 247 s 2; 1994 c 197 s 12; 1993 c 95 s 7; prior: 1992 c 212 s 1; 1992 c 3 s 3; prior: 1991 c 343 s 3; 1991 c 35 s 31; 1990 c 274 s 2; 1987 c 265 s 1; 1985 c 13 s 6; prior: 1984 c 256 s 1; 1984 c 5 s 1; 1983 c 5 s 1; 1982 1st ex.s. c 52 s 6; 1981 c 256 s 5; 1979 ex.s. c 249 s 5; 1977 ex.s. c 293 s 18; 1975 1st ex.s. c 275 s 149; 1974 ex.s. c 199 s 1; 1969 ex.s. c 176 s 95; 1967 c 50 s 11; 1965 ex.s. c 81 s 1; 1963 ex.s. c 14 s 1; 1955 c 274 s 1; 1947 c 80 s 1; Rem. Supp. 1947 s 4995-20; prior: 1941 c 97 s 1; 1939 c 86 s 1; 1937 c 221 s 1; 1931 c 115 s 1; 1923 c 187 s 1; 1917 c 163 s 1; Rem. Supp. 1941 s 4995-1.]
Notes:
Retroactive application—2021 c 12: See note following RCW 41.26.030.
Contingency—Conflict with federal law—2018 c 257: See note following RCW 28A.715.010.
Purpose—Application—2012 c 236: See note following RCW 41.26.030.
Effective date—2011 1st sp.s. c 5: See note following RCW 41.26.030.
Effective date—2010 2nd sp.s. c 1: See note following RCW 38.52.105.
Intent—Conflict with federal requirements—Effective date—2010 1st sp.s. c 32: See notes following RCW 42.04.060.
Findings—2007 c 398: See note following RCW 28A.405.415.
Effective date—2005 c 131: See note following RCW 41.40.823.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Effective dates—1996 c 39: "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 shall take effect July 1, 1996, with the exception of section 23 of this act, which shall take effect immediately [March 13, 1996]." [ 1996 c 39 s 25.]
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Intent—1994 c 298: See note following RCW 41.40.010.
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
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—1990 c 274: "(1) The current system for calculating service credit for school district employees is difficult and costly to administer. By changing from the current hours per month calculation to an hours per year calculation, the accumulation of service credit by school district employees will be easier to understand and to administer.
(2) The current system for granting service credit for substitute teachers is difficult and costly to administer. By notifying substitute teachers of their eligibility for service credit and allowing the substitute teacher to apply for service credit, the accumulation of service credit by substitute teachers will be easier to understand and to administer.
(3) Currently, temporary employees in eligible positions in the public employees' retirement system are exempted from membership in the system for up to six months. If the position lasts for longer than six months the employee is made a member retroactively. This conditional exemption causes tracking problems for the department of retirement systems and places a heavy financial burden for back contributions on a temporary employee who crosses the six-month barrier. Under the provisions of this act all persons, other than retirees, who are hired in an eligible position will become members immediately, thereby alleviating the problems described in this section.
(4) The legislature finds that retirees from the plan 2 systems of the law enforcement officers' and firefighters' retirement system, the teachers' retirement system, and the public employees' retirement system, may not work for a nonfederal public employer without suffering a suspension of their retirement benefits. This fails to recognize the current and projected demographics indicating the decreasing workforce and that the expertise possessed by retired workers can provide a substantial benefit to the state. At the same time, the legislature recognizes that a person who is working full time should have his or her pension delayed until he or she enters full or partial retirement. By allowing plan 2 retirees to work in ineligible positions, the competing concerns listed above are both properly addressed." [ 1990 c 274 s 1.]
Intent—Reservation—1990 c 274 ss 2, 4: "(1) The 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 are intended by the legislature to effect administrative, rather than substantive, changes to the affected retirement plan. The legislature therefore reserves the right to revoke or amend the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450. No member is entitled to have his or her service credit calculated under the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 as a matter of contractual right.
(2) The department's retroactive application of the changes made in RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and August 31, 1990, is consistent with the legislative intent of the 1990 changes to RCW 41.32.010(27)(b)." [ 1994 c 177 s 10; 1990 c 274 s 18.]
Effective date—1990 c 274: "Sections 1 through 8 of this act shall take effect September 1, 1990." [ 1990 c 274 s 21.]
Construction—1990 c 274: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections." [ 1990 c 274 s 17.]
Purpose—Application—Retrospective application—1985 c 13:See notes following RCW 41.04.445.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Purpose—Severability—1981 c 256: See notes following RCW 41.26.030.
Effective date—Severability—1977 ex.s. c 293: See notes following RCW 41.32.755.
Emergency—1974 ex.s. c 199: "This 1974 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1974 ex.s. c 199 s 7.]
Severability—1974 ex.s. c 199: "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 199 s 8.]
Construction—1974 ex.s. c 199: "(1) Subsection (3) of section 4 of this 1974 amendatory act relating to elected and appointed officials shall be retroactive to January 1, 1973.
(2) Amendatory language contained in subsection (11) of section 1 relating to members as members of the legislature and in provisos (2) and (3) of section 2 of this 1974 amendatory act shall only apply to those members who are serving as a state senator, state representative or state superintendent of public instruction on or after the effective date of this 1974 amendatory act.
(3) Notwithstanding any other provision of this 1974 amendatory act, RCW 41.32.497 as last amended by section 2, chapter 189, Laws of 1973 1st ex. sess. shall be applicable to any member serving as a state senator, state representative or superintendent of public instruction on the effective date of this 1974 amendatory act." [ 1974 ex.s. c 199 s 5.]
Reviser's note: (1) "Subsection (3) of section 4 of this 1974 amendatory act" is codified as RCW 41.32.498(3).
(2) Sections 1 and 2 of 1974 ex.s. c 199 consist of amendments to RCW 41.32.010 and 41.32.260. For amendatory language, a portion of which was vetoed, see the 1973-1974 session laws.
(3) "this 1974 amendatory act" [1974 ex.s. c 199] is codified in RCW 41.32.010, 41.32.260, 41.32.497, 41.32.498, and 41.32.4945. The effective date of 1974 ex.s. c 199 is May 6,1974.
Effective date—1969 ex.s. c 176: The effective date of the amendments to this section and RCW 41.32.420 is April 25, 1969.
Effective date—1967 c 50: "This 1967 amendatory act shall take effect on July 1, 1967." [ 1967 c 50 s 12.]
Severability—1967 c 50: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1967 amendatory act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 50 s 13.]
Severability—1965 ex.s. c 81: "If any provision of this act is held to be invalid the remainder of this act shall not be affected." [ 1965 ex.s. c 81 s 9.]
Effective date—1965 ex.s. c 81: "The effective date of this act is July 1, 1965." [ 1965 ex.s. c 81 s 10.]
Savings—1963 ex.s. c 14: "The amendment of any section by this 1963 act shall not be construed as impairing any existing right acquired or any liability incurred by any member under the provisions of the section amended; nor shall it affect any vested right of any former member who reenters public school employment or becomes reinstated as a member subsequent to the effective date of such act." [ 1963 ex.s. c 14 s 23.]
Severability—1963 ex.s. c 14: "If any provision of this act is held to be invalid the remainder of the act shall not be affected." [ 1963 ex.s. c 14 s 24.]
Effective date—1963 ex.s. c 14: "The effective date of this act is July 1, 1964." [ 1963 ex.s. c 14 s 26.]

