title: RCW 41.04.017

text:
A one hundred fifty thousand dollar death benefit shall be paid as a sundry claim to the estate of an employee of any state agency, the common school system of the state, or institution of higher education who dies as a result of (1) injuries sustained in the course of employment; or (2) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter, and is not otherwise provided a death benefit through coverage under their enrolled retirement system under chapter 402, Laws of 2003. 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 director of the department of enterprise services by order under RCW 51.52.050.
[ 2015 c 225 s 51; 2007 c 487 s 1; 2003 c 402 s 4.]
Notes:

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


doc_type: statute

jurisdiction: wa

title: RCW 41.04.020

text:
Any employee or group of employees of the state of Washington or any of its political subdivisions, or of any institution supported, in whole or in part, by the state or any of its political subdivisions, may authorize the deduction from his or her salaries or wages and payment to another, the amount or amounts of his or her subscription payments or contributions to any person, firm, or corporation administering, furnishing, or providing (1) medical, surgical, and hospital care or either of them, or (2) life insurance or accident and health disability insurance, or (3) any individual retirement account selected by the employee or the employee's spouse established under applicable state or federal law: PROVIDED, That such authorization by said employee or group of employees, shall be first approved by the head of the department, division office or institution of the state or any political subdivision thereof, employing such person or group of persons, and filed with the department of enterprise services; or in the case of political subdivisions of the state of Washington, with the auditor of such political subdivision or the person authorized by law to draw warrants against the funds of said political subdivision.
[ 2011 1st sp.s. c 43 s 471; 1998 c 116 s 1; 1982 c 107 s 1; 1973 c 106 s 15; 1947 c 70 s 1; Rem. Supp. 1947 s 9963-10.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Group insurance
disability: Chapter 48.21 RCW.
for employees of
cities and towns: RCW 35.23.460.
counties: RCW 36.32.400.
life: Chapter 48.24 RCW.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Public employees—Payroll deductions authorized.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.04.030

text:
Upon being authorized by any employee or group of employees so to do under the provisions of RCW 41.04.020, the auditor or other person authorized to draw warrants against the funds involved is authorized, and if such medical, surgical, and hospital care or either of them, or life insurance or accident and health disability insurance is to be provided on a group basis for groups each of not less than twenty-five individuals such auditor or other person is hereby required, to draw and issue a proper warrant or warrants directly to and in favor of the person, firm, or corporation, or organization named in the authorization for the total amount authorized to be deducted from the payroll of any such office, department, division, or institution.
[ 1953 c 260 s 1; 1947 c 70 s 2; Rem. Supp. 1947 s 9963-11.]

catchline: Payroll deductions—Duty of auditing officer.


title: RCW 41.04.033

text:
The secretary of state is authorized to adopt rules, after consultation with state agencies, institutions of higher education, and employee organizations for the operation of the Washington state combined fund drive.
[ 2010 1st sp.s. c 7 s 9; 2010 c 101 s 1; 2003 c 205 s 1; 2002 c 61 s 4.]
Notes:
Reviser's note: This section was amended by 2010 c 101 s 1 and by 2010 1st sp.s. c 7 s 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Operation of the Washington state combined fund drive—Secretary of state—Rules.


title: RCW 41.04.0331

text:
To operate the Washington state combined fund drive program, the secretary of state or the secretary's designee may, but is not limited to the following:
(1) Raise money for charity, and reducing [reduce] the disruption to government caused by multiple fund drives;
(2) Establish criteria by which a public or private nonprofit organization may participate in the combined fund drive;
(3) Engage in or encouraging [encourage] fund-raising activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington state combined fund drive;
(4) Request the appointment of employees from state agencies and institutions of higher education to lead and manage workplace charitable giving campaigns within state government;
(5) Engage in educational activities, including classes, exhibits, seminars, workshops, and conferences, related to the basic purpose of the combined fund drive;
(6) Engage in appropriate fund-raising and advertising activities for the support of the administrative duties of the Washington state combined fund drive; and
(7) Charge an administrative fee to the beneficiaries of the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.
[ 2010 1st sp.s. c 7 s 10; 2010 c 101 s 2; 2003 c 205 s 2.]
Notes:
Reviser's note: This section was amended by 2010 c 101 s 2 and by 2010 1st sp.s. c 7 s 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: State combined fund drive program—Powers and duties of secretary of state.


title: RCW 41.04.0332

text:
The secretary of state may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.
[ 2010 1st sp.s. c 7 s 11; 2010 c 101 s 3; 2003 c 205 s 3.]
Notes:
Reviser's note: This section was amended by 2010 c 101 s 3 and by 2010 1st sp.s. c 7 s 11, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: State combined fund drive—Secretary of state—Contracts and partnerships.


title: RCW 41.04.035

text:
For the purpose of RCW 41.04.035 and 41.04.036 "United Fund" means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable and public health, welfare and service purposes, which is commonly known as the United Fund or the Washington state combined fund drive.
[ 2002 c 61 s 1; 1957 c 208 s 1.]

catchline: Salary and wage deductions for contributions to charitable agencies—"United Fund" defined—Includes Washington state combined fund drive.


title: RCW 41.04.036

text:
Any official of the state or of any of its political subdivisions authorized to disburse funds in payment of salaries or wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salary or wages of the officer or employee the amount of money designated by the officer or employee for payment to the United Fund or the Washington state combined fund drive.
The moneys so deducted shall be paid over promptly to the United Fund or the Washington state combined fund drive designated by the officer or employee. Subject to any rules adopted by the office of financial management, the official authorized to disburse the funds in payment of salaries or wages may prescribe any procedures necessary to carry out RCW 41.04.035 and 41.04.036.
[ 2002 c 61 s 2; 1983 1st ex.s. c 28 s 2; 1979 c 151 s 53; 1973 c 106 s 16; 1957 c 208 s 2.]
Notes:
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.

catchline: Salary and wage deductions for contributions to charitable agencies—Deduction and payment to United Fund or Washington state combined fund drive—Rules, procedures.


title: RCW 41.04.039

text:
The Washington state combined fund drive account is created in the custody of the state treasurer. All receipts from the combined fund drive must be deposited into the account. Expenditures from the account may be used only for the beneficiaries of the Washington state combined fund drive. Only the secretary of state or the secretary's designee may authorize expenditures from the account. The account is not subject to allotment procedures under chapter 43.88 RCW, and an appropriation is not required for expenditures.
[ 2010 c 101 s 4; 2002 c 61 s 3.]

catchline: Washington state combined fund drive account—Created.


title: RCW 41.04.045

text:
(1) As soon as available, a state agency shall provide the materials described in RCW 28B.77.009 in written or electronic form to:
(a) All employees annually;
(b) Newly hired employees within 30 days of the employee's first day of employment; and
(c) Separated employees upon separation.
(2) A state agency must certify employment for the purposes of the public service loan forgiveness program in accordance with the program established in RCW 43.41.425 beginning July 1, 2023.
(a) If a state agency does not directly certify employment with the United States department of education, the state agency must certify employment for any current or former employee who requests employment certification by providing a partially completed manual public student loan forgiveness form to the appropriate agency contact or by submitting a request to the appropriate agency contact through the federal public service loan forgiveness online help tool.
(b) A state agency must also send a notice to submit a public service loan forgiveness employment certification request to any current employee for whom the state agency has previously certified employment, one year after the last date employment was certified for that employee.
(c) A state agency shall not unreasonably delay in certifying employment.
(d) A state agency must seek permission from its employees prior to certifying their employment.
(e) Institutions of higher education must use the calculation established in RCW 41.04.055 and may apply it retroactively to determine whether a part-time academic employee is considered full time for the public service loan forgiveness program.
(f) A state agency may send the information necessary for public service loan forgiveness employment certification to the United States department of education, or its agents, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly, notwithstanding other provisions of law.
(g) The office of financial management is authorized to adopt rules for the purpose of this section.
(3) An employee of a state agency may opt out of the employment certification process established in RCW 43.41.425 at any time.
(4) For purposes of this section, the definitions in this subsection apply:
(a) "Certifying employment" means either completing the employer sections of the public service loan forgiveness form, completing the employer information requested through the federal public service loan forgiveness online help tool, or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form.
(b) "Full time" has the same meaning as set forth in 34 C.F.R. Sec. 685.219.
(c) "Public service employer" includes the following:
(i) Any governmental entity including state, county, city, or other local government entity including political subdivisions, such as office, department, independent agency, school district, public college or university system, public library system, authority, or other body including the legislature and the judiciary;
(ii) Any employer that has received designation as a tax-exempt organization pursuant to Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended;
(iii) Any other entities identified as a public service job in Title 20 U.S.C. Sec. 1087e(m).
(d) "Public service loan forgiveness program" means the federal loan forgiveness program established pursuant to Title 20 U.S.C. Sec. 1087e(m) and 34 C.F.R. Sec. 685.219.
(e) "State agency" or "agency" means departments, offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and educational service districts.
[ 2024 c 2 s 1; 2022 c 248 s 4.]
Notes:
Intent—Effective date—2022 c 248: See notes following RCW 28B.77.009.

