title: RCW 41.40.127

text:
(1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or plan 2 employed as a district court judge or municipal court judge may make a one-time irrevocable election, filed in writing with the member's employer and the department, to accrue an additional benefit equal to one and one-half percent of average final compensation for each year of future service credit from the date of the election.
(2) A member who made the election under subsection (1) of this section may apply, at the time of filing a written application for retirement with the department, to the department to increase the member's benefit multiplier by one and one-half percent per year of service for the period in which the member served as a judge prior to the election. The member may purchase, beginning with the most recent judicial service, the higher benefit multiplier for that portion of the member's prior judicial service for which the higher benefit multiplier was not previously purchased, and that would ensure that the member has no more than a seventy-five percent of average final compensation benefit. The member shall pay five percent of the salary earned for each month of service for which the higher benefit multiplier is being purchased, plus five and one-half percent interest applied from the dates that the service was earned. The purchase price shall not exceed the actuarially equivalent value of the increase in the member's benefit resulting from the increase in the benefit multiplier. This payment must be made prior to retirement, subject to rules adopted by the department.
(3) From January 1, 2009, through June 30, 2009, the following members may apply to the department to increase their benefit multiplier by an additional one and one-half percent per year of service for the period in which they served as a justice or judge:
(a) Active members of plan 1 or plan 2 who are not currently employed as a district court judge or municipal court judge, and who have past service as a district court judge or municipal court judge; and
(b) Inactive vested members of plan 1 or plan 2 who have separated, have not yet retired, and who have past service as a district court judge or municipal court judge.
A member eligible under this subsection may purchase the higher benefit multiplier for all or part of the member's prior judicial service beginning with the most recent judicial service. The member shall pay, for the applicable period of service, the actuarially equivalent value of the increase in the member's benefit resulting from the increase in the benefit multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member applying to increase the member's benefit multiplier under this section may pay all or part of the cost with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments, rollovers, and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
[ 2008 c 300 s 2; 2007 c 123 s 2; 2006 c 189 s 6.]
Notes:
Effective date—2006 c 189: See note following RCW 2.14.115.

catchline: Additional benefit for district or municipal court judges—One-time irrevocable election.


doc_type: statute

jurisdiction: wa

title: RCW 41.40.129

text:
(1) An employee providing emergency medical services for a consortium of local governments, where some of those local governments qualified as public employees' retirement system employers at the time the service was rendered, may make an election to establish credit for service performed prior to July 27, 2003, as a full-time emergency medical technician serving the consortium to the public employees' retirement system. This option is only available to employees who:
(a) Performed services for a consortium of local governments fully contained within the boundaries of a county whose population on June 9, 2016, exceeds seven hundred thousand residents but is less than eight hundred thousand residents; and
(b) File a written election to establish service credit under this section with the department of retirement systems no later than June 30, 2026.
(2)(a) The department of retirement systems shall treat the consortium member with the largest current population among consortium members who qualified as a public employees' retirement system employer at the time the service was rendered as the employer for purposes of this section. This employer classification:
(i) Is solely for the purpose of streamlining reporting service and compensation credit and paying contributions for periods of service covered by this section; and
(ii) Does not mean that the consortium member is the employee's employer for any other purpose.
(b) All contributions required for past periods of service established under this section shall be paid by the employees electing to establish service credit under this section.
(i) Employee contributions shall be calculated by the department equal to the contributions that would have been paid by the employee had the employee been a member of [the] public employees' retirement system.
(ii) Employer contributions shall be calculated by the department equal to the contributions that would have been paid by the employer had the employee been reported in [the] public employees' retirement system.
(iii) All contributions must be submitted by the employee within five years of electing to establish service credit under this section.
(3) If a member who elected to establish service credit under this section dies or retires for disability prior to payment of contributions under subsection (2)(b) of this section, the member, or in the case of death the surviving spouse or eligible minor children, may:
(a) Pay the bill in full;
(b) If a continuing monthly benefit is chosen, have the benefit actuarially reduced to reflect the amount of the unpaid obligation under subsection (2)(b) of this section; or
(c) Continue to make payment against the obligation under subsection (2)(b) of this section, provided that payment in full is made no later than five years from the member's original election date.
[ 2016 c 236 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Emergency medical services employee of a consortium of local governments—Credit for service prior to July 27, 2003.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.40.131

text:
(1) At the time of retirement, a plan 1 member may purchase an optional actuarially equivalent life annuity benefit from the public employees' retirement system plan 1 fund established in RCW 41.50.075. A minimum payment of five thousand dollars is required.
(2) At the time of retirement, a plan 2 or plan 3 member may purchase an optional actuarially equivalent life annuity benefit from the public employees' retirement system combined plan 2 and plan 3 fund established in RCW 41.50.075. A minimum payment of five thousand dollars is required.
(3) Subject to rules adopted by the department, a member purchasing an annuity under this section must pay all of the cost with an eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan.
(a) The department shall adopt rules to ensure that all eligible rollovers and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
(b) For the purposes of this subsection (3), "eligible retirement plan" means a tax qualified plan offered by a governmental employer.
(4) The legislature reserves the right to amend or repeal this section in the future.
[ 2019 c 189 s 1.]
Notes:
Effective date—2019 c 189: "This act takes effect January 1, 2020." [ 2019 c 189 s 4.]

catchline: Purchase of life annuity benefit.


title: RCW 41.40.145

text:
RCW 41.40.150 through 41.40.363 shall apply only to members of plan 1.
[ 1992 c 72 s 9; 1991 c 35 s 105.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Provisions applicable to plan 1.