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 41.32.012

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 95. Formerly RCW 41.32.950.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.

license: public-domain-government-work

rule_set: Revised Code of Washington

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

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.32.013

text:
Substitute teachers may apply to the department to receive service credit or credit for earnable compensation or both after the end of the last day of instruction of the school year during which the service was performed.
(1) The application must:
(a) Include a list of the employers the substitute teacher has worked for;
(b) Include proof of hours worked and compensation earned; and
(c) Be made prior to retirement.
(2) If the department accepts the substitute teacher's application for service credit, the substitute teacher may obtain service credit by paying the required contribution to the retirement system. The employer must pay the required employer contribution upon notice from the department that the substitute teacher has made contributions under this section.
(3) The department shall charge interest prospectively on employee contributions that are submitted under this section more than six months after the end of the school year, as defined in *RCW 28A.150.040, for which the substitute teacher is seeking service credit. The interest rate charged to the employee shall take into account interest lost on employer contributions delayed for more than six months after the end of the school year.
(4) Each employer shall quarterly notify each substitute teacher it has employed during the school year of the number of hours worked by, and the compensation paid to, the substitute teacher.
(5) The department shall adopt rules implementing this section.
(6) If a substitute teacher as defined in **RCW 41.32.010(36)(b)(ii) applies to the department under this section for credit for earnable compensation earned from an employer the substitute teacher must make contributions for all periods of service for that employer.
[ 1992 c 212 s 16; 1991 c 343 s 4; 1990 c 274 s 5.]
Notes:
Reviser's note: *(1) RCW 28A.150.040 was repealed by 2009 c 548 s 710, effective September 1, 2011.
**(2) RCW 41.32.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (36)(b)(ii) to subsection (48)(b)(ii).
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.

catchline: Substitute teachers—Application for service credit—Procedures.


title: RCW 41.32.020

text:
The name of the retirement system provided for in this chapter shall be the "Washington State Teachers' Retirement System" and by this name all of its business shall be transacted and all of its funds invested and all of its cash, securities and other property held.
[ 1947 c 80 s 2; Rem. Supp. 1947 s 4995-21. Prior: 1937 c 221 s 2; Rem. Supp. 1941 s 4995-2.]

catchline: Name of system.


title: RCW 41.32.025

text:
The department is empowered within the limits of this chapter and, with regard to restoration of service credit under RCW 41.50.165(2), to decide on all questions of eligibility covering membership, service credit, and benefits.
[ 1994 c 197 s 13; 1991 c 35 s 35; 1955 c 274 s 3; 1947 c 80 s 16; Rem. Supp. 1947 s 4995-35. Prior: 1941 c 97 s 2, part; 1937 c 221 s 3, part; Rem. Supp. 1941 s 4995-3, part. Formerly RCW 41.32.160.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Department's power to determine eligibility.


title: RCW 41.32.032

text:
(1) Any teacher, as defined under RCW 41.32.010, who is first employed by a public school on or after June 7, 1984, shall become a member of the retirement system if otherwise eligible.
(2) Any person who before June 7, 1984, has established service credit under chapter 41.40 RCW while employed in an educational staff associate position and who is employed in such a position on or after June 7, 1984, has the following options:
(a) To remain a member of the public employees' retirement system notwithstanding the provisions of RCW 41.32.240 or 41.32.780; or
(b) To irrevocably elect to join the retirement system under this chapter and to receive service credit for previous periods of employment in any position included under RCW 41.32.010. This service credit and corresponding employee contribution shall be computed as though the person had then been a member of the retirement system under this chapter. All employee contributions credited to a member under chapter 41.40 RCW for service now to be credited to the retirement system under this chapter shall be transferred to the system and the member shall not receive any credit nor enjoy any rights under chapter 41.40 RCW for those periods of service. The member shall pay any difference between the employee contributions made under chapter 41.40 RCW and transferred under this subsection and what would have been required under this chapter, including interest as set by the director. The member shall be given until July 1, 1989, to make the irrevocable election permitted under this section. The election shall be made by submitting written notification as required by the department requesting credit under this section and by remitting any necessary proof of service or payments within the time set by the department.
Any person, not employed as an educational staff associate on June 7, 1984, may, before June 30 of the fifth school year after that person's return to employment as a teacher, request and establish membership and credit under this subsection.
[ 1995 c 239 s 103; 1992 c 212 s 17; 1991 c 35 s 39; 1984 c 256 s 2. Formerly RCW 41.32.242.]
Notes:
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.

catchline: Membership in system—Service credit of educational staff associates.


title: RCW 41.32.033

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 133. Prior: 2013 c 2 s 303 (Initiative Measure No. 1240, approved November 6, 2012).]
Notes:
Effective date—2016 c 241: See RCW 28A.710.901.