catchline: Public service loan forgiveness program—Awareness materials—Employment certification.


title: RCW 41.04.055

text:
For the purpose of determining whether a part-time academic employee at an institution of higher education is considered full time for certifying employment for the public service loan forgiveness program, duties performed in support of, or in addition to, contractually assigned in-class teaching hours must be included. To calculate this, each hour of in-class teaching time must be multiplied by at least 3.35 hours. This section shall not supersede any calculation or adjustment established by a collective bargaining agreement or employer policy for additional work done outside of in-class teaching for any purposes other than certifying employment for the public service loan forgiveness program. An institution of higher education shall not treat any adjusted total hours worked differently from hours worked without an adjustment when determining whether an employee is full time. "Institution of higher education" has the same meaning as "institutions of higher education" in RCW 28B.10.016.
[ 2024 c 2 s 2; 2022 c 248 s 5.]
Notes:
Intent—Effective date—2022 c 248: See notes following RCW 28B.77.009.

catchline: Public service loan forgiveness program—Part-time academic employees.


title: RCW 41.04.110

text:
When there exists a joint operation of a public service, the authorities may make provision for membership of all new employees in one designated retirement system by agreement with the proper authorities.
[ 1951 c 98 s 5.]

catchline: Persons employed by more than one agency—Joint operation—May provide membership in single system.


title: RCW 41.04.120

text:
Any civil service employee of the state of Washington or of any political subdivision thereof who is on leave of absence by reason of having been elected or appointed to an elective office shall be preserved in his or her civil service status, his or her seniority, rank and retirement rights so long as he or she regularly continues to make the usual contribution incident to the retention of such beneficial rights as if he or she were not on leave of absence: PROVIDED, That such contributions being made shall be based on the rank at the time of taking such leave of absence.
[ 2012 c 117 s 5; 1957 c 164 s 1.]

catchline: Civil service and retirement rights preserved when elective office assumed.


title: RCW 41.04.130

text:
Any city of the first class may, by ordinance, extend, upon conditions deemed proper, the provisions of retirement and pension systems for superannuated and disabled officers and employees to officers and employees with five years of continuous service and acting in capacities in which they would otherwise not be entitled to participation in such systems: PROVIDED, That the following shall be specifically exempted from the provisions of this section.
(1) Members of the police departments who are entitled to the benefits of the police relief and pension fund as established by state law.
(2) Members of the fire department who are entitled to the benefits of the firefighters' relief and pension fund as established by state law.
[ 2013 c 23 s 68; 1945 c 52 s 1; 1941 c 192 s 1; Rem. Supp. 1945 s 9592-129. Formerly codified as RCW 41.28.250.]

catchline: Extension of provisions of retirement and pension systems by cities of the first class to nonincluded personnel.


title: RCW 41.04.140

text:
"State agency" means a board, department, commission or institution of the state or its political subdivisions.
[ 1959 c 102 s 1.]

catchline: Interchange of personnel between federal and state agencies—"State agency" defined.


title: RCW 41.04.150

text:
A state agency may enter into agreements with departments or other subdivisions of the federal government for the interchange of personnel on projects which are of mutual benefit to the state and federal government.
An interchange agreement shall specify the fiscal arrangements to be made, including compensations, rights, benefits and obligations of the employees concerned, travel and transportation of employees, their immediate families and household goods, and the duties and supervision of employees while on assignment.
[ 1959 c 102 s 2.]

catchline: Interchange of personnel between federal and state agencies—Agreements—Provisions.


title: RCW 41.04.160

text:
State agency employees participating in an interchange may be carried on detail or in a leave of absence status.
(1) Wherever practicable, employees should be carried on detail. While on detail under an interchange agreement, employees shall remain employees of the state agency for all fiscal purposes, but shall receive no reimbursement for travel or other expenses except as provided in RCW 41.04.150.
(2) State agency employees who receive temporary appointments with federal agencies shall be carried by the state agency in a leave of absence status. Participation in an interchange shall be considered as service under any retirement system of which the employees are members. Arrangements for payment of employees' contributions to a retirement system may be by the interchange agreement or otherwise. Employees participating in an interchange shall be entitled to credit the full period toward promotion or salary increase as provided by any applicable civil service laws or regulations.
[ 1959 c 102 s 3.]

catchline: Interchange of personnel between federal and state agencies—Employment status of state employees participating—Retirement—Civil service.


title: RCW 41.04.170

text:
Federal employees participating in an interchange may receive appointment by the state agency, or may be considered to be on detail with the state agency.
(1) Appointments of federal employees shall be made without regard to civil service laws or regulations. Compensation shall be in accordance with the usual rates paid by the state agency for similar positions.
An appropriate percentage of compensation shall be deducted and transmitted to the federal agency for retirement and insurance where the interchange agreement so provides.
(2) Federal employees on detail with a state agency remain employees of and shall continue to receive their compensation from the federal agency, subject to the terms of the interchange agreement.
[ 1959 c 102 s 4.]

catchline: Interchange of personnel between federal and state agencies—Employment status of federal employees participating—Retirement—Civil service.


title: RCW 41.04.180

text:
Any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body may, whenever funds shall be available for that purpose provide for all or a part of hospitalization and medical aid for its employees and their dependents through contracts with regularly constituted insurance carriers or with health care service contractors as defined in chapter 48.44 RCW or self-insurers as provided for in chapter 48.62 RCW, for group hospitalization and medical aid policies or plans: PROVIDED, That any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body shall provide the employees thereof a choice of policies or plans through contracts with not less than two regularly constituted insurance carriers or health care service contractors or other health care plans, including but not limited to, trusts of self-insurance as provided for in chapter 48.62 RCW: AND PROVIDED FURTHER, That any county may provide such hospitalization and medical aid to county elected officials and their dependents on the same basis as such hospitalization and medical aid is provided to other county employees and their dependents: PROVIDED FURTHER, That provision for school district personnel shall not be made under this section but shall be as provided for in RCW 28A.400.350.
[ 1991 sp.s. c 30 s 18; 1974 ex.s. c 82 s 1; 1973 1st ex.s. c 147 s 6; 1970 ex.s. c 39 s 10; 1969 ex.s. c 237 s 1; 1967 c 135 s 1; 1965 c 57 s 1; 1963 c 75 s 1.]
Notes:
Effective date, implementation, application—1991 sp.s. c 30: See RCW 48.62.900.
Effective date—Effect of veto—Savings—Severability—1973 1st ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
Effective date—1969 ex.s. c 237: "The effective date of this 1969 amendatory act shall be July 1, 1969: PROVIDED, That health benefit contracts awarded under the provisions of RCW 41.04.180 which expire after July 1, 1969 may be extended up to one year with the approval of the state employees' insurance and health care advisory committee as established under the provisions of section 8 of this act." [ 1969 ex.s. c 237 s 10.]
Retirement allowance deductions for health care benefit plans: RCW 41.04.235.
State health care authority: Chapter 41.05 RCW.

catchline: Hospitalization and medical aid for county, municipal and other political subdivision employees—Governmental contributions authorized.


title: RCW 41.04.190

text:
The cost of a policy or plan to a public agency or body is not additional compensation to the employees or elected officials covered thereby. The elected officials to whom this section applies include but are not limited to commissioners elected under chapters 28A.315, 52.14, 53.12, 54.12, 57.12, 70.44, and 87.03 RCW, as well as any county elected officials who are provided insurance coverage under RCW 41.04.180, and city officials elected under chapters 35.17, 35.22, 35.23, 35.27, 35A.12, and 35A.13 RCW. Any officer authorized to disburse such funds may pay in whole or in part to an insurance carrier or health care service contractor the amount of the premiums due under the contract.
[ 2007 c 42 s 1; 1996 c 230 s 1610; 1992 c 146 s 13; 1983 1st ex.s. c 37 s 1; 1965 c 57 s 2; 1963 c 75 s 2.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Action disqualifying legislators proscribed—Severability—1965 c 57: "No board of county commissioners shall take any action under this 1965 amendatory act which shall disqualify members of the present legislature, under Article II, section 13, of the Constitution, from being candidates for or being elected or appointed to county elected offices.
If any provision of the action of a board of county commissioners is held invalid under the preceding paragraph of this section, the remainder of the action or the application of the provision to other persons or circumstances shall not be affected." [ 1965 c 57 s 3.]