title: RCW 41.40.150

text:
Should any member die, or should the individual separate or be separated from service without leave of absence before attaining age sixty years, or should the individual become a beneficiary, except a beneficiary of an optional retirement allowance as provided by RCW 41.40.188, the individual shall thereupon cease to be a member except;
(1) As provided in RCW 41.40.170.
(2) An employee not previously retired who reenters service shall upon completion of six months of continuous service and upon the restoration, in one lump sum or in annual installments, of all withdrawn contributions: (a) With interest as computed by the director, which restoration must be completed within a total period of five years of membership service following the member's first resumption of employment or (b) paying the amount required under RCW 41.50.165(2), be returned to the status, either as an original member or new member which the member held at time of separation.
(3)(a) Except as provided in (b) of this subsection, a member who separates or has separated after having completed at least five years of service shall remain a member during the period of absence from service for the exclusive purpose of receiving a retirement allowance to begin at attainment of age sixty-five, however, such a member may on written notice to the director elect to receive a reduced retirement allowance on or after age sixty which allowance shall be the actuarial equivalent of the sum necessary to pay regular retirement benefits as of age sixty-five: PROVIDED, That if such member should withdraw all or part of the member's accumulated contributions except those additional contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section shall not apply.
(b) A member who:
(i) Separates from service under this subsection on or after January 1, 2002; and
(ii) Attains the age of fifty with at least twenty years of service prior to separation; and
(iii) Is not retired as of June 13, 2002, shall remain a member during the period of absence from service for the exclusive purpose of receiving a retirement allowance to begin at attainment of age sixty.
If such a member should withdraw all or part of the member's accumulated contributions except those additional contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section shall not apply.
(4) The recipient of a retirement allowance elected to office or appointed to office directly by the governor, and who shall apply for and be accepted in membership as provided in RCW 41.40.023(3) shall be considered to have terminated his or her retirement status and shall become a member of the retirement system with the status of membership the member held as of the date of retirement. Retirement benefits shall be suspended from the date of return to membership until the date when the member again retires and the member shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180: PROVIDED, That where any such right to retire is exercised to become effective before the member has rendered six uninterrupted months of service the type of retirement allowance the member had at the time of the member's previous retirement shall be reinstated, but no additional service credit shall be allowed: AND PROVIDED FURTHER, That if such a recipient of a retirement allowance does not elect to apply for reentry into membership as provided in RCW 41.40.023(3), the member shall be considered to remain in a retirement status and the individual's retirement benefits shall continue without interruption.
(5) Any member who leaves the employment of an employer and enters the employ of a public agency or agencies of the state of Washington, other than those within the jurisdiction of this retirement system, and who establishes membership in a retirement system or a pension fund operated by such agency or agencies and who shall continue membership therein until attaining age sixty, shall remain a member for the exclusive purpose of receiving a retirement allowance without the limitation found in RCW 41.40.180(1) to begin on attainment of age sixty-five; however, such a member may on written notice to the director elect to receive a reduced retirement allowance on or after age sixty which allowance shall be the actuarial equivalent of the sum necessary to pay regular retirement benefits commencing at age sixty-five: PROVIDED, That if such member should withdraw all or part of the member's accumulated contributions except those additional contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section shall not apply.
[ 2002 c 62 s 1; 1997 c 254 s 12; 1994 c 197 s 26; 1992 195 s 1; 1990 c 249 s 17. Prior: 1987 c 384 s 1; 1987 c 88 s 1; 1986 c 317 s 3; 1983 c 233 s 2; 1982 1st ex.s. c 52 s 20; 1979 ex.s. c 249 s 10; 1974 ex.s. c 195 s 3; 1973 1st ex.s. c 190 s 6; 1969 c 128 s 6; 1967 c 127 s 4; 1965 c 155 s 3; 1963 c 174 s 8; 1955 c 277 s 3; 1953 c 200 s 7; 1951 c 50 s 3; 1949 c 240 s 10; 1947 c 274 s 16; Rem. Supp. 1949 s 11072-16.]
Notes:
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1992 c 195 s 1: "Section 1 of this act shall take effect January 1, 1994." [ 1992 c 195 s 3.]
Findings—1990 c 249: See note following RCW 2.10.146.
Effective dates—1987 c 384: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987. Section 2 of this act shall take effect July 1, 1988." [ 1987 c 384 s 3.]
Legislative findings—Intent—1986 c 317: "The legislature finds that in the past public employees and teachers who had terminated employment, withdrawn their retirement contributions, and subsequently returned to public employment or teaching either did not receive proper notification of the procedure to reinstate their withdrawn contributions or they did not fully understand the limitation on such reinstatement. In 1973, the legislature recognized this fact and provided an extraordinary reinstatement period for such employees. Further in 1983, the legislature established clear notification procedures for the proper notification of the reinstatement policy for all such returning employees. Therefore, it is the intent of this 1986 act to provide one last opportunity for reinstatement of withdrawn contributions to those who may have not been properly informed or misunderstood the reinstatement procedure." [ 1986 c 317 s 1.]
Severability—1986 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 317 s 11.]
Severability—1983 c 233: See note following RCW 41.32.500.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Termination of membership—Restoration of service credit.