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


title: RCW 41.32.035

text:
The amount paid by each employer shall be computed by applying the rates established under chapter 41.45 RCW to the total earnable compensation of the employer's members as shown on the current payrolls of the employer. The employer's contribution shall be paid at the end of each month in the amount due for that month, except as provided in RCW 41.32.013.
[ 1990 c 274 s 8; 1989 c 273 s 18; 1984 c 236 s 3. Formerly RCW 41.32.403.]
Notes:
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1984 c 236: "This act shall take effect September 1, 1985. However, rules necessary for the implementation of this act may be promulgated by appropriate state agencies prior to the effective date." [ 1984 c 236 s 6.]
Severability—1984 c 236: "If any provision of this 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." [ 1984 c 236 s 5.]

catchline: Employer contribution rates—Computation and payment.


title: RCW 41.32.042

text:
The deductions from salaries of members of the retirement system for their contributions to the system are not considered diminution of pay and every member is conclusively presumed to consent thereto as a condition of employment. All contributions to the member reserve shall be credited to the individual for whose account the deductions from salary were made. Regular interest shall be credited to each member's account at least annually.
[ 1992 c 212 s 9; 1982 1st ex.s. c 52 s 13; 1947 c 80 s 46; Rem. Supp. 1947 s 4995-65. Prior: 1941 c 97 s 5, part; 1939 c 86 s 5, part; 1937 c 221 s 6, part; Rem. Supp. 1941 s 4995-6, part. Formerly RCW 41.32.460.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.

catchline: Validity of deductions—Interest.


title: RCW 41.32.044

text:
A retired teacher upon returning to service in the public schools of Washington may elect to again become a member of the retirement system: PROVIDED, That if such a retired teacher elects to be restored to membership he or she must establish two full years of service credit before he or she will be eligible to retire under the provision of a formula other than the one in effect at the time of his or her previous retirement: PROVIDED FURTHER, That where any such right to again retire is exercised to become effective before a member has established two full years of service credit he or she may elect to retire only under the provisions of the formula in effect at the time of his or her previous retirement: AND PROVIDED FURTHER, That this section shall not apply to any individual who has returned to service and is presently in service on *the effective date of this 1973 amendatory act.
[ 2012 c 117 s 56; 1973 2nd ex.s. c 32 s 5; 1947 c 80 s 58; Rem. Supp. 1947 s 4995-77. Formerly RCW 41.32.580.]
Notes:
*Reviser's note: "the effective date of this 1973 amendatory act," because of the emergency clause footnoted to RCW 41.32.310, is September 27, 1973, the date of approval by the governor.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following RCW 41.32.310.

catchline: Retired teacher may reenter system—Benefit limitations.


title: RCW 41.32.052

text:
(1) Subject to subsections (2), (3), and (4) of this section, the right of a person to a pension, an annuity, a retirement allowance, or disability allowance, to the return of contributions, any optional benefit or death benefit, any other right accrued or accruing to any person under the provisions of this chapter and the moneys in the various funds created by this chapter shall be unassignable, and 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.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly 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;
(b) Under a group health care benefit plan approved pursuant to RCW 28A.400.350 or 41.05.065 from authorizing monthly deductions therefrom, of the amount or amounts of subscription payments, premiums, or contributions to any person, firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment of dues and other membership fees to any retirement association composed of retired teachers and/or public employees pursuant to a written agreement between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be made in accordance with rules that may be adopted by the director.
(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 806; 2012 c 159 s 20. Prior: 1991 c 365 s 21; 1991 c 35 s 63; 1989 c 360 s 25; 1987 c 326 s 23; 1982 c 135 s 1; 1981 c 294 s 13; 1979 ex.s. c 205 s 5; 1971 c 63 s 1; 1961 c 132 s 5; 1947 c 80 s 59; Rem. Supp. 1947 s 4995-78; prior: 1937 c 22 s 9; 1917 c 163 s 19. Formerly RCW 41.32.590.]
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.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Effective date—1961 c 132: See note following RCW 41.32.240.

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


title: RCW 41.32.053

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 3; 2003 c 402 s 2.]

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


title: RCW 41.32.054

text:
A member shall not receive a disability retirement benefit under RCW 41.32.540, 41.32.550, 41.32.790, or 41.32.880 if the disability is the result of criminal conduct by the member committed after April 21, 1997.
[ 1997 c 103 s 2.]
Notes:
Severability—Effective date—1997 c 103: See notes following RCW 41.26.061.

catchline: Disability retirement—Criminal conduct.


title: RCW 41.32.055

text:
(1) Any person who shall knowingly make false statements or shall falsify or permit to be falsified any record or records of the retirement system, except under subsection (2) of this section, in any attempt to defraud such system as a result of such act, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Any person who shall knowingly make false statements or shall falsify or permit to be falsified any record or records of the retirement systems related to a member's separation from service and qualification for a retirement allowance under RCW 41.32.480 in any attempt to defraud that system as a result of such an act, is guilty of a gross misdemeanor.
[ 2007 c 50 s 2; 2003 c 53 s 218; 1947 c 80 s 67; Rem. Supp. 1947 s 4995-86. Prior: 1937 c 221 s 10. Formerly RCW 41.32.670.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Falsification—Penalty.


title: RCW 41.32.062

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 3. Formerly RCW 41.32.850.]

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


title: RCW 41.32.063

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 2.]

catchline: Benefit calculation—Limitation.


title: RCW 41.32.064

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 2.]

catchline: Establishing, restoring service credit.


title: RCW 41.32.0641

text:
Those members subject to this chapter who became disabled in the line of duty 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. Service credit shall not 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) 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.
[ 2007 c 49 s 2.]

catchline: Disabled in the line of duty—Continuation of service credit—Conditions.


title: RCW 41.32.065

text:
A member who has not purchased service credit under the provisions of RCW 41.32.813 or 41.32.868 may elect under this section to apply service credit earned in an out-of-state retirement system that covers teachers in public schools solely for the purpose of determining the time at which the member may retire. The benefit shall be actuarially reduced to recognize the difference between the age a member would have first been able to retire based on service in the state of Washington and the member's retirement age.
[ 2006 c 257 s 3; 1991 c 278 s 1.]
Notes:
Effective date—2006 c 257: See note following RCW 41.32.813.

catchline: Election to use out-of-state service credit to calculate time at which the member may retire.


title: RCW 41.32.066

text:
(1) A member eligible to retire under RCW 41.32.480, 41.32.765, or 41.32.875 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 2.]
Notes:
Effective date—2006 c 214: See note following RCW 41.40.034.