catchline: Hospitalization and medical aid for county, municipal and other political subdivision employees or elected officials—Cost not additional compensation—Disbursement.


title: RCW 41.04.205

text:
(1) Notwithstanding the provisions of RCW 41.04.180, the employees, with their dependents, of any county, municipality, or other political subdivision of this state shall be eligible to participate in any insurance or self-insurance program for employees administered under chapter 41.05 RCW if the legislative authority of any such county, municipality, or other political subdivisions of this state determines, subject to collective bargaining under applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should be made. In the event of a special district employee transfer pursuant to this section, members of the governing authority shall be eligible to be included in such transfer if such members are authorized by law as of June 25, 1976 to participate in the insurance program being transferred from and subject to payment by such members of all costs of insurance for members.
(2) When the legislative authority of a county, municipality, or other political subdivision determines to so transfer, the state health care authority shall:
(a) Establish the conditions for participation; and
(b) Have the sole right to reject the application, except a group application from a county or other political subdivision of the state with fewer than five thousand employees must be approved.
Approval of the application by the state health care authority shall effect a transfer of the employees involved to the insurance, self-insurance, or health care program applied for.
(3) Any application of this section to members of the law enforcement officers' and firefighters' retirement system under chapter 41.26 RCW is subject to chapter 41.56 RCW.
(4) Until December 31, 2019, school districts may voluntarily transfer to the public employees' benefits board, except that all eligible employees in a bargaining unit of a school district may transfer only as a unit and all nonrepresented employees in a district may transfer only as a unit.
[ 2018 c 260 s 21; 2016 c 67 s 1; 1995 1st sp.s. c 6 s 8; 1993 c 386 s 3; 1992 c 199 s 1; 1990 c 222 s 1; 1988 c 107 s 17; 1975-'76 2nd ex.s. c 106 s 1.]
Notes:
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Effective date—1993 c 386 ss 3, 7, and 11: "Sections 3, 7, and 11 of this act shall take effect October 1, 1993." [ 1993 c 386 s 17.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
PDF
RCW 41.04.205
Participation of county, municipal, and other political subdivision employees in state employees' insurance or self-insurance and health care program—Transfer procedure. (Effective June 30, 2029.)
(1) Notwithstanding the provisions of RCW 41.04.180, the employees, with their dependents, of any county, municipality, or other political subdivision of this state shall be eligible to participate in any insurance or self-insurance program for employees administered under chapter 41.05 RCW if the legislative authority of any such county, municipality, or other political subdivisions of this state determines, subject to collective bargaining under applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should be made. In the event of a special district employee transfer pursuant to this section, members of the governing authority shall be eligible to be included in such transfer if such members are authorized by law as of June 25, 1976 [,] to participate in the insurance program being transferred from and subject to payment by such members of all costs of insurance for members.
(2) When the legislative authority of a county, municipality, or other political subdivision determines to so transfer, the state health care authority shall:
(a) Establish the conditions for participation; and
(b) Have the sole right to reject the application, except a group application from a county or other political subdivision of the state with fewer than five thousand employees must be approved.
Approval of the application by the state health care authority shall effect a transfer of the employees involved to the insurance, self-insurance, or health care program applied for.
(3) Any application of this section to members of the law enforcement officers' and firefighters' retirement system under chapter 41.26 or 41.26A RCW is subject to chapter 41.56 RCW.
(4) Until December 31, 2019, school districts may voluntarily transfer to the public employees' benefits board, except that all eligible employees in a bargaining unit of a school district may transfer only as a unit and all nonrepresented employees in a district may transfer only as a unit.
[ 2026 c 261 s 409; 2018 c 260 s 21; 2016 c 67 s 1; 1995 1st sp.s. c 6 s 8; 1993 c 386 s 3; 1992 c 199 s 1; 1990 c 222 s 1; 1988 c 107 s 17; 1975-'76 2nd ex.s. c 106 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Effective date—1993 c 386 ss 3, 7, and 11: "Sections 3, 7, and 11 of this act shall take effect October 1, 1993." [ 1993 c 386 s 17.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.

catchline: Participation of county, municipal, and other political subdivision employees in state employees' insurance or self-insurance and health care program—Transfer procedure. (Effective until June 30, 2029.)


title: RCW 41.04.208

text:
(1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) " Disabled employee" means a person eligible to receive a disability retirement allowance from the Washington law enforcement officers' and firefighters' retirement system plan 2 and the public employees' retirement system.
(b) "Health plan" means a contract, policy, fund, trust, or other program established jointly or individually by a county, municipality, or other political subdivision of the state that provides for all or a part of hospitalization or medical aid for its employees and their dependents under RCW 41.04.180.
(c) "Retired employee" means a public employee meeting the retirement eligibility, years of service requirements, and other criteria of the Washington law enforcement officers' and firefighters' retirement system plan 2 and the public employees' retirement system.
(2) A county, municipality, or other political subdivision that provides a health plan for its employees shall permit retired and disabled employees and their dependents to continue participation in a plan subject to the exceptions, limitations, and conditions set forth in this section. However, this section does not apply to a county, municipality, or other political subdivision participating in an insurance program administered under chapter 41.05 RCW if retired and disabled employees and their dependents of the participating county, municipality, or other political subdivision are covered under an insurance program administered under chapter 41.05 RCW. Nothing in this subsection or chapter 319, Laws of 2002 precludes the local government employer from offering retired or disabled employees a health plan with a benefit structure, copayment, deductible, coinsurance, lifetime benefit maximum, and other plan features which differ from those offered through a health plan provided to active employees. Further, nothing in this subsection precludes a local government employer from joining with other public agency employers, including interjurisdictional benefit pools and multiemployer associations or consortiums, to fulfill its obligations under chapter 319, Laws of 2002.
(3) A county, municipality, or other political subdivision has full authority to require a person who requests continued participation in a health plan under subsection (2) of this section to pay the full cost of such participation, including any amounts necessary for administration. However, this subsection does not require an employer who is currently paying for all or part of a health plan for its retired and disabled employees to discontinue those payments.
(4) Payments for continued participation in a former employer's health plan may be assigned to the underwriter of the health plan from public pension benefits or may be paid to the former employer, as determined by the former employer, so that an underwriter of the health plan that is an insurance company, health care service contractor, or health maintenance organization is not required to accept individual payments from persons continuing participation in the employer's health plan.
(5) After an initial open enrollment period of ninety days after January 1, 2003, an employer may not be required to permit a person to continue participation in the health plan if the person is responsible for a lapse in coverage under the plan. In addition, an employer may not be required to permit a person to continue participation in the employer's health plan if the employer offered continued participation in a health plan that meets the requirements of chapter 319, Laws of 2002.
(6) If a person continuing participation in the former employer's health plan has medical coverage available through another employer, the medical coverage of the other employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer's health plan.
(7) If a person's continued participation in a health plan was permitted because of the person's relationship to a retired or disabled employee of the employer providing the health plan and the retired or disabled employee dies, then that person is permitted to continue participation in the health plan for a period of not more than six months after the death of the retired or disabled employee. However, the employer providing the health plan may permit continued participation beyond that time period.
(8) An employer may offer one or more health plans different from that provided for active employees and designed to meet the needs of persons requesting continued participation in the employer's health plan. An employer, in designing or offering continued participation in a health plan, may utilize terms or conditions necessary to administer the plan to the extent the terms and conditions do not conflict with this section.
(9) If an employer changes the underwriter of a health plan, the replaced underwriter has no further responsibility or obligation to persons who continued participation in a health plan of the replaced underwriter. However, the employer shall permit those persons to participate in any new health plan.
(10) The benefits granted under this section are not considered a matter of contractual right. Should the legislature, a county, municipality, or other political subdivision of the state revoke or change any benefits granted under this section, an affected person is not entitled to receive the benefits as a matter of contractual right.
(11) This section does not affect any health plan contained in a collective bargaining agreement in existence as of January 1, 2003. However, any plan contained in future collective bargaining agreements shall conform to this section. In addition, this section does not affect any health plan contract or policy in existence as of January 1, 2003. However, any renewal of the contract or policy shall conform to this section.
(12) Counties, municipalities, and other political subdivisions that make a documented good faith effort to comply with the provisions of subsections (2) through (11) of this section and are unable to provide access to a fully insured group health benefit plan are discharged from any obligations under subsections (2) through (11) of this section but shall assist disabled employees and retired employees in applying for health insurance. Assistance may include developing and distributing standardized information on the availability and cost of individual health benefit plans, application packages, and health benefit fairs.
(13) The office of the insurance commissioner shall make available to counties, municipalities, and other political subdivisions information regarding individual health benefit plans, including a list of carriers offering individual coverage, the rates charged, and how to apply for coverage.
[ 2004 c 173 s 1; 2002 c 319 s 2.]
Notes:
Effective date—2004 c 173: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [ 2004 c 173 s 3.]
Intent—2002 c 319: "It is the intent of this act to provide retirees of local government employers access to health care benefits. It is also the intent of this act that local government employers be allowed the flexibility to design programs to meet the health care needs of their retirees and that the local government employer be able to recover all costs associated with providing retirees access to health benefits." [ 2002 c 319 s 1.]