title: RCW 41.40.160

text:
(1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if he or she is an original member, all of the certified prior service.
(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may be hereafter acquired by a public agency as a matter of public convenience and necessity, where it is in the public interest to retain the trained personnel of such enterprise, all service to that enterprise shall, upon the acquiring public agency becoming an employer as defined in *RCW 41.40.010(4) be credited on the same basis as if rendered to the said employer: PROVIDED, That this shall apply only to those employees who were in the service of the enterprise at or prior to the time of acquisition by the public agency and who remain in the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those employees who were in the service of the enterprise at the time of acquisition by the public agency and subsequently attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members achieving service credit hereunder shall be made on the same basis as set forth in RCW ** 41.40.045 and 41.40.048 for an employer admitted after April 1, 1949, and before July 23, 1995, and on the same basis as set forth in RCW 41.40.057 for an employer admitted after July 23, 1995.
[ 1995 c 286 s 5; 1991 c 35 s 77; 1989 c 273 s 27; 1965 c 155 s 4; 1963 c 174 s 9; 1953 c 200 s 8; 1951 c 50 s 4; 1949 c 240 s 11; 1947 c 274 s 17; Rem. Supp. 1949 s 11072-17.]
Notes:
Reviser's note: *(1) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (13).
**(2) RCW 41.40.045 was repealed by 1995 c 286 s 6.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Creditable service.


title: RCW 41.40.163

text:
Notwithstanding any provision to the contrary, employees of Washington State University who first established membership in the public employees' retirement system plan 1 under *RCW 41.40.500 through 41.40.507, as existing on July 28, 1991, and **RCW 41.40.508, as existing on June 7, 1990, may purchase, as set forth under RCW 41.50.165, plan 1 service credit for the period of service at Washington State University prior to his or her contributory membership in the Washington State University retirement system.
[ 1998 c 17 s 4.]
Notes:
Reviser's note: *(1) RCW 41.40.500 through 41.40.507 were decodified pursuant to 1991 c 35 s 4.
**(2) RCW 41.40.508 was repealed by 1990 c 249 s 22.

catchline: Purchase of service credit—Service at Washington State University.


title: RCW 41.40.170

text:
(1) A member who has served or shall serve on active federal service in the military, naval forces, or uniformed services of the United States and who left or shall leave an employer to enter such service shall be deemed to be on military leave of absence if he or she has resumed or shall resume employment as an employee within one year from termination thereof.
(2) If he or she has applied or shall apply for reinstatement of employment, within one year from termination of the military service, and is refused employment for reasons beyond his or her control, he or she shall, upon resumption of service within 10 years have such service credited to him or her.
(3) In any event, after completing 25 years of creditable service, any member may have service in the armed forces or uniformed services credited to him or her as a member whether or not he or she left the employ of an employer to enter the armed service or uniformed services: PROVIDED, That in no instance, described in this section, shall military service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance the member must restore all withdrawn accumulated contributions, which restoration must be completed within five years of membership service following the first resumption of employment or complete 25 years of creditable service: AND PROVIDED FURTHER, That this section will not apply to any individual, not an honorably discharged veteran or veteran who received a medical discharge from the armed forces or uniformed services with an honorable record. Furthermore, an individual must prove that their military service was during a period of war as defined in RCW 41.04.005 or a member of the uniformed services who has served during a period of war and received an honorable discharge, is actively serving honorably, or received a medical discharge with an honorable record.
(4)(a) A member, after completing 25 years of creditable service, who would have otherwise become eligible for a retirement benefit as defined under this chapter while serving honorably in the armed forces, and with service during a period of war as referenced in RCW 41.04.005 or uniformed services as described in subsection (3) of this section, shall, upon application to the department, be eligible to receive credit for this service without returning to covered employment.
(b) Service credit granted under (a) of this subsection applies only to honorably discharged veterans or veterans who received a medical discharge with an honorable record whose military service was during a period of war as defined in RCW 41.04.005 or members of the uniformed services as described in subsection (3) of this section.
(5) The surviving spouse or eligible child or children of a member who left the employ of an employer to enter the armed forces or uniformed services of the United States and died while serving in the armed forces or uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the armed forces or uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or eligible child or children:
(a) Provides to the director proof of the member's death while serving in the armed forces or uniformed services; and
(b) Provides to the director proof of the member's honorable service in the armed forces or uniformed services prior to the date of death.
(6) A member who leaves the employ of an employer to enter the armed forces or uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the armed forces or uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the armed forces or uniformed services if:
(a) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the armed forces or uniformed services; and
(b) The member provides to the director proof of honorable discharge from the armed forces or uniformed services.
(7) As used in this section, "uniformed services" includes the United States public health service commissioned corps and the national oceanic and atmospheric administration commissioned officer corps.
[ 2026 c 207 s 6; 2024 c 146 s 20. Prior: 2005 c 247 s 2; 2005 c 64 s 1; 2002 c 27 s 2; 1991 c 35 s 78; 1981 c 294 s 12; 1973 1st ex.s. c 190 s 14; 1972 ex.s. c 151 s 3; 1969 c 128 s 7; 1967 c 127 s 8; 1963 c 174 s 10; 1953 c 200 s 9; 1949 c 240 s 12; 1947 c 274 s 18; Rem. Supp. 1949 s 11072-18.]
Notes:
Findings—2026 c 207: See note following RCW 41.04.010.
Intent—2024 c 146: See note following RCW 73.04.005.
Severability—Effective date—2005 c 247: See notes following RCW 41.04.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Credit for service in military or uniformed services.


title: RCW 41.40.175

text:
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 41.40.145 through 41.40.363.
(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The compensation earnable reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.
[ 1993 c 95 s 1.]
Notes:
Retroactive application—1993 c 95: "This act applies on a retroactive basis to members for whom compensation and hours were reported under the circumstances described in sections 1 through 6 of this act. This act may also be applied on a retroactive basis to January 1, 1992, to members for whom compensation and hours would have been reported except for chapter 3, Laws of 1992, or explicit instructions from the department of retirement systems." [ 1993 c 95 s 9.]
Effective date—1993 c 95: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 21, 1993]." [ 1993 c 95 s 11.]