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


title: RCW 41.32.067

text:
A member may purchase additional benefits subject to the following:
(1) The member shall pay all reasonable administrative and clerical costs; and
(2) The member shall make a member reserve contribution to be actuarially converted to a monthly benefit at the time of retirement.
[ 1992 c 212 s 13; 1991 c 278 s 2.]

catchline: Purchase of additional benefits—Conditions.


title: RCW 41.32.215

text:
RCW 41.32.240 through * 41.32.575 shall apply only to members of plan 1.
[ 1992 c 72 s 5; 1991 c 35 s 103.]
Notes:
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 s 11.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Provisions applicable to plan 1.


title: RCW 41.32.240

text:
(1) All teachers employed full time in the public schools shall be members of the system except noncitizen teachers who have been granted a temporary permit to teach as exchange teachers.
(2) A minimum of ninety days or the equivalent of ninety days of employment during a fiscal year shall be required to establish membership. A teacher shall be considered as employed full time if serving regularly for four-fifths or more of a school day or if assigned to duties which are the equivalent of four-fifths or more of a full time assignment. A teacher who is employed for less than full time service may become a member by filing an application with the retirement system, submitting satisfactory proof of teaching service and making the necessary payment before June 30 of the school year immediately following the one during which the service was rendered.
(3) After June 30th of the school year immediately following the one during which the less than full-time service was rendered, the necessary payment may be made under RCW 41.50.165(2).
[ 2026 c 36 s 28; 1994 c 197 s 14; 1991 c 35 s 38; 1979 ex.s. c 45 s 3; 1965 ex.s. c 81 s 3; 1963 ex.s. c 14 s 4; 1961 c 132 s 1; 1955 c 274 s 7; 1947 c 80 s 24; Rem. Supp. 1947 s 4995-43. Prior: 1941 c 97 s 3, part; 1939 c 86 s 2, part; 1937 c 221 s 4, part; 1931 c 115 s 3, part; 1923 c 187 s 10, part; Rem. Supp. 1941 s 4995-4, part.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1979 ex.s. c 45: See note following RCW 41.26.040.
Severability—Effective date—1965 ex.s. c 81: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.
Effective date—1961 c 132: "The provisions of this act shall be effective July 1, 1961." [ 1961 c 132 s 8.]
Eligibility for retirement allowance: RCW 41.32.470.

catchline: Membership in system.


title: RCW 41.32.260

text:
Any member whose public school service is interrupted by active service to the United States as a member of its uniformed services, or to the state of Washington, as a member of the legislature, may upon becoming reemployed in the public schools, receive credit for that service upon presenting satisfactory proof, and contributing to the member reserve, either in a lump sum or installments, amounts determined by the director. Except that no military service credit in excess of five years shall be established or reestablished after July 1, 1961, unless the service was actually rendered during time of war. This section shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
(1) The surviving spouse or eligible child or children of a member who left the employ of an employer to enter the uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or eligible child or children:
(a) Provides to the director proof of the member's death while serving in the uniformed services;
(b) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death; and
(c) Pays the employee contributions required under chapter 41.45 RCW within five years of the date of death or prior to the distribution of any benefit, whichever comes first.
(2) A member who leaves the employ of an employer to enter the uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the uniformed services if:
(a) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the uniformed services;
(b) The member provides to the director proof of honorable discharge from the uniformed services; and
(c) The member pays the employee contributions required under chapter 41.45 RCW within five years of the director's determination of total disability or prior to the distribution of any benefit, whichever comes first.
[ 2005 c 64 s 6; 1992 c 212 s 8; 1991 c 35 s 40; 1974 ex.s. c 199 s 2; 1973 1st ex.s. c 189 s 1; 1971 ex.s. c 271 s 1; 1967 c 50 s 2; 1961 c 132 s 2; 1955 c 274 s 8; 1947 c 80 s 26; Rem. Supp. 1947 s 4995-45. Prior: 1941 c 97 s 4, part; 1939 c 86 s 4, part; 1937 c 221 s 1, part; Rem. Supp. 1941 s 4995-5, part.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 199: See notes following RCW 41.32.010.
Construction—1974 ex.s. c 199: See note following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW 41.32.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note following RCW 41.32.498.
Severability—1971 ex.s. c 271: "If any provision of this 1971 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." [ 1971 ex.s. c 271 s 17.]
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
Members' retirement contributions—Payment by employer: RCW 41.04.445.

catchline: Credit for military service or as state legislator.


title: RCW 41.32.263

text:
A member of the retirement system who is a member of the state legislature or a state official eligible for the combined pension and annuity provided by RCW 41.32.497, or 41.32.498, as now or hereafter amended shall have deductions taken from his or her salary in the amount of seven and one-half percent of earnable compensation and that service credit shall be established with the retirement system while such deductions are reported to the retirement system, unless he or she has by reason of his or her employment become a contributing member of another public retirement system in the state of Washington. Such elected official who has retired or otherwise terminated his or her public school service may then elect to terminate his or her membership in the retirement system and receive retirement benefits while continuing to serve as an elected official. A member of the retirement system who had previous service as an elected or appointed official, for which he or she did not contribute to the retirement system, may receive credit for such legislative service unless he or she has received credit for that service in another state retirement system, upon making contributions in such amounts as shall be determined by the board of trustees.
[ 1991 c 35 s 41.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: State legislators and state officials eligible for retirement benefits.


title: RCW 41.32.267

text:
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 41.32.240 through * 41.32.575.
(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.
[ 1993 c 95 s 5.]
Notes:
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 s 11.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.

catchline: Service credit for paid leave of absence—Application to elected officials of labor organizations.


title: RCW 41.32.270

text:
Service rendered for four-fifths or more of the official school year of the school district or institution in which a teacher is employed shall be credited as a year's service regardless of the length of the school term, but in no case shall more than one year of service be creditable for service rendered in one fiscal year. Service rendered for less than four-fifths of the official school year shall be credited for that portion of the school year for which it was rendered: PROVIDED, That no service of less than twenty days in any school year shall be creditable.
[ 1947 c 80 s 27; Rem. Supp. 1947 s 4995-46. Prior: 1941 c 97 s 4, part; 1939 c 86 s 4, part; 1937 c 221 s 5, part; Rem. Supp. 1941 s 4995-5, part.]