catchline: Local government retirees—Health care—Definitions—Participation—Exception.


title: RCW 41.04.212

text:
Employers providing access to health insurance coverage under chapter 319, Laws of 2002 may adopt criteria which specify allowable enrollment periods, require enrollees to keep current addresses and information, and outline other processes to ensure that plans can be administered efficiently and effectively.
[ 2002 c 319 s 3.]
Notes:
Intent—2002 c 319: See note following RCW 41.04.208.

catchline: Local government retirees—Health care—Administration.


title: RCW 41.04.220

text:
Any governmental entity other than state agencies , may use the services of the department of enterprise services upon the approval of the director , in procuring health benefit programs as provided by RCW 41.04.180, 28A.400.350 and 28B.10.660: PROVIDED, That the department of enterprise services may charge for the administrative cost incurred in the procuring of such services.
[ 2015 c 225 s 52; 1983 c 3 s 88; 1969 ex.s. c 237 s 7.]
Notes:
Effective date—1969 ex.s. c 237: See note following RCW 41.04.180.

catchline: Department of enterprise services to procure health benefit programs—Other governmental entities may use services.


title: RCW 41.04.230

text:
Any official of the state authorized to disburse funds in payment of salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of the following:
(1) Credit union deductions: PROVIDED, That twenty-five or more employees of a single state agency or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same credit union. An agency may, in its own discretion, establish a minimum participation requirement of fewer than twenty-five employees.
(2) Parking fee deductions: PROVIDED, That payment is made for parking facilities furnished by the agency or by the department of enterprise services. Deductions shall be pretax, to the extent possible, for qualified parking and transit benefits as allowed under the federal internal revenue code.
(3) U.S. savings bond deductions: PROVIDED, That a person within the particular agency shall be appointed to act as trustee. The trustee will receive all contributions; purchase and deliver all bond certificates; and keep such records and furnish such bond or security as will render full accountability for all bond contributions.
(4) Board, lodging or uniform deductions when such board, lodging and uniforms are furnished by the state, or deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.
(5) Dues and other fees deductions: PROVIDED, That the deduction is for payment of membership dues to any professional organization formed primarily for public employees or college and university professors: AND PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same professional organization.
(6) Labor, employee, or retiree organization dues, and voluntary employee contributions to any funds, committees, or subsidiary organizations maintained by labor, employee, or retiree organizations, may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of chapter 41.80 RCW: PROVIDED, That each labor, employee, or retiree organization chooses only one fund for voluntary employee contributions: PROVIDED, FURTHER, That twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor, employee, or retiree organization: PROVIDED, FURTHER, That labor, employee, or retiree organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs.
(7) Insurance contributions to the authority for payment of premiums under contracts authorized by the state health care authority. However, enrollment or assignment by the state health care authority to participate in a health care benefit plan, as required by RCW 41.05.065(8), shall authorize a payroll deduction of premium contributions without a written consent under the terms and conditions established by the public employees' benefits board.
(8) Deductions to a bank, savings bank, or savings and loan association if (a) the bank, savings bank, or savings and loan association is authorized to do business in this state; and (b) twenty-five or more employees of a single agency, or fewer, if a lesser number is established by such agency, or a total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same bank, savings bank, or savings and loan association.
Deductions from salaries and wages of public officers and employees other than those enumerated in this section or by other law, may be authorized by the director of financial management for purposes clearly related to state employment or goals and objectives of the agency and for plans authorized by the state health care authority.
(9) Contributions to the Washington state combined fund drive.
The authority to make deductions from the salaries and wages of public officers and employees as provided for in this section shall be in addition to such other authority as may be provided by law: PROVIDED, That the state or any department, division, or separate agency of the state shall not be liable to any insurance carrier or contractor for the failure to make or transmit any such deduction.
[ 2013 c 124 s 1; 2007 c 99 s 1; 2006 c 216 s 1; 2002 c 61 s 5; 1995 1st sp.s. c 6 s 21. Prior: 1993 c 2 s 26 (Initiative Measure No. 134, approved November 3, 1992); 1992 c 192 s 1; 1988 c 107 s 19; 1985 c 271 s 1; 1983 1st ex.s. c 28 s 3; 1980 c 120 s 1; 1979 c 151 s 54; 1973 1st ex.s. c 147 s 5; 1970 ex.s. c 39 s 11; 1969 c 59 s 5.]
Notes:
Effective date—2006 c 216: "This act takes effect January 1, 2007." [ 2006 c 216 s 2.]
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Short title—1993 c 2: See note following RCW 29B.40.010.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
Effective date—Effect of veto—Savings—Severability—1973 1st ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.

catchline: Payroll deductions authorized.


title: RCW 41.04.232

text:
In order to facilitate the transition from one payroll per month to two payrolls per month, the following guidelines concerning payroll deductions and deferrals are established:
(1) All mandatory and voluntary deductions which are based upon a percentage of salary shall be deducted, after August 23, 1983, from the salaries payable for each pay period. This subsection shall apply regardless of when the deductions were authorized or required.
(2) The office of financial management shall adopt reasonable procedures providing for deductions, including deferrals, which are not based on a percentage of salary.
(3) Amounts which are deducted in accordance with subsections (1) and (2) of this section shall be paid to the designated recipient no later than the established paydates except when other agreements are reached with the designated recipient.
(4) Payment of deductions and deferrals to the designated recipient shall be made by warrant or check except when the designated recipient requests payment by electronic funds transfer. If recipients request electronic funds transfers, sufficient time shall be made available to establish the process. The elapsed time to establish the process shall not exceed three months from the time the recipient has requested in writing to the appropriate data processing payroll systems manager to receive payment by electronic funds transfer.
Documentation and itemization of deductions or deferrals paid shall be in printed form unless the designated recipient requests computer tapes. If recipients request computer tapes, sufficient time shall be made available to establish the process. Computer tapes shall be made available to the requesting designated recipient if at least one hundred employees paid from an automated payroll system have such deductions. The elapsed time to establish the process for providing computer tapes shall not exceed three months from the time the recipient has requested in writing to the appropriate data processing payroll systems manager to receive computer tapes. With the approval of the office of financial management, more advanced technology may be utilized to provide payment, documentation, and itemization of deductions to designated recipients.
[ 1983 1st ex.s. c 28 s 4.]
Notes:
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.

catchline: Transition to two payrolls per month—Guidelines on deductions and deferrals.


title: RCW 41.04.233

text:
Any employee or retired employee of the state or its departments, agencies, or subdivisions and any employee or retired employee of a county, public or municipal corporation, school district, or tax supported institution may authorize the deduction from his or her salary or wages of the amount of his or her capitation payments to any health maintenance organization receiving a certificate of authority under this chapter. Upon the filing of an authorization with the auditor or fiscal officer of the employer, such auditor or fiscal officer shall make payments in favor of the health maintenance organizations referred to in the authorization for the amounts of the deductions authorized, *RCW 41.04.230(7) notwithstanding.
[ 2012 c 117 s 6; 1975 1st ex.s. c 290 s 20.]
Notes:
*Reviser's note: RCW 41.04.230 was amended by 1993 c 2 s 26 (Initiative Measure No. 134), and subsection (7) was deleted.

catchline: Payroll deductions for capitation payments to health maintenance organizations.


title: RCW 41.04.235

text:
Participants in a health care benefit plan approved pursuant to RCW 41.04.180, 41.05.065, or 28A.400.350, whichever is applicable, who are retired public employees, may authorize the deduction from their retirement allowances, of the amount or amounts of their subscription payments, premiums, or contributions to any person, firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance upon the approval by the retirement board of an application for such deduction on the prescribed form, and the treasurer of the state shall duly and timely draw and issue proper warrants directly to and in favor of the person, firm, or corporation, or organization named in the authorization for the amount authorized to be deducted.
[ 1993 c 386 s 4; 1983 c 3 s 89; 1975 1st ex.s. c 73 s 1.]
Notes:
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 ss 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.

catchline: Retirement allowance deductions for health care benefit plans.