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


title: RCW 41.40.180

text:
(1) Any member with five years of creditable service who has attained age sixty and any original member who has attained age sixty may retire on written application to the director, setting forth at what time the member desires to be retired: PROVIDED, That in the national interest, during time of war engaged in by the United States, the director may extend beyond age sixty, subject to the provisions of subsection (2) of this section, the age at which any member may be eligible to retire.
(2) Any member who has completed thirty years of service may retire on written application to the director setting forth at what time the member desires to be retired, subject to war measures.
(3) Any member who has completed twenty-five years of service and attained age fifty-five may retire on written application to the director setting forth at what time the member desires to be retired, subject to war measures.
(4) Any individual who is eligible to retire pursuant to subsections (1) through (3) of this section shall be allowed to retire while on any authorized leave of absence not in excess of one hundred and twenty days.
[ 1982 1st ex.s. c 52 s 21; 1973 1st ex.s. c 190 s 7; 1972 ex.s. c 151 s 4; 1971 ex.s. c 271 s 7; 1967 c 127 s 5; 1963 c 174 s 11; 1955 c 277 s 4; 1953 c 200 s 10; 1951 c 81 s 1; 1949 c 240 s 13; 1947 c 274 s 19; Rem. Supp. 1949 s 11072-19.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.

catchline: Retirement—Length of service.


title: RCW 41.40.183

text:
(1) Beginning July 1, 2009, the annual increase amount as defined in RCW 41.40.010(4) shall be increased by an amount equal to $0.40 per month per year of service minus the 2008 gain-sharing increase amount under *RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall not decrease the annual increase amount, and is not to exceed $0.20 per month per year of service. The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has the contractual right to receive this adjustment to the annual increase amount not granted prior to that time.
(2) The adjustment to the annual increase amount as set forth in section 11, chapter 491, Laws of 2007 was intended by the legislature as a replacement benefit for gain-sharing. If the repeal of **chapter 41.31 RCW is held to be invalid in a final determination of a court of law, and the court orders reinstatement of gain-sharing or other alternate benefits as a remedy, then this adjustment to the annual increase amount shall not be included in future annual increase amounts paid on or after the date of such reinstatement.
(3) No additional increase under this section shall be provided after June 30, 2011.
[ 2011 c 362 s 5; 2007 c 491 s 11.]
Notes:
Reviser's note: *(1) RCW 41.31.010 was repealed by 2007 c 491 s 13, effective January 2, 2008.
**(2) Chapter 41.31 RCW was repealed by 2007 c 491 s 13, effective January 2, 2008.
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Severability—Conflict with federal requirements—2007 c 491: See notes following RCW 41.32.765.

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


title: RCW 41.40.185

text:
Upon retirement from service, as provided for in RCW 41.40.180 or 41.40.210, a member shall be eligible for a service retirement allowance computed on the basis of the law in effect at the time of retirement, together with such postretirement pension increases as may from time to time be expressly authorized by the legislature. The service retirement allowance payable to members retiring on and after February 25, 1972 shall consist of:
(1) An annuity which shall be the actuarial equivalent of his or her additional contributions made pursuant to RCW 41.40.330(2).
(2) A membership service pension, subject to the provisions of subsection (4) of this section, which shall be equal to two percent of his or her average final compensation for each service credit year or fraction of a service credit year of membership service.
(3) A prior service pension which shall be equal to one-seventieth of his or her average final compensation for each year or fraction of a year of prior service not to exceed thirty years credited to his or her service accounts. In no event, except as provided in *this 1972 amendatory act, shall any member receive a retirement allowance pursuant to subsections (2) and (3) of this section of more than sixty percent of his or her average final compensation: PROVIDED, That no member shall receive a pension under this section of less than nine hundred dollars per annum if such member has twelve or more years of service credit, or less than one thousand and two hundred dollars per annum if such member has sixteen or more years of service credit, or less than one thousand five hundred and sixty dollars per annum if such member has twenty or more years of service credit.
(4) Notwithstanding the provisions of subsections (1) through (3) of this section, the retirement allowance payable for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement allowance shall be equal to three percent of the average final compensation for each year of such service. Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement allowance of at least one thousand two hundred dollars per annum; such member who has served fifteen or more years shall receive a retirement allowance of at least one thousand eight hundred dollars per annum; and such member who has served twenty or more years shall receive a retirement allowance of at least two thousand four hundred dollars per annum: PROVIDED, That the initial retirement allowance of a member retiring only under the provisions of this subsection shall not exceed the average final compensation upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected to the office of state senator or state representative.
[ 1991 c 343 s 7; 1990 c 249 s 7; 1987 c 143 s 2; 1973 1st ex.s. c 190 s 8; 1972 ex.s. c 151 s 5.]
Notes:
*Reviser's note: For codification of "this 1972 amendatory act" [1972 ex.s. c 151], see Codification Tables.
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.

catchline: Retirement allowances—Members retiring after February 25, 1972.