catchline: Teaching service, how credited.


title: RCW 41.32.300

text:
(1) Henceforth a total of not more than four years of service outside of the state shall be credited to a member who establishes or reestablishes credit for out-of-state public school employment in this state subsequent to July 1, 1961. Foreign public school teaching service shall be creditable as out-of-state service.
(2) No out-of-state service credit shall be established or reestablished subsequent to July 1, 1964, except that a member who has been granted official leave of absence by his or her employer may, upon return to public school service in this state, establish out-of-state membership service credit, within the limitations of this section and conditioned upon satisfactory proof and upon contributions to the member reserve, for public school service rendered in another state or in another country.
(3) No member who establishes out-of-state service credit after July 1, 1947, shall at retirement for pension payment purposes be allowed credit for out-of-state service in excess of the number of years credit which he or she shall have earned in the public schools of the state of Washington.
[ 1992 c 212 s 14; 1991 c 35 s 42; 1963 ex.s. c 14 s 5; 1961 c 132 s 7; 1955 c 274 s 11; 1947 c 80 s 30; Rem. Supp. 1947 s 4995-49.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.

catchline: Limitation on credit for out-of-state service.


title: RCW 41.32.310

text:
(1) Any member desiring to establish credit for services previously rendered, must present proof and make the necessary payments on or before June 30 of the fifth school year of membership. Payments covering all types of membership service credit must be made in a lump sum when due, or in annual installments. The first annual installment of at least twenty percent of the amount due must be paid before the above deadline date, and the final payment must be made by June 30th of the fourth school year following that in which the first installment was made. The amount of payment and the interest thereon, whether lump sum or installments, shall be made by a method and in an amount established by the department.
(2) A member who had the opportunity under chapter 41.32 RCW prior to July 1, 1969, to establish credit for active United States military service or credit for professional preparation and failed to do so shall be permitted to establish additional credit within the provisions of RCW 41.32.260 and 41.32.330. A member who was not permitted to establish credit pursuant to section 2, chapter 32, Laws of 1973 2nd ex. sess., for Washington teaching service previously rendered, must present proof and make the necessary payment to establish such credit as membership service credit. Payment for such credit must be made in a lump sum on or before June 30, 1974. Any member desiring to establish credit under the provisions of this subsection must present proof and make the necessary payment before June 30, 1974; or, if not employed on the effective date of this amendment, before June 30th of the fifth school year upon returning to public school employment in this state.
(3) After June 30th of the fifth school year of membership, any member desiring to establish credit for services previously rendered, must present proof and make the necessary payments under RCW 41.50.165(2) but prior to retirement.
[ 1994 c 197 s 15; 1992 c 72 s 6. Prior: 1991 c 35 s 43; 1974 ex.s. c 193 s 1; 1973 2nd ex.s. c 32 s 2; 1969 ex.s. c 150 s 9; 1965 ex.s. c 81 s 8; 1955 c 274 s 12; 1947 c 80 s 31; Rem. Supp. 1947 s 4995-50.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—1974 ex.s. c 193: "This amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1974 ex.s. c 193 s 10.]
Severability—1974 ex.s. c 193: "If any provision of this 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 193 s 9.]
Emergency—1973 2nd ex.s. c 32: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1973 2nd ex.s. c 32 s 7.]
Severability—1973 2nd ex.s. c 32: "If any provision of this 1973 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." [ 1973 2nd ex.s. c 32 s 6.]
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.

catchline: Time limit for claiming service credit—Payments.


title: RCW 41.32.330

text:
The department may allow credit for professional preparation to a member for attendance at institutions of higher learning, or for a scholarship or grant under an established foundation, subsequent to becoming a public school teacher; but not more than two years of such credit may be granted to any member.
[ 1991 c 35 s 44; 1969 ex.s. c 150 s 10; 1955 c 274 s 14; 1947 c 80 s 33; Rem. Supp. 1947 s 4995-52.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.

catchline: Credit for professional preparation subsequent to becoming teacher.


title: RCW 41.32.340

text:
Creditable service of a member at retirement shall consist of the membership service rendered for which credit has been allowed, and also, if a prior service certificate is in full force and effect, the amount of the service certified on the prior service certificate. No pension payments shall be made for service credits established or reestablished after July 1, 1955, if such credits entitle the member to retirement benefits from any other public state or local retirement system or fund. No pension payments shall be made for service credits established or reestablished after July 1, 1961, if such credits entitle the member to retirement benefits from a public federal retirement system or fund for services rendered under a civilian program: PROVIDED, That no pension payments shall be made for service credits established or reestablished after July 1, 1969, if credit for the same service is retained for benefits under any other retirement system or fund.
[ 1991 c 35 s 45; 1969 ex.s. c 150 s 11; 1961 c 132 s 3; 1955 c 274 s 15; 1947 c 80 s 34; Rem. Supp. 1947 s 4995-53. Prior: 1941 c 97 s 4, part; 1939 c 86 s 4, part; 1937 c 221 s 5, part; Rem. Supp. 1941 s 4995-5, part.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.

catchline: Creditable service, what to consist of.


title: RCW 41.32.345

text:
(1) Subject to the limitations contained in this section, for the purposes of RCW 41.32.010(14)(a)(iv), earnable compensation means the compensation the member would have received in the same position if employed on a regular full-time basis for the same contract period.
(2) In order to ensure that the benefit provided by this section is not used to unfairly inflate a member's retirement allowance, the department shall adopt rules having the force of law to govern the application of this section.
(3)(a) In adopting rules which apply to a member employed by a school district, the department may consult the district's salary schedule and related workload provisions, if any, adopted pursuant to RCW 28A.405.200. The rules may require that, in order to be eligible for this benefit, a member's position must either be included on the district's schedule, or the position must have duties, responsibilities, and method of pay which are similar to those found on the district's schedule.
(b) In adopting rules which apply to a member employed by a community college district, the department may consult the district's salary schedule and workload provisions contained in an agreement negotiated pursuant to chapter 28B.52 RCW, or similar documents. The rules may require that, in order to be eligible for this benefit, a member's position must either be included on the district's agreement, or the position must have duties, responsibilities, and method of pay which are similar to those found on the district's agreement. The maximum full-time workweek used in calculating the benefit for community college employees paid on an hourly rate shall in no case exceed fifteen credit hours, twenty classroom contact hours, or thirty-five assigned hours.
(4) If the legislature amends or revokes the benefit provided by this section, no affected employee who thereafter retires is entitled to receive the benefit as a matter of contractual right.
[ 2025 c 58 s 2019; 1992 c 212 s 18; 1990 c 33 s 570; 1987 c 265 s 2. Formerly RCW 41.32.011.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.