title: RCW 41.04.240

text:
(1) Except with regard to institutions of higher education as defined in RCW 28B.10.016, any official of the state or of any political subdivision, municipal corporation, or quasi-municipal corporation authorized to disburse funds in payment of salaries and wages of employees is authorized upon written request of at least twenty-five employees to pay all or part of such salaries or wages to any financial institution for either: (a) Credit to the employees' accounts in such financial institution; or (b) immediate transfer therefrom to the employees' accounts in any other financial institutions.
(2) In disbursing funds for payment of salaries and wages of employees, institutions of higher education as defined in RCW 28B.10.016 are authorized to require the following payment methods:
(a) For employees who have an account in a financial institution, payment to any financial institution for either: (i) Credit to the employees' accounts in such financial institution; or (ii) immediate transfer therefrom to the employees' accounts in any other financial institutions; and
(b) For employees who do not have an account in a financial institution, payment by alternate methods such as payroll cards.
(3) Nothing in this section shall be construed as authorizing any employer to require the employees to have an account in any particular financial institution or type of financial institution. A single warrant may be drawn in favor of such financial institution, for the total amount due the employees involved, and written directions provided to such financial institution of the amount to be credited to the account of an employee or to be transferred to an account in another financial institution for such employee. The issuance and delivery by the disbursing officer of a warrant in accordance with the procedure set forth herein and proper indorsement thereof by the financial institution shall have the same legal effect as payment directly to the employee.
(4) Conservation districts as established and authorized under chapter 89.08 RCW are exempt from the requirement to obtain a written request of twenty-five employees as required in subsection (1) of this section, and may disburse funds in payment of salaries and wages of employees consistent with this chapter and RCW 89.08.215.
(5) For the purposes of this section "financial institution" means any bank or trust company established in this state pursuant to chapter 2, Title 12, United States Code, or *Title 30 RCW, and any credit union established in this state pursuant to chapter 14, Title 12, United States Code, or chapter 31.12 RCW, and any mutual savings bank established in this state pursuant to Title 32 RCW, and any savings and loan association established in this state pursuant to chapter 12, Title 12, United States Code, or Title 33 RCW.
[ 2013 c 164 s 1; 2012 c 230 s 3; 1977 ex.s. c 269 s 1; 1969 c 59 s 6.]
Notes:
*Reviser's note: Title 30 RCW was recodified and/or repealed pursuant to 2014 c 37, effective January 5, 2015.
Savings report—2012 c 230: See RCW 28B.10.0291.

catchline: Direct deposit of salaries into financial institutions—Alternate payment methods for employees of institutions of higher education—Conservation district exemption.


title: RCW 41.04.245

text:
Any official of any local political subdivision of the state, municipal corporation, or quasi-municipal corporation authorized to disburse funds in payment of salaries and wages of employees is authorized upon written request of any employee, to deduct all or part of such employee's salary or wages for payment to any bank, savings bank, credit union, or savings and loan association if (1) the bank, savings bank, credit union, or savings and loan association is authorized to do business in this state; and (2) twenty-five or more employees of a single local political subdivision, or fewer, if a lesser number is established by such local political subdivision, authorize such a deduction for payment to the same bank, savings bank, credit union, or savings and loan association.
[ 1992 c 192 s 2.]

catchline: Payroll deductions to a bank, savings bank, credit union, or savings and loan association.


title: RCW 41.04.270

text:
(1) Except as provided in chapter 2.10, 2.12, 41.26, 41.28, 41.32, 41.35, 41.37, 41.40, or 43.43 RCW, on and after March 19, 1976, any member or former member who (a) receives a retirement allowance earned by the former member as deferred compensation from any public retirement system authorized by the general laws of this state, or (b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses not to apply, or (c) is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a) and (b) of this subsection shall not apply to persons who have accumulated less than fifteen years service credit in any such system.
(2) Nothing in this section is intended to apply to any retirement system except those listed in RCW 41.50.030 and the city employee retirement systems for Seattle, Tacoma, and Spokane. Subsection (1)(b) of this section does not apply to a dual member as defined in RCW 41.54.010.
[ 2006 c 309 s 3; 2005 c 327 s 1; 2001 c 180 s 4; 1988 c 195 s 5; 1987 c 192 s 9; 1980 c 29 s 1; 1975-'76 2nd ex.s. c 105 s 1.]
Notes:
Effective date—2006 c 309: See note following RCW 41.37.005.
Effective date—1988 c 195: See RCW 41.54.901.
Effective dates—1987 c 192: See RCW 41.54.900.
Severability—1975-'76 2nd ex.s. c 105: "If any provision of this 1976 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." [1975-'76 2nd ex.s. c 105 s 28.]
PDF
RCW 41.04.270
Public retirement systems—Members or beneficiaries estopped from becoming a member or accruing rights in any other public retirement system—Exceptions. (Effective June 30, 2029.)
(1) Except as provided in chapter 2.10, 2.12, 41.26, 41.26A, 41.28, 41.32, 41.35, 41.37, 41.40, or 43.43 RCW, on and after March 19, 1976, any member or former member who (a) receives a retirement allowance earned by the former member as deferred compensation from any public retirement system authorized by the general laws of this state, or (b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses not to apply, or (c) is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a) and (b) of this subsection shall not apply to persons who have accumulated less than fifteen years service credit in any such system.
(2) Nothing in this section is intended to apply to any retirement system except those listed in RCW 41.50.030 and the city employee retirement systems for Seattle, Tacoma, and Spokane. Subsection (1)(b) of this section does not apply to a dual member as defined in RCW 41.54.010.
[ 2026 c 261 s 410; 2006 c 309 s 3; 2005 c 327 s 1; 2001 c 180 s 4; 1988 c 195 s 5; 1987 c 192 s 9; 1980 c 29 s 1; 1975-'76 2nd ex.s. c 105 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2006 c 309: See note following RCW 41.37.005.
Effective date—1988 c 195: See RCW 41.54.901.
Effective dates—1987 c 192: See RCW 41.54.900.
Severability—1975-'76 2nd ex.s. c 105: "If any provision of this 1976 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." [1975-'76 2nd ex.s. c 105 s 28.]

catchline: Public retirement systems—Members or beneficiaries estopped from becoming a member or accruing rights in any other public retirement system—Exceptions. (Effective until June 30, 2029.)


title: RCW 41.04.273

text:
(1) For purposes of this section, the following definitions shall apply:
(a) "Abuser" has the same meaning as provided in RCW 11.84.010.
(b) "Decedent" means any person who is entitled to benefits from the Washington state department of retirement systems by written designation or by operation of law:
(i) Whose life is taken by a slayer; or
(ii) Who is deceased and who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser, except as provided in RCW 11.84.170.
(c) "Slayer" means a slayer as defined in RCW 11.84.010.
(2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer or abuser of the decedent and the property shall be distributed as if the slayer or abuser had predeceased the decedent.
(3) A slayer or abuser is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the slayer or abuser because of the decedent's entitlement to benefits under one of the retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is alleged to be, a slayer or abuser. However, upon receipt of written notice that a beneficiary is a defendant in a civil lawsuit or probate proceeding that alleges the beneficiary is a slayer or abuser, or is charged with a crime that, if committed, means the beneficiary is a slayer or abuser, the department of retirement systems shall determine whether the beneficiary is a defendant in such a civil proceeding or has been formally charged in court with the crime, or both. If so, the department shall withhold payment of any benefits until:
(i) The case or charges, or both if both are pending, are dismissed;
(ii) The beneficiary is found not guilty in the criminal case or prevails in the civil proceeding, or both if both are pending; or
(iii) The beneficiary is convicted or is found to be a slayer or abuser in the civil proceeding.
(b) If the case or charges, or both if both are pending, are dismissed or if a beneficiary is found not guilty or prevails in the civil proceeding, or both if both are pending, the department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted or found to be a slayer or abuser in a civil proceeding, the department shall distribute the benefits according to subsection (2) of this section.
(5) Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil action arising under this section.
(6) In the absence of a criminal conviction, a superior court may determine:
(a) By a preponderance of the evidence whether a person participated in the willful and unlawful killing of the decedent;
(b) By clear, cogent, and convincing evidence whether a person participated in conduct constituting financial exploitation against the decedent, as provided in chapter 11.84 RCW.
(7) This section shall not subject the department of retirement systems to liability for payment made to a slayer or abuser or alleged slayer or abuser, prior to the department's receipt of written notice that the slayer or abuser has been convicted of, or the alleged slayer or abuser has been formally criminally or civilly charged in court with, the death or financial exploitation of the decedent. If the conviction or civil judgment of a slayer or abuser is reversed on appeal, the department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction or civil judgment is reversed.
[ 2009 c 525 s 19; 1998 c 292 s 501.]
Notes:
Application—1998 c 292: "Sections 501 through 505 of this act apply to acts that result in unlawful killings of decedents by slayers on and after April 2, 1998." [ 1998 c 292 s 506.]
Conflict with federal requirements—1998 c 292: "If any part of sections 501 through 505 of this act is found to be in conflict with federal requirements, the conflicting part of sections 501 through 505 of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination does not affect the operation of the remainder of sections 501 through 505 of this act. Rules adopted under sections 501 through 505 of this act must meet federal requirements." [ 1998 c 292 s 507.]
Effective dates—1998 c 292: See RCW 11.11.903.