title: RCW 41.40.188

text:
(1) Upon retirement for service as prescribed in RCW 41.40.180 or retirement for disability under RCW 41.40.210 or 41.40.230, a member shall elect to have the retirement allowance paid pursuant to one of the following options calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(c) A member may elect to include the benefit provided under RCW 41.40.640 along with the retirement options available under this section. This retirement allowance option shall be calculated so as to be actuarially equivalent to the options offered under this subsection.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) and (c) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) and (c) of this subsection.
(b) Written consent from a spouse or domestic partner is not required if a member who is married or a domestic partner selects a joint and survivor option under subsection (1)(b) of this section and names the member's spouse or domestic partner as the survivor beneficiary.
(c) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.40.180(1) and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.40.180(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and the nonmember ex spouse are not (i) subject to the minimum benefit provisions of RCW 41.40.1984, or (ii) the minimum benefit annual increase amount eligibility provisions of RCW 41.40.197(2)(b).
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
[ 2019 c 102 s 7; 2002 c 158 s 12; 2000 c 186 s 7; 1998 c 340 s 8; 1996 c 175 s 6; 1995 c 144 s 1; 1990 c 249 s 9.]
Notes:
Effective date—1998 c 340: See note following RCW 2.10.146.
Findings—1990 c 249: See note following RCW 2.10.146.

catchline: Retirement allowance—Options—Retirement allowance adjustment—Court-approved property settlement.


title: RCW 41.40.189

text:
(1) A retiree who receives state-funded long-term care services on or after June 1, 1998, is not eligible for the increase provided by section 8, chapter 340, Laws of 1998, if the increase would make the retiree ineligible for state-funded long-term care services. For the purposes of this section "state-funded long-term care services" means a state-funded adult family home, adult residential care, assisted living, enhanced adult residential care, in-home care, or nursing home service, as defined in RCW 74.39A.009, for which the retiree is required to contribute all income other than a specified amount reserved for the retiree's personal maintenance needs. Retirees who are subject to this section shall notify the department in writing. The department has no affirmative duty to identify retirees who are subject to this subsection.
(2) This section applies to all payments under section 8, chapter 340, Laws of 1998, made on or after May 17, 1999, regardless of the date of retirement.
[ 1999 c 362 s 3.]
Notes:
Effective date—1999 c 362 s 3: "Section 3 of 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 [May 17, 1999]." [ 1999 c 362 s 4.]


title: RCW 41.40.190

text:
In lieu of the retirement allowance provided in RCW 41.40.185, an individual employed on or before April 25, 1973 may, after complying with RCW 41.40.180 or 41.40.210, make an irrevocable election to receive the retirement allowance provided by this section which shall consist of:
(1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and
(2) A basic service pension of one hundred dollars per annum; and
(3) A membership service pension, subject to the provisions of subdivision (4) of this section, which shall be equal to one one-hundredth of his or her average final compensation for each year or fraction of a year of membership service credited to his or her service account; and
(4) A prior service pension which shall be equal to one-seventieth of his or her average final compensation for each year or fraction of a year of prior service not to exceed thirty years credited to his or her service accounts. In no event shall any original member upon retirement at age seventy with ten or more years of service credit receive less than nine hundred dollars per annum as a retirement allowance, nor shall any member upon retirement at any age receive a retirement allowance of less than nine hundred dollars per annum if such member has twelve or more years of service credit, or less than one thousand and two hundred dollars per annum if such member has sixteen or more years of service credit, or less than one thousand five hundred and sixty dollars per annum if such member has twenty or more years of service credit. In the event that the retirement allowance as to such member provided by subdivisions (1), (2), (3), and (4) hereof shall amount to less than the aforesaid minimum retirement allowance, the basic service pension of the member shall be increased from one hundred dollars to a sum sufficient to make a retirement allowance of the applicable minimum amount.
(5) Notwithstanding the provisions of subsections (1) through (4) of this section, the retirement allowance payable for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement allowance shall be equal to three percent of the average final compensation for each year of such service. Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement allowance of at least one thousand two hundred dollars per annum; such member who has served fifteen or more years shall receive a retirement allowance of at least one thousand eight hundred dollars per annum; and such member who has served twenty or more years shall receive a retirement allowance of at least two thousand four hundred dollars per annum: PROVIDED, That the initial retirement allowance of a member retiring only under the provisions of this subsection shall not exceed the average final compensation upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected under the provisions of Article II of the Washington state Constitution.
(6) Unless payment shall be made under RCW 41.40.270, a joint and one hundred percent survivor benefit under RCW 41.40.188 shall automatically be given effect as if selected for the benefit of the surviving spouse upon the death in service, or while on authorized leave of absence for a period not to exceed one hundred and twenty days from the date of payroll separation, of any member who is qualified for a service retirement allowance or has completed ten years of service at the time of death, except that if the member is not then qualified for a service retirement allowance, such option II benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.
[ 1990 c 249 s 8; 1987 c 143 s 3; 1973 1st ex.s. c 190 s 9; 1972 ex.s. c 151 s 6; 1971 ex.s. c 271 s 5; 1969 c 128 s 8; 1967 c 127 s 7; 1961 c 291 s 6; 1953 c 200 s 11; 1951 c 50 s 5; 1949 c 240 s 14; 1947 c 274 s 20; Rem. Supp. 1949 s 11072-20.]
Notes:
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Retirement allowance—In lieu of allowance provided in RCW 41.40.185.