catchline: "Earnable compensation" defined for certain part-time employees—Adoption of rules.


title: RCW 41.32.350

text:
A member may make an additional lump sum payment at date of retirement, not to exceed the member's accumulated contributions, to purchase additional annuity. A contribution of six percent of earnable compensation is required from each member, except as provided under RCW 41.32.013.
[ 1991 c 35 s 46; 1990 c 274 s 7; 1973 1st ex.s. c 189 s 6; 1963 ex.s. c 14 s 7; 1955 c 274 s 16; 1947 c 80 s 35; Rem. Supp. 1947 s 4995-54. Prior: 1941 c 97 s 5, part; 1939 c 86 s 5, part; 1937 c 221 s 6, part; 1931 c 115 s 4, part; 1923 c 115 s 11, part; 1917 c 163 s 10, part; Rem. Supp. 1941 s 4995-6, part.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW 41.50.215.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.
Members' retirement contributions—Payment by employer: RCW 41.04.445.

catchline: Purchase of additional annuity—Member contribution rate.


title: RCW 41.32.380

text:
There shall be placed in the pension reserve all appropriations made by the legislature for the purpose of paying pensions and survivors' benefits and of establishing and maintaining an actuarial reserve and all gifts and bequests to the pension reserve, and contributions of persons entering the retirement system who have established prior service credit. Members establishing prior service credit shall contribute to the pension reserve as follows:
For the first ten years of prior service fifteen dollars per year;
For the second ten years of prior service thirty dollars per year;
For the third ten years of prior service forty-five dollars per year.
[ 1992 c 212 s 10; 1982 1st ex.s. c 52 s 8; 1947 c 80 s 38; Rem. Supp. 1947 s 4995-57.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.

catchline: Source of pension reserve—Contributions.


title: RCW 41.32.390

text:
At least twenty percent of the total amount due for prior service credit must be paid before an application for credit may be presented to the department for approval. The balance is not due until date of retirement and may be paid at that time without additional charge. Any unpaid installments at the time the member is retired for service or disability shall constitute a first, paramount, and prior lien against his or her retirement allowance.
[ 1991 c 35 s 49; 1955 c 274 s 18; 1947 c 80 s 39; Rem. Supp. 1947 s 4995-58. Prior: 1941 c 97 s 5, part; 1939 c 86 s 5, part; 1937 c 221 s 6, part; Rem. Supp. 1941 s 4995-6, part.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Contributions for prior service credits.


title: RCW 41.32.470

text:
A member who is not a dual member under RCW 41.54.010 must have established or reestablished with the retirement system at least five years of credit for public school service in this state to be entitled to a retirement allowance.
[ 1994 c 298 s 4; 1965 ex.s. c 81 s 4; 1963 ex.s. c 14 s 15; 1947 c 80 s 47; Rem. Supp. 1947 s 4995-66. Prior: 1941 c 97 s 7, part; 1939 c 86 s 7, part; 1937 c 221 s 8, part; 1931 c 115 s 7, part; 1923 c 187 s 17, part; Rem. Supp. 1941 s 4995-8, part.]
Notes:
Intent—1994 c 298: See note following RCW 41.40.010.
Severability—Effective date—1965 ex.s. c 81: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.

catchline: Eligibility for retirement allowance.


title: RCW 41.32.480

text:
(1) Any member who separates from service after having completed thirty years of creditable service may retire upon the approval by the department of an application for retirement filed on the prescribed form. Upon retirement the member shall receive a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided in RCW 41.32.497. Effective July 1, 1967, anyone then receiving a retirement allowance or a survivor retirement allowance under this chapter, based on thirty-five years of creditable service, and who has established more than thirty-five years of service credit with the retirement system, shall thereafter receive a retirement allowance based on the total years of service credit established.
(2) Any member who has attained age sixty years, but who has completed less than thirty years of creditable service, upon separation from service, may retire upon the approval by the department of an application for retirement filed on the prescribed form. Upon retirement the member shall receive a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided in RCW 41.32.497.
(3) Any member who has attained age fifty-five years and who has completed not less than twenty-five years of creditable service, upon separation from service, may retire upon the approval by the department of an application for retirement filed on the prescribed form. Upon retirement the member shall receive a retirement allowance which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided in RCW 41.32.497. An individual who has retired pursuant to this subsection, on or after July 1, 1969, shall not suffer an actuarial reduction in his or her retirement allowance, except as the allowance may be actuarially reduced pursuant to the options contained in RCW 41.32.530. The chapter 193, Laws of 1974 ex. sess. amendment to this section shall be retroactive to July 1, 1969.
[ 1997 c 254 s 4; 1991 c 35 s 53; 1974 ex.s. c 193 s 2; 1972 ex.s. c 147 s 1; 1970 ex.s. c 35 s 2; 1969 ex.s. c 150 s 14; 1967 c 151 s 1; 1955 c 274 s 21; 1947 c 80 s 48; Rem. Supp. 1947 s 4995-67. Prior: 1941 c 97 s 7, part; 1939 c 86 s 7, part; 1937 c 221 s 8, part; 1931 c 115 s 7, part; 1923 c 187 s 17, part; Rem. Supp. 1941 s 4995-8, part.]
Notes:
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following RCW 41.32.310.
Effective date—1972 ex.s. c 147: "The effective date of this 1972 amendatory act shall be July 1, 1972." [ 1972 ex.s. c 147 s 9.]
Severability—1972 ex.s. c 147: "If any provision of this 1972 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." [ 1972 ex.s. c 147 s 10.]
Effective date—1970 ex.s. c 35: "The provisions of sections 1 through 5 and 7 of this 1970 amendatory act shall take effect on July 1, 1970; the provisions of section 6 of this 1970 amendatory act shall be effective on the date chapter 223, Laws of 1969 ex. sess. becomes effective [July 1, 1970], at which time section 5 of this 1970 amendatory act shall be void and of no effect." [ 1970 ex.s. c 35 s 8.]
Severability—1970 ex.s. c 35: "If any provision of this 1970 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." [ 1970 ex.s. c 35 s 9.]
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Effective date—1967 c 151: "This act shall become effective on July 1, 1967." [ 1967 c 151 s 9.]
Severability—1967 c 151: "If any provision of this 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 shall not be affected." [ 1967 c 151 s 8.]