catchline: Prohibition of retirement benefits passing to slayer or abuser beneficiary—Determination by department of retirement systems—Duties upon notice—Payment upon verdicts—Admissibility of evidence—Immunity.


title: RCW 41.04.276

text:
(1) The select committee on pension policy is created. The select committee consists of:
(a) Four members of the senate appointed by the president of the senate, two of whom are members of the majority party and two of whom are members of the minority party. At least three of the appointees shall be members of the senate ways and means committee;
(b) Four members of the house of representatives appointed by the speaker, two of whom are members of the majority party and two of whom are members of the minority party. At least three of the appointees shall be members of the house of representatives appropriations committee;
(c) Four active members or representatives from organizations of active members of the state retirement systems appointed by the governor for staggered three-year terms, with no more than two appointees representing any one employee retirement system;
(d) Two retired members or representatives of retired members' organizations of the state retirement systems appointed by the governor for staggered three-year terms, with no two members from the same system;
(e) Four employer representatives of members of the state retirement systems appointed by the governor for staggered three-year terms; and
(f) The directors of the department of retirement systems and office of financial management.
(2)(a) The term of office of each member of the house of representatives or senate serving on the committee runs from the close of the session in which he or she is appointed until the close of the next regular session held in an odd-numbered year. If a successor is not appointed during a session, the member's term continues until the member is reappointed or a successor is appointed. The term of office for a committee member who is a member of the house of representatives or the senate who does not continue as a member of the senate or house of representatives ceases upon the convening of the next session of the legislature during the odd-numbered year following the member's appointment, or upon the member's resignation, whichever is earlier. All vacancies of positions held by members of the legislature must be filled from the same political party and from the same house as the member whose seat was vacated.
(b) Following the terms of members and representatives appointed under subsection (1)(d) of this section, the retiree positions shall be rotated to ensure that each system has an opportunity to have a retiree representative on the committee.
(3) The committee shall elect a chairperson and a vice chairperson. The chairperson shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years and the vice chairperson shall be a member of the house of representatives in even-numbered years and a member of the senate in odd-numbered years.
(4) The committee shall establish an executive committee of six members, including the chairperson, the vice chairperson, one member from subsection (1)(c) of this section, one member from subsection (1)(d) of this section, one member from subsection (1)(e) of this section, and the director of the department of retirement systems.
(5) Nonlegislative members of the select committee serve without compensation, but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(6) The office of state actuary under chapter 44.44 RCW shall provide staff and technical support to the committee.
[ 2005 c 24 s 1; 2003 c 295 s 1.]

catchline: Select committee on pension policy—Creation—Membership—Terms of office—Staff support.


title: RCW 41.04.278

text:
(1) The select committee on pension policy may form three function-specific subcommittees, as set forth under subsection (2) of this section, from the members under RCW 41.04.276(1) (a) through (e), as follows:
(a) A public safety subcommittee with one member from each group under RCW 41.04.276(1) (a) through (e);
(b) An education subcommittee with one member from each group under RCW 41.04.276(1) (a) through (e); and
(c) A state and local government subcommittee, with one retiree member under RCW 41.04.276(1)(d) and two members from each group under RCW 41.04.276(1) (a) through (c) and (e).
The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.
(2)(a) The public safety subcommittee shall focus on pension issues affecting public safety employees who are members of the law enforcement officers' and firefighters', public safety employees', and Washington state patrol retirement systems.
(b) The education subcommittee shall focus on pension issues affecting educational employees who are members of the public employees', teachers', and school employees' retirement systems.
(c) The state and local government subcommittee shall focus on pension issues affecting state and local government employees who are members of the public employees' retirement system.
[ 2006 c 309 s 4; 2003 c 295 s 2.]
Notes:
Effective date—2006 c 309: See note following RCW 41.37.005.

catchline: Select committee on pension policy—Subcommittees.


title: RCW 41.04.281

text:
The select committee on pension policy has the following powers and duties:
(1) Study pension issues, develop pension policies for public employees in state retirement systems, and make recommendations to the legislature;
(2) Study the financial condition of the state pension systems, develop funding policies, and make recommendations to the legislature; and
(3) Receive the results of the actuarial audits of the actuarial valuations and experience studies administered by the pension funding council pursuant to RCW 41.45.110. The select committee on pension policy shall study and make recommendations on changes to assumptions or contribution rates to the pension funding council prior to adoption of changes under RCW 41.45.030, 41.45.035, or 41.45.060.
[ 2025 c 333 s 1; 2003 c 295 s 5.]

catchline: Select committee on pension policy—Powers and duties.


title: RCW 41.04.300

text:
Except as otherwise provided by law the payment of travel expenses by the state to any appointive official or employee of any commission, agency, or other body of the executive, judicial, or legislative branches of state government shall be in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 s 3.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Travel expenses of state officials and employees.


title: RCW 41.04.340

text:
(1) An attendance incentive program is established for all eligible employees. As used in this section the term "eligible employee" means any employee of the state, other than eligible employees of the community and technical colleges and the state board for community and technical colleges identified in RCW 28B.50.553, and teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained. No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month. The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.
(2) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.
From July 1, 2011, through June 29, 2013, the rate of monetary compensation for the purposes of this subsection shall not be reduced by any temporary salary reduction.
(3) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave. From July 1, 2011, through June 29, 2013, the rate of monetary compensation for the purposes of this subsection shall not be reduced by any temporary salary reduction.
(4) Remuneration or benefits received under this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.
(5) Except as provided in subsections (7) through (9) of this section for employees not covered by chapter 41.06 RCW, this section shall be administered, and rules shall be adopted to carry out its purposes, by the director of financial management for persons subject to chapter 41.06 RCW.
(6) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.
(7) In lieu of remuneration for unused sick leave at retirement as provided in subsection (3) of this section, an agency head or designee may with equivalent funds, provide eligible employees with a benefit plan that provides for reimbursement for medical expenses. This plan shall be implemented only after consultation with affected groups of employees. For eligible employees covered by chapter 41.06 RCW, procedures for the implementation of these plans shall be adopted by the director of the state health care authority. For eligible employees exempt from chapter 41.06 RCW, implementation procedures shall be adopted by an agency head having jurisdiction over the employees.
(8) Implementing procedures adopted by the director of the state health care authority or agency heads shall require that each medical expense plan authorized by subsection (7) of this section apply to all eligible employees in any one of the following groups: (a) Employees in an agency; (b) employees in a major organizational subdivision of an agency; (c) employees at a major operating location of an agency; (d) exempt employees under the jurisdiction of an elected or appointed Washington state executive; (e) employees of the Washington state senate; (f) employees of the Washington state house of representatives; (g) classified employees in a bargaining unit established by the public employment relations commission; or (h) other group of employees defined by an agency head that is not designed to provide an individual-employee choice regarding participation in a medical expense plan. However, medical expense plans for eligible employees in any of the groups under (a) through (h) of this subsection who are covered by a collective bargaining agreement shall be implemented only by written agreement with the bargaining unit's exclusive representative and a separate medical expense plan may be provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7) of this section must require as a condition of participation in the plan that employees in the group affected by the plan sign an agreement with the employer. The agreement must include a provision to hold the employer harmless should the United States government find that the employer or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the employer not withholding or deducting a tax, assessment, or other payment on the funds as required by federal law. The agreement must also include a provision that requires an eligible employee to forfeit remuneration under subsection (3) of this section if the employee belongs to a group that has been designated to participate in the medical expense plan permitted under this section and the employee refuses to execute the required agreement.
[ 2015 3rd sp.s. c 1 s 311. Prior: 2011 1st sp.s. c 43 s 432; 2011 1st sp.s. c 39 s 12; 2002 c 354 s 227; prior: 1998 c 254 s 1; 1998 c 116 s 2; 1997 c 232 s 2; 1993 c 281 s 17; 1991 c 249 s 1; 1990 c 162 s 1; 1980 c 182 s 1; 1979 ex.s. c 150 s 1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2011 1st sp.s. c 39: See note following RCW 41.04.820.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Conflict with federal requirements—1998 c 254 s 1: "If any part of RCW 41.04.340 (7) through (9) is found to be in conflict with federal tax laws or rulings or regulations of the federal internal revenue service, the conflicting part is inoperative solely to the extent of the conflict and such a finding shall not affect the remainder of section 1, chapter 254, Laws of 1998." [ 1998 c 254 s 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1980 c 182: "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." [ 1980 c 182 s 7.]