title: RCW 41.40.191

text:
A member may make the irrevocable election under this section no later than six months after attaining thirty years of service. The election shall become effective at the beginning of the calendar month following department receipt of employee notification.
(1) The sum of member contributions made for periods of service after the effective date of the election plus seven and one-half percent interest shall be paid to the member at retirement without a reduction in the member's monthly retirement benefit as determined under RCW 41.40.185.
(2) Upon retirement, the member's benefit shall be calculated using only the compensation earnable credited prior to the effective date of the member's election. Calculation of the member's average final compensation shall include eligible cash outs of sick and annual leave based on the member's salary and leave accumulations at the time of retirement, except that the amount of a member's average final compensation cannot be higher than if the member had not taken advantage of the election offered under this section.
(3) Members who have already earned thirty years of service credit prior to July 25, 1999, may participate in the election by notifying the department in writing of their intention by December 31, 1999.
The department shall continue to collect employer contributions as required in RCW 41.45.060.
[ 1999 c 362 s 2.]

catchline: Retirement allowance—Members with thirty years of service—Irrevocable election.


title: RCW 41.40.193

text:
Retirement allowances paid to members eligible to retire under the provisions of RCW 41.40.180, 41.40.200, 41.40.210, 41.40.220, 41.40.230, and 41.40.250 shall accrue from the first day of the calendar month immediately following the calendar month during which the member is separated from service. Retirement allowance paid to members eligible to retire under any other provisions of *this 1972 amendatory act shall accrue from the first day of a calendar month but in no event earlier than the first day of the calendar month immediately following the calendar month during which the member is separated from service.
[ 1983 c 3 s 94; 1973 1st ex.s. c 190 s 10; 1972 ex.s. c 151 s 7.]
Notes:
*Reviser's note: For codification of "this 1972 amendatory act" [1972 ex.s. c 151], see Codification Tables.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.

catchline: Dates upon which retirement allowances accrue.


title: RCW 41.40.197

text:
(1) Beginning July 1, 1995, and annually thereafter through July 1, 2010, the retirement allowance of a person meeting the requirements of this section shall be increased by the annual increase amount.
(a) After July 1, 2010, those currently receiving benefits under this section will receive no additional annual increase amounts above the amount in effect on July 1, 2010, except for those who qualify under subsection (2)(b) of this section. This subsection shall not reduce retirement allowances below the amounts in effect on June 30, 2011.
(b) After July 1, 2010, no annual increase amounts may be provided to any beneficiaries who are not already receiving benefits under this section, except for those who qualify under subsection (2)(b) of this section.
(2) The following persons shall be eligible for the benefit provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year by July 1st in the calendar year in which the annual increase is given and has attained at least age sixty-six by December 31st in the calendar year in which the annual increase is given; or
(b) A beneficiary whose retirement allowance is lower than the minimum benefit provided under RCW 41.40.1984.
(3) If otherwise eligible, those receiving an annual adjustment under RCW 41.40.188(1)(c) shall be eligible for the annual increase adjustment in addition to the benefit that would have been received absent this section.
(4) Those receiving a benefit under RCW 41.40.220(1), or a survivor of a disabled member under RCW 41.44.170(5) shall be eligible for the benefit provided by this section.
(5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not granted prior to that time.
[ 2011 c 362 s 6; 2007 c 89 s 1; 2005 c 327 s 8; 1995 c 345 s 5.]
Notes:
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Effective date—2007 c 89: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 89 s 3.]
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.

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


title: RCW 41.40.1971

text:
For the purposes of RCW 41.40.197, 41.40.1984, and 41.40.1986, "beneficiary" means a beneficiary under RCW 41.40.010 or 41.44.030, or both RCW 41.40.010 and 41.44.030.
[ 1995 c 345 s 6.]
Notes:
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.


title: RCW 41.40.1984

text:
(1) Except as provided in subsections (4) and (5) of this section, no one who becomes a beneficiary after June 30, 1995, shall receive a monthly retirement allowance of less than twenty-four dollars and twenty-two cents times the number of years of service creditable to the person whose service is the basis of such retirement allowance.
(2) Where the retirement allowance payable was adjusted at the time benefit payments to the beneficiary commenced, the minimum allowance provided in this section shall be adjusted in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a benefit under RCW 41.40.220(1) or under RCW 41.44.170 (3) and (5) shall not be eligible for the benefit provided by this section.
(5) For persons who served as elected officials and whose accumulated employee contributions and credited interest was less than seven hundred fifty dollars at the time of retirement, the minimum benefit under subsection (1) of this section shall be ten dollars per month per each year of creditable service.
(6) Beginning July 1, 2011, the minimum benefit set forth in subsection (1) of this section, prior to adjustments set forth in subsection (2) of this section, for a beneficiary with either (a) at least twenty years of service and who has been retired at least twenty-five years, or (b) at least twenty-five years of service and who has been retired at least twenty years, shall be one thousand five hundred dollars per month. On July 1, 2011, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent, rounded to the nearest cent.
[ 2011 c 362 s 7; 2006 c 244 s 2; 2004 c 85 s 2; 1995 c 345 s 7.]
Notes:
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Effective date—2006 c 244: See note following RCW 41.32.4851.
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.