catchline: Qualifications for retirement.


title: RCW 41.32.483

text:
(1) Beginning July 1, 2009, the annual increase amount as defined in RCW 41.32.010(4) shall be increased by an amount equal to $0.40 per month per year of service minus the 2008 gain-sharing increase amount under *RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall not decrease the annual increase amount, and is not to exceed $0.20 per month per year of service. The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has the contractual right to receive this adjustment to the annual increase amount not granted prior to that time.
(2) The adjustment to the annual increase amount as set forth in section 5, chapter 491, Laws of 2007 was intended by the legislature as a replacement benefit for gain-sharing. If the repeal of **chapter 41.31 RCW is held to be invalid in a final determination of a court of law, and the court orders reinstatement of gain-sharing or other alternate benefits as a remedy, then this adjustment to the annual increase amount shall not be included in future annual increase amounts paid on or after the date of such reinstatement.
(3) No additional annual increase under this section shall be provided after June 30, 2011.
[ 2011 c 362 s 2; 2007 c 491 s 5.]
Notes:
Reviser's note: *(1) RCW 41.31.010 was repealed by 2007 c 491 s 13, effective January 2, 2008.
**(2) Chapter 41.31 RCW was repealed by 2007 c 491 s 13, effective January 2, 2008.
Finding—Intent—2011 c 362: "Chapter 561, Laws of 2009 made necessary changes to the funding plan for the fiscal integrity of the teachers' retirement system, plan 1 and the public employees' retirement system, plan 1, and provides a basis for improvements in the financial soundness of the pension plans. The legislature now finds that changing economic conditions have also made necessary the amendatory provisions contained in this act. Due to the current extraordinary economic recession and due to the financial demands of other core responsibilities of government, it is not feasible for public employers of this state to fund the annual increase amount and continue to ensure the fiscal integrity of these pension funds. The legislature further clarifies and affirms that the intent of the legislature in section 5, chapter 345, Laws of 1995 and this act is to not create any contractual rights to the annual increase amount on the part of the public employees' retirement system, plan 1 and the teachers' retirement system, plan 1 members or retirees. Having reserved the right to amend or repeal these provisions in RCW 41.32.489(6) and 41.40.197(5), the legislature is now exercising that right through this act." [ 2011 c 362 s 1.]
Effective date—2011 c 362: "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 June 30, 2011." [ 2011 c 362 s 10.]
Severability—Conflict with federal requirements—2007 c 491: See notes following RCW 41.32.765.

catchline: Annual increase amount—Legislature's rights reserved—No additional increases after June 30, 2011.


title: RCW 41.32.485

text:
(1) Notwithstanding any provision of law to the contrary, effective July 1, 1989, as a cost-of-living adjustment, no beneficiary receiving a retirement allowance pursuant to this chapter shall receive, as the pension portion of that retirement allowance, less than fourteen dollars and eighty-two cents per month for each year of service creditable to the person whose service is the basis of the pension. Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by fourteen dollars and eighty-two cents. Where the pension payable was adjusted at the time benefit payments to the beneficiary commenced, the minimum pension provided in this section shall be adjusted in a manner consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the retirement allowance of each beneficiary who either is receiving benefits pursuant to RCW 41.32.520 or 41.32.550 as of December 31, 1978, or commenced receiving a monthly retirement allowance under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a postretirement adjustment. This adjustment shall be in lieu of any adjustments provided under *RCW 41.32.499(6) as of July 1, 1979, or July 1, 1980, for the affected beneficiaries. Such adjustment shall be calculated as follows:
(a) Retirement allowances to which this subsection and subsection (1) of this section are both applicable shall be determined by first applying subsection (1) and then applying this subsection. The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those beneficiaries to whom this subsection applies;
(b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a postretirement increase factor which shall be applied as specified in (c) of this subsection;
(c) Each beneficiary to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service.
(3) The provisions of subsections (1) and (2) of this section shall not be applicable to those receiving benefits pursuant to RCW 41.32.540 or 41.32.760 through 41.32.825.
[ 1989 c 272 s 5; 1987 c 455 s 1; 1986 c 306 s 2; 1979 ex.s. c 96 s 2.]
Notes:
*Reviser's note: RCW 41.32.499 was repealed by 1995 c 345 s 11.
Purpose—1989 c 272: See note following RCW 41.32.005.
Effective date—1987 c 455: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 455 s 9.]
Effective date—1986 c 306: "This act shall take effect on July 1, 1986." [ 1986 c 306 s 5.]

catchline: Minimum retirement allowance—Cost-of-living adjustment—Postretirement adjustment—Computation.


title: RCW 41.32.4851

text:
(1) No one who becomes a beneficiary after June 30, 1995, shall receive a monthly retirement allowance of less than twenty-four dollars and twenty-two cents times the number of years of service creditable to the person whose service is the basis of such retirement allowance.
(2) If the retirement allowance payable was adjusted at the time benefit payments to the beneficiary commenced, the minimum allowance provided in this section shall be adjusted in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a temporary disability benefit under RCW 41.32.540 shall not be eligible for the benefit provided by this section.
(5) Beginning July 1, 2011, the minimum benefit set forth in subsection (1) of this section, prior to adjustments set forth in subsection (2) of this section, for a beneficiary with either (a) at least twenty years of service and who has been retired at least twenty-five years, or (b) at least twenty-five years of service and who has been retired at least twenty years, shall be one thousand five hundred dollars per month. On July 1, 2011, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent, rounded to the nearest cent.
[ 2011 c 362 s 4; 2006 c 244 s 1; 2004 c 85 s 1; 1995 c 345 s 3.]
Notes:
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Effective date—2006 c 244: "This act takes effect July 1, 2006." [ 2006 c 244 s 3.]
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.