catchline: State employee attendance incentive program—Sick leave records to be kept—Remuneration or benefits for unused sick leave—Medical expense plan in lieu of remuneration.


title: RCW 41.04.350

text:
(1) Notwithstanding any other provisions of law, no employee of the state of Washington or any of its political subdivisions or any institution supported in total or in part by the state or any of its political subdivisions, other than employees covered by chapters 41.26 and 43.43 RCW, shall be compelled to retire solely on the basis of age prior to attaining seventy years of age.
(2) All compulsory retirement provisions relating to public employees, other than employees covered by chapters 41.26 and 43.43 RCW, may be waived for individuals attaining seventy years of age by the individual's employer.
[ 1979 ex.s. c 159 s 1.]
PDF
RCW 41.04.350
Mandatory retirement prior to seventy years of age prohibited—Exceptions—Waiver of mandatory retirement. (Effective June 30, 2029.)
(1) Notwithstanding any other provisions of law, no employee of the state of Washington or any of its political subdivisions or any institution supported in total or in part by the state or any of its political subdivisions, other than employees covered by chapters 41.26, 41.26A, and 43.43 RCW, shall be compelled to retire solely on the basis of age prior to attaining seventy years of age.
(2) All compulsory retirement provisions relating to public employees, other than employees covered by chapters 41.26, 41.26A, and 43.43 RCW, may be waived for individuals attaining seventy years of age by the individual's employer.
[ 2026 c 261 s 411; 1979 ex.s. c 159 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.

catchline: Mandatory retirement prior to seventy years of age prohibited—Exceptions—Waiver of mandatory retirement. (Effective until June 30, 2029.)


title: RCW 41.04.360

text:
In the case of a minister or other clergyperson employed as a religious coordinator in a state institution or agency, there is designated in the salary or wage paid to the person an amount up to forty percent of the gross salary as either of the following:
(1) The rental value of a home furnished to the person as part of the person's compensation; or
(2) The housing/rental allowance paid to the person as part of the person's compensation, to the extent used by the person to rent or provide a home.
[ 2019 c 107 s 1; 1982 c 190 s 1.]
Notes:
Appointment and duties of institutional chaplains: RCW 72.01.210 through 72.01.260.
Volunteer law enforcement chaplains: Chapter 41.22 RCW.

catchline: State-employed religious coordinator—Housing allowance.


title: RCW 41.04.362

text:
(1) Directors of state and local entities, in consultation with applicable state agencies and employee organizations, may develop and administer a voluntary state employee wellness program.
(2) A director may:
(a) Develop and implement state employee wellness policies, procedures, and activities;
(b) Disseminate wellness educational materials to agencies and employees;
(c) Encourage the establishment of wellness activities in agencies;
(d) Provide technical assistance and training to agencies conducting wellness activities for their employees;
(e) Develop standards by which agencies sponsoring specific wellness activities may impose a fee to participating employees to help defray the cost of those activities;
(f) Monitor and evaluate the effectiveness of this program, including the collection, analysis, and publication of relevant statistical information; and
(g) Perform other duties and responsibilities as necessary to carry out the purpose of this section.
(3) No wellness program or activity that involves or requires organized or systematic physical exercise may be implemented or conducted during normal working hours.
[ 2010 c 128 s 4; 1987 c 248 s 2.]
Notes:
Legislative findings—Purpose—1987 c 248: "The legislature finds that:
(1) Improved health among employees will result in a more productive workforce, better morale, reduced stress, lower injury rates and absenteeism, and improved recruitment and retention rates;
(2) A substantial amount of illness and injury in the workforce is preventable because it results from lifestyle decisions;
(3) Illness and injury among state employees can be reduced if employees engage in healthier lifestyles.
The state, as an employer, desires to foster a working environment that promotes the health and well-being of its employees. Therefore, it is the purpose of this act to establish a state employee wellness program. "Wellness program" means those policies, procedures, and activities that promote the health and well-being of state employees and that contribute to a healthful work environment." [ 1987 c 248 s 1.]

catchline: Employee wellness program.


title: RCW 41.04.370

text:
The legislature recognizes that supporting child care for employees of public and private organizations is a worthwhile pursuit. To further the goals of affordable, accessible, and quality child care for working parents, the legislature intends to provide for the development of self-supporting child care programs for employees of state government.
[ 1993 c 194 s 1; 1984 c 162 s 1.]

catchline: Child care—Legislative intent.


title: RCW 41.04.375

text:
An agency may identify space they wish to use for child care facilities or they may request assistance from the department of enterprise services in identifying the availability of suitable space in state-owned or state-leased buildings for use as child care centers for the children of state employees.
When suitable space is identified in state-owned or state-leased buildings, the department of enterprise services shall establish a rental rate for organizations to pay for the space used by persons who are not state employees.
[ 2015 c 225 s 53; 1993 c 194 s 2; 1984 c 162 s 2.]
Notes:

catchline: Child care—Rental of suitable space.


title: RCW 41.04.380

text:
When suitable space is determined to be available, either agencies or organizations of state employees may contract with one or more providers to operate child care facilities.
Subject to the approval of the director of financial management, suitable space for child care centers may be provided to organizations of state employees without charge or at reduced charge for rent or services solely for the purpose of reducing employee child care costs.
[ 1993 c 194 s 3; 1984 c 162 s 3.]

catchline: Child care—Contracts—Provision of suitable space at reduced cost authorized.


title: RCW 41.04.382

text:
In order to qualify for services under RCW 41.04.380, state employee child care organizations shall be organized as nonprofit under chapter 24.03A RCW.
[ 2021 c 176 s 5218; 1993 c 194 s 4.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Child care organizations—Qualifications for services.


title: RCW 41.04.385

text:
The legislature finds that (1) demographic, economic, and social trends underlie a critical and increasing demand for child care in the state of Washington; (2) working parents and their children benefit when the employees' child care needs have been resolved; (3) the state of Washington should serve as a model employer by creating a supportive atmosphere, to the extent feasible, in which its employees may meet their child care needs; and (4) the state of Washington should encourage the development of partnerships between state agencies, state employees, state employee labor organizations, and private employers to expand the availability of affordable quality child care. The legislature finds further that resolving employee child care concerns not only benefits the employees and their children, but may benefit the employer by reducing absenteeism, increasing employee productivity, improving morale, and enhancing the employer's position in recruiting and retaining employees. Therefore, the legislature declares that it is the policy of the state of Washington to assist state employees by creating a supportive atmosphere in which they may meet their child care needs. Policies and procedures for state agencies to address employee child care needs will be the responsibility of the director of enterprise services in consultation with the secretary of the department of children, youth, and families and state employee representatives.
[ 2018 c 58 s 21; 2011 1st sp.s. c 43 s 433; 2006 c 265 s 201; 2005 c 490 s 9; 2002 c 354 s 236; 1993 c 194 s 5; 1986 c 135 s 1.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2006 c 265: See RCW 43.216.902.
Effective date—2005 c 490: See note following RCW 43.216.705.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.

catchline: Child care—Legislative findings—State policy—Responsibilities of director of enterprise services.


title: RCW 41.04.390

text:
(1) The legislature finds that flexible-time work schedules, which provide varying times for employees to arrive at and depart from work, tend to alleviate traffic congestion during peak rush hour periods and thereby reduce hazardous traffic conditions; provide more efficient use of highways and other transit facilities; and decrease fuel consumption. In addition, the legislature finds that flexible-time work schedules provide families in which both parents work outside of the home with the flexibility necessary to provide for day care; provide employees with flexibility allowing them to spend more time with their families; improve employee morale and, in-so-doing, improve productivity. Therefore, due to the clear advantages to both agencies and employees, the legislature finds that flexible-time work schedules should be utilized by agencies to the maximum extent possible.
(2) As used in this section, "flexible-time work schedule" means a daily work schedule which contains a core time of required hours during which an employee subject to the schedule is required to be present for work and designated hours before or after the core time during which an employee, with the approval of his or her agency, may elect a time of arrival to work and departure from work.
(3) Each agency shall prepare a flexible-time work schedule or schedules and shall offer the schedule or schedules to employees as an option to the traditional eight o'clock a.m. to five o'clock p.m. working day. However, an agency shall not be required to prepare or offer a flexible-time work schedule or schedules if the agency head determines that the implementation of such a schedule would serve as an impediment to the provision of services to the public or would in any other way impede the agency in accomplishing its mission.
(4) Any employee wishing to use a flexible-time work schedule prepared under subsection (3) of this section must first obtain the permission of the agency head or the agency head's designee. However, if there is an employee organization certified as an exclusive bargaining representative for a bargaining unit affected by the flexible-time work schedule, the agency shall first negotiate with the certified employee organization.
(5) Nothing in this section affects official hours during which state offices are required to be open for the transaction of business, as prescribed in RCW 42.04.060.
[ 1985 c 411 s 1.]