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


title: RCW 41.40.1985

text:
The dollar amount of the temporary postretirement allowance adjustment granted by section 1, chapter 519, Laws of 1993 shall be provided as a permanent retirement allowance adjustment as of July 1, 1995.
[ 1994 c 247 s 4.]
Notes:
Effective date—1994 c 247: See note following RCW 41.32.4991.
Temporary postretirement allowance—1993 c 519: See note following RCW 41.32.4991.

catchline: Permanent retirement allowance adjustment.


title: RCW 41.40.1986

text:
(1) The amount of the July 1, 1993, increase to the retirement allowance of beneficiaries under this chapter as a result of the temporary adjustment authorized by section 3, chapter 519, Laws of 1993, shall be made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under *RCW 41.40.198 who are at least age seventy-nine shall receive on July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject to subsection (1) of this section and are not receiving a benefit under *RCW 41.40.198 shall receive the following permanent adjustment to their retirement allowance on July 1, 1995:
(a) Those who are age seventy, thirty-nine cents per month per year of service;
(b) Those who are age seventy-one, seventy-nine cents per month per year of service; and
(c) Those who are at least age seventy-two, one dollar and eighteen cents per month per year of service.
[ 1995 c 345 s 8.]
Notes:
*Reviser's note: RCW 41.40.198 was repealed by 1995 c 345 s 11.
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.

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


title: RCW 41.40.1987

text:
(1) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2017, shall receive, effective July 1, 2018, an increase to their monthly benefit of one and one-half percent multiplied by the beneficiaries' monthly benefit, not to exceed $62.50.
(2) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2019, shall receive, effective July 1, 2020, an increase to their monthly benefit of three percent multiplied by the beneficiaries' monthly benefit, not to exceed $62.50.
(3) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2021, shall receive, effective July 1, 2022, an increase to their monthly benefit of three percent multiplied by the beneficiaries' monthly benefit, not to exceed $110.00.
(4) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2022, shall receive, effective July 1, 2023, an increase to their monthly benefit of three percent multiplied by the beneficiaries' monthly benefit, not to exceed $110.00.
(5) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2023, shall receive, effective July 1, 2024, an increase to their monthly benefit of three percent multiplied by the beneficiaries' monthly benefit, not to exceed $110.00.
(6) Beneficiaries who are receiving a monthly benefit from the public employees' retirement system plan 1 on July 1, 2025, shall receive, effective July 1, 2026, an increase to their monthly benefit of three percent multiplied by the beneficiaries' monthly benefit, not to exceed $110.00.
(7) This section does not apply to those receiving benefits pursuant to RCW 41.40.1984.
[ 2026 c 248 s 2; 2024 c 255 s 2; 2023 c 397 s 4; 2022 c 52 s 2; 2020 c 329 s 1; 2018 c 151 s 2.]
Notes:
Effective date—2026 c 248: See note following RCW 41.32.4992.
Finding—Effective date—Study on ongoing cost-of-living adjustments—2023 c 397: See notes following RCW 41.32.4992.
Effective date—2022 c 52: See note following RCW 41.32.4992.
Effective date—2020 c 329: See note following RCW 41.32.4992.
Effective date—2018 c 151: See note following RCW 41.32.4992.

catchline: Monthly benefit increase.


title: RCW 41.40.200

text:
(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty or who becomes totally incapacitated for duty and qualifies to receive benefits under Title 51 RCW as a result of an occupational disease, as now or hereafter defined in RCW 51.08.140, while in the service of an employer, without willful negligence on his or her part, shall be retired subject to the following conditions:
(a) That the medical adviser, after a medical examination of such member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically totally incapacitated for the further performance of his or her duty and that such member should be retired;
(b) That the director concurs in the recommendation of the medical adviser;
(c) That no application shall be valid or a claim thereunder enforceable unless, in the case of an accident, the claim is filed within two years after the date upon which the injury occurred or, in the case of an occupational disease, the claim is filed within two years after the member separated from service with the employer; and
(d) That the coverage provided for occupational disease under this section may be restricted in the future by the legislature for all current and future members.
(2) The retirement for disability of a judge, who is a member of the retirement system, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the director, shall be considered a retirement under subsection (1) of this section.
[ 1991 c 35 s 80; 1986 c 207 s 1; 1982 c 18 s 3; 1955 c 277 s 5; 1951 c 50 s 6; 1949 c 240 s 15; 1947 c 274 s 21; Rem. Supp. 1949 s 11072-21.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Retirement for disability in line of duty—Applicability to certain judges.


title: RCW 41.40.210

text:
Upon retirement for disability, as provided in RCW 41.40.200, a member who has attained age sixty, regardless of his or her creditable service shall receive a service retirement allowance.
[ 2012 c 117 s 59; 1972 ex.s. c 151 s 8; 1947 c 274 s 22; Rem. Supp. 1947 s 11072-22.]

catchline: Duty disability retirement allowance for disability after age sixty.


title: RCW 41.40.220

text:
Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age sixty shall receive the following benefits, subject to the provisions of RCW 41.40.310 and 41.40.320:
(1) A disability retirement pension of two-thirds of his or her average final compensation to his or her attainment of age sixty, subject to the provisions of RCW 41.40.310. The disability retirement pension provided by the employer shall not exceed forty-two hundred dollars per annum, and
(2) Upon attainment of age sixty, the disabled member shall receive a service retirement allowance as provided in RCW 41.40.210. The department shall grant the disabled member membership service for the period of time prior to age sixty he or she was out of such service due to disability.
(3) During the period a disabled member is receiving a disability pension, as provided for in subsection (1) of this section, his or her contributions to the employees' savings fund shall be suspended and his or her balance in the employees' savings fund, standing to his or her credit as of the date his or her disability pension is to begin, shall remain in the employees' savings fund. If the disabled member should die before attaining age sixty, while a disability beneficiary, upon receipt by the department of proper proof of death, the member's accumulated contributions standing to his or her credit in the employees' savings fund, shall be paid to the member's estate, or such person or persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the department. If there is no designated person or persons still living at the time of the member's death, the accumulated contributions standing to the member's credit in the employees' savings fund shall be paid to his or her surviving spouse, or if there is no surviving spouse, then to the member's legal representative.
[ 1995 c 144 s 2; 1991 c 35 s 81; 1972 ex.s. c 151 s 9; 1971 ex.s. c 271 s 8; 1961 c 291 s 7; 1953 c 200 s 12; 1949 c 240 s 16; 1947 c 274 s 23; Rem. Supp. 1949 s 11072-23.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.