catchline: Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.


title: RCW 41.32.4872

text:
(1) The amount of the July 1, 1993, increase to the retirement allowance of beneficiaries under this chapter as a result of the temporary adjustment authorized by section 2, chapter 519, Laws of 1993, shall be made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under RCW 41.32.485 who are at least age seventy-nine shall receive on July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject to subsection (1) of this section and not receiving a benefit under RCW 41.32.485 shall receive the following permanent adjustment to their retirement allowance on July 1, 1995:
(a) Those who are age seventy, thirty-nine cents per month per year of service;
(b) Those who are age seventy-one, seventy-nine cents per month per year of service; and
(c) Those who are at least age seventy-two, one dollar and eighteen cents per month per year of service.
[ 1995 c 345 s 4.]
Notes:
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.

catchline: Permanent increase for specified beneficiaries age seventy or over.


title: RCW 41.32.489

text:
(1) Beginning July 1, 1995, and annually thereafter through July 1, 2010, the retirement allowance of a person meeting the requirements of this section shall be increased by the annual increase amount.
(a) After July 1, 2010, those currently receiving benefits under this section will receive no additional annual increase amounts above the amount in effect on July 1, 2010, except for those who qualify under subsections (2)(b) and (3)(a) of this section. This subsection shall not reduce retirement allowances below the amounts in effect on June 30, 2011.
(b) After July 1, 2010, no annual increase amounts may be provided to any beneficiaries who are not already receiving benefits under this section, except for those who qualify under subsections (2)(b) and (3)(a) of this section.
(2) The following persons shall be eligible for the benefit provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year by July 1st in the calendar year in which the annual increase is given and has attained at least age sixty-six by December 31st in the calendar year in which the annual increase is given; or
(b) A beneficiary whose retirement allowance is lower than the minimum benefit provided under RCW 41.32.4851.
(3) The following persons shall also be eligible for the benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on June 30, 1995, under RCW 41.32.485; or
(b) A recipient of a survivor benefit on June 30, 1995, which has been increased by *RCW 41.32.575.
(4) If otherwise eligible, those receiving an annual adjustment under RCW 41.32.530(1)(d) shall be eligible for the annual increase adjustment in addition to the benefit that would have been received absent this section.
(5) Those receiving a temporary disability benefit under RCW 41.32.540 shall not be eligible for the benefit provided by this section.
(6) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not granted prior to that time.
[ 2011 c 362 s 3; 2007 c 89 s 2; 1995 c 345 s 2.]
Notes:
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 s 11.
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Effective date—2007 c 89: See note following RCW 41.40.197.
Intent—1995 c 345: "The intent of this act is to:
(1) Simplify the calculation of postretirement adjustments so that they can be more easily communicated to plan 1 active and retired members;
(2) Provide postretirement adjustments based on years of service rather than size of benefit;
(3) Provide postretirement adjustments at an earlier age;
(4) Provide postretirement adjustments to a larger segment of plan 1 retirees; and
(5) Simplify administration by reducing the number of plan 1 postretirement adjustments to one." [ 1995 c 345 s 1.]
Effective date—1995 c 345: "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 shall take effect immediately [May 12, 1995]." [ 1995 c 345 s 14.]

catchline: Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.


title: RCW 41.32.4931

text:
(1) The benefits provided under subsection (2) of this section shall be available only to former members who have reached age sixty-five or are disabled for further public school service and are not receiving federal old age, survivors or disability benefit payments (social security) and are not able to qualify for such benefits.
(2) Effective July 1, 1987, former members who receive the minimum retirement allowance provided by RCW 41.32.485(1) and who meet the requirements of subsection (1) of this section shall receive an additional special pension of ten dollars per month per year of service credit.
[ 1987 c 455 s 6; 1973 2nd ex.s. c 32 s 3; 1967 c 151 s 6.]
Notes:
Effective date—1987 c 455: See note following RCW 41.32.485.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following RCW 41.32.310.
Effective date—Severability—1967 c 151: See notes following RCW 41.32.480.

catchline: Additional special pension for former members not receiving social security.


title: RCW 41.32.4945

text:
Notwithstanding any other provision of RCW 41.32.010, 41.32.260, 41.32.497, 41.32.498 and this section, when the salary of any member as a member of the legislature is increased beyond the amount provided for in Initiative Measure No. 282 then earnable compensation for the purposes of this chapter shall be based solely on the sum of (1) the compensation actually received from the salary for the job from which such leave of absence may have been taken and (2) such member's salary as a legislator during the two highest compensated consecutive years.
[ 1991 c 35 s 54; 1974 ex.s. c 199 s 6.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—Construction—1974 ex.s. c 199: See notes following RCW 41.32.010.

catchline: Limitation as to earnable compensation of member as member of the legislature.


title: RCW 41.32.497

text:
Any person who became a member on or before April 25, 1973 and who qualifies for a retirement allowance shall, at time of retirement, make an irrevocable election to receive either the retirement allowance by RCW 41.32.498 as now or hereafter amended or to receive a retirement allowance pursuant to this section consisting of: (1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement, (2) A basic service pension of one hundred dollars per annum, and (3) A service pension which shall be equal to one one-hundredth of his or her average earnable compensation for his or her two highest compensated consecutive years of service times the total years of creditable service established with the retirement system: PROVIDED, That no beneficiary now receiving benefits or who receives benefits in the future, except those beneficiaries receiving reduced benefits pursuant to RCW 41.32.520(1)(a) or 41.32.530, shall receive a pension of less than six dollars and fifty cents per month for each year of creditable service established with the retirement system. Pension benefits payable under the provisions of this section shall be prorated on a monthly basis and paid at the end of each month.
[ 2012 c 117 s 57; 1990 c 249 s 12; 1974 ex.s. c 199 s 3; 1973 1st ex.s. c 189 s 2; 1970 ex.s. c 35 s 3; 1969 ex.s. c 150 s 15; 1963 ex.s. c 14 s 16.]
Notes:
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—Construction—1974 ex.s. c 199: See notes following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW 41.50.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note following RCW 41.32.498.
Effective date—Severability—1970 ex.s. c 35: See notes following RCW 41.32.480.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.

catchline: Retirement allowance for members entering system before April 25, 1973—Election.