catchline: Flexible-time work schedules.


title: RCW 41.04.393

text:
Retirement benefits paid under chapter 41.26, 41.37, 41.40, or 43.43 RCW to beneficiaries of public safety officers who die in the line of duty shall be paid in accordance with Title 26 U.S.C. Sec. 101(h) as amended by the Fallen Hero Survivor Benefit Fairness Act of 2001.
[ 2006 c 309 s 5; 2003 c 32 s 1.]
Notes:
Effective date—2006 c 309: See note following RCW 41.37.005.
PDF
RCW 41.04.393
Public safety officers—Retirement benefits—Death in the line of duty. (Effective June 30, 2029.)
Retirement benefits paid under chapter 41.26, 41.26A, 41.37, 41.40, or 43.43 RCW to beneficiaries of public safety officers who die in the line of duty shall be paid in accordance with Title 26 U.S.C. Sec. 101(h) as amended by the Fallen Hero Survivor Benefit Fairness Act of 2001.
[ 2026 c 261 s 412; 2006 c 309 s 5; 2003 c 32 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2006 c 309: See note following RCW 41.37.005.

catchline: Public safety officers—Retirement benefits—Death in the line of duty. (Effective until June 30, 2029.)


title: RCW 41.04.400

text:
It is the purpose of RCW 41.04.405 through 41.04.430 to govern the retirement rights of persons whose employment status is altered when: (1) Two or more units of local government of this state, at least one of which is a first-class city with its own retirement system, enter into an agreement for the consolidated performance of a governmental service, activity, or undertaking; (2) the service, activity, or undertaking is to be performed either by one of the participating local governmental units or by a newly established separate legal entity; and (3) the employees of the participating local governmental units are not all members of the same Washington public retirement system.
RCW 41.04.405 through 41.04.430 are not intended to and do not govern retirement rights of any members of the retirement systems established by chapter 41.16, 41.18, 41.20, or 41.26 RCW, or of employees described in RCW 35.58.265, 35.58.390, or 70.08.070. To the extent there is any conflict between RCW 41.04.405 through 41.04.430 and RCW 41.04.110, the provisions of RCW 41.04.405 through 41.04.430 shall govern.
[ 1984 c 184 s 22.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.
PDF
RCW 41.04.400
Consolidation of local governmental unit and first-class city retirement system—Intent. (Effective June 30, 2029.)
It is the purpose of RCW 41.04.405 through 41.04.430 to govern the retirement rights of persons whose employment status is altered when: (1) Two or more units of local government of this state, at least one of which is a first-class city with its own retirement system, enter into an agreement for the consolidated performance of a governmental service, activity, or undertaking; (2) the service, activity, or undertaking is to be performed either by one of the participating local governmental units or by a newly established separate legal entity; and (3) the employees of the participating local governmental units are not all members of the same Washington public retirement system.
RCW 41.04.405 through 41.04.430 are not intended to and do not govern retirement rights of any members of the retirement systems established by chapter 41.16, 41.18, 41.20, 41.26, or 41.26A RCW, or of employees described in RCW 35.58.265, 35.58.390, or 70.08.070. To the extent there is any conflict between RCW 41.04.405 through 41.04.430 and RCW 41.04.110, the provisions of RCW 41.04.405 through 41.04.430 shall govern.
[ 2026 c 261 s 413; 1984 c 184 s 22.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Intent. (Effective until June 30, 2029.)


title: RCW 41.04.405

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.04.400 through 41.04.430.
(1) "Legal entity" means any political subdivision or municipal corporation of the state, including but not limited to public agencies created under RCW 35.63.070, 36.70.060, or 39.34.030.
(2) "Consolidated employer" means the legal entity assigned by agreement to perform a governmental service, activity, or undertaking for two or more units of local government of the state, at least one of which is a first-class city with its own retirement system.
(3) "Existing employee" means a person who both (a) becomes employed by the consolidated employer within one year after the consolidation and (b) was employed by one of the combining legal entities at the time of the consolidation.
(4) "New employee" means an employee of the consolidated employer who is not an existing employee.
(5) "Active member" means a member of a retirement system who was making contributions to that retirement system at the time of the consolidation.
[ 1984 c 184 s 23.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Definitions.


title: RCW 41.04.410

text:
If a consolidated employer is a participating member in the public employees' retirement system under chapter 41.40 RCW prior to the consolidation or in the public safety employees' retirement system under chapter 41.37 RCW prior to the consolidation:
(1) All existing employees of the consolidated employer who are active members of the public employees' or public safety employees' retirement system immediately prior to the consolidation shall continue to be members of that retirement system while employed by the consolidated employer.
(2) All existing employees of the consolidated employer who are active members of a first-class city retirement system under chapter 41.28 RCW immediately prior to the consolidation shall cease to be members of that system at the time of the consolidation and, if eligible, shall immediately become members of the public employees' or public safety employees' retirement system. However, any such active member may, by a writing filed with the consolidated employer within thirty days after the consolidation or within thirty days after March 15, 1984, whichever is later, irrevocably elect instead to continue to be a member of the first-class city retirement system, thereby forever waiving any rights under the public employees' or public safety employees' retirement system based upon employment with the consolidated employer.
(3) Only prospective periods of qualifying service under the public employees' or public safety employees' retirement system may be established under this section.
[ 2007 c 492 s 2; 1984 c 184 s 24.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Membership in public employees' or public safety employees' retirement system.


title: RCW 41.04.415

text:
If a consolidated employer is a city operating a first-class city retirement system under chapter 41.28 RCW prior to the consolidation:
(1) All existing employees of the consolidated employer who are active members of the first-class city retirement system immediately prior to the consolidation shall continue to be members of that retirement system while employed by the consolidated employer.
(2) All existing employees of the consolidated employer who are active members of the public employees' retirement system under chapter 41.40 RCW immediately prior to the consolidation shall cease to be members of that system at the time of the consolidation and, if eligible, shall immediately become members of the first-class city retirement system. However, any such active member may, by a writing filed with the consolidated employer within thirty days after the consolidation or within thirty days after March 15, 1984, whichever is later, irrevocably elect instead to continue to be a member of the public employees' retirement system, thereby forever waiving any rights under the first-class city retirement system based upon such employment with the consolidated employer.
(3) Only prospective periods of qualifying service under the first-class city retirement system may be established under this section.
[ 1984 c 184 s 25.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Membership in first-class city retirement system.


title: RCW 41.04.420

text:
If a consolidated employer is a newly created legal entity and does not immediately join the public employees' retirement system pursuant to RCW 41.40.062:
(1) All existing employees of the consolidated employer who are active members of a first-class city retirement system or the public employees' retirement system immediately prior to the consolidation shall cease to be members of these systems. However, any such active members may, by a writing filed with the consolidated employer within thirty days after the consolidation or within thirty days after March 15, 1984, whichever is later, irrevocably elect instead to continue as members of the retirement system to which they belonged at the time of the consolidation for all periods of employment with the consolidated employer.
(2) If the consolidated employer later joins the public employees' retirement system, all existing employees still employed on that date shall, effective from that date, have the same retirement system rights and options, subject to the same conditions as employees governed by RCW 41.04.410, notwithstanding any previous election under subsection (1) of this section.
(3) No new employees of the consolidated employer may become members of an employer-sponsored retirement system until such time as the employer joins the public employees' retirement system pursuant to RCW 41.40.062.
[ 1984 c 184 s 26.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Newly created legal entity.


title: RCW 41.04.425

text:
Notwithstanding any provision of RCW 41.04.410, 41.04.415, or 41.04.420:
(1) No person may simultaneously accrue any contractual rights whatsoever in more than one Washington public retirement system as a consequence of employment by a consolidated employer.
(2) No person who makes a written election permitted by RCW 41.04.410, 41.04.415, or 41.04.420 may receive a retirement allowance from such retirement system under any circumstances while employed or reemployed by the consolidated employer.
(3) No person may accrue any benefits or rights under any Washington public retirement system as a result of RCW 41.04.410, 41.04.415, or 41.04.420 except such rights of continuing membership that are specifically and explicitly granted by RCW 41.04.410, 41.04.415, or 41.04.420.
(4) Nothing in RCW 41.04.400 through 41.04.425 is intended to constitute an amendment or waiver of any law or rule of any Washington public retirement system, including but not limited to those governing eligibility for service credit, benefits, or membership, except to broaden the class of legal entities that are deemed to be participating employers in the retirement systems in the specific circumstances stated in RCW 41.04.410, 41.04.415, and 41.04.420.
[ 1984 c 184 s 27.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Limitations.