catchline: Allowance on retirement for duty disability—Before sixty.


title: RCW 41.40.230

text:
(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who has been an employee at least five years, and who becomes totally and permanently incapacitated for duty as the result of causes occurring not in the performance of his or her duty, may be retired by the department, subject to the following conditions:
(a) That the medical adviser, after a medical examination of the member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired; and
(b) That the department concurs in the recommendation of the medical adviser.
(2) The retirement for disability of a judge, who is a member of the retirement system and who has been an employee at least five years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the department, shall be considered a retirement under subsection (1) of this section.
[ 1991 c 35 s 82; 1982 c 18 s 4; 1969 c 128 s 9; 1951 c 50 s 7; 1949 c 240 s 17; 1947 c 274 s 24; Rem. Supp. 1949 s 11072-24.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Nonduty disability—Applicability to certain judges.


title: RCW 41.40.235

text:
(1) Upon retirement, a member shall receive a nonduty disability retirement allowance equal to two percent of average final compensation for each service credit year of service: PROVIDED, That this allowance shall be reduced by two percent of itself for each year or fraction thereof that his or her age is less than fifty-five years: PROVIDED FURTHER, That in no case may the allowance provided by this section exceed sixty percent of average final compensation.
(2) If the recipient of a retirement allowance under this section dies before the total of the retirement allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the director or, if there is no designated person or persons still living at the time of the recipient's death, then to the surviving spouse or, if there is neither a designated person or persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative.
[ 1995 c 144 s 3. Prior: 1991 c 343 s 8; 1991 c 35 s 83; 1986 c 176 s 4; 1972 ex.s. c 151 s 10.]
Notes:
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Nonduty disability retirement allowance—Amount—Maximum—Death benefit.


title: RCW 41.40.250

text:
An individual who was a member on February 25, 1972, may upon qualifying pursuant to RCW 41.40.230, make an irrevocable election to receive the nonduty disability retirement allowance provided in subsections (1) and (2) of this section subject to the provisions of RCW 41.40.310 and 41.40.320. Upon attaining or becoming disabled after age sixty the member shall receive a service retirement allowance as provided for in RCW 41.40.190 except that the annuity portion thereof shall consist of a continuation of the cash refund annuity previously provided to him or her. The disability retirement allowance prior to age sixty shall consist of:
(1) A cash refund annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of his or her retirement; and
(2) A pension, in addition to the annuity, equal to one one-hundredth of the member's average final compensation for each year of service. If the recipient of a retirement allowance under this section dies before the total of the annuity portions of the retirement allowance paid to him or her equals the amount of his or her accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the department, or if there is no designated person or persons, still living at the time of his or her death, then to his or her surviving spouse, or if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representatives.
[ 1995 c 144 s 4; 1991 c 35 s 84; 1972 ex.s. c 151 s 11; 1969 c 128 s 10; 1961 c 291 s 8; 1953 c 200 s 13; 1947 c 274 s 26; Rem. Supp. 1947 s 11072-26.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
Nonduty disability retirement allowance—1972 act: See RCW 41.40.235.

catchline: Allowance on retirement for nonduty disability—Election.


title: RCW 41.40.260

text:
Subject to the provisions of RCW 41.40.280, should a member cease to be an employee, he or she may request upon a form provided by the department a refund of all or part of the funds standing to his or her credit in the employees' savings fund and this amount shall be paid to him or her. Withdrawal of all or part of the funds, other than additional contributions under RCW 41.40.330(2) by a member who is eligible for a service retirement allowance in RCW 41.40.180 or a disability retirement allowance in RCW 41.40.200, 41.40.210, 41.40.220, 41.40.230, or 41.40.250 shall constitute a waiver of any service or disability retirement allowance.
[ 1991 c 35 s 85; 1983 c 3 s 95; 1971 ex.s. c 271 s 9; 1963 c 174 s 12; 1949 c 240 s 18; 1947 c 274 s 27; Rem. Supp. 1949 s 11072-27.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.

catchline: Withdrawal from system—Refund of contributions—Waiver of allowance, when.


title: RCW 41.40.262

text:
Any active member or separated member who was not eligible to restore contributions under section 3, chapter 317, Laws of 1986, solely because he or she was an elected official, other than an elected official under Articles II or III of the Constitution of the state of Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June 30, 1994, with interest as determined by the director.
[ 1993 c 506 s 2.]

catchline: Elected officials—Restoration of withdrawn contributions.


title: RCW 41.40.270

text:
(1) Except as specified in subsection (4) of this section, should a member die before the date of retirement the amount of the accumulated contributions standing to the member's credit in the employees' savings fund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, at the time of death:
(a) Shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there be no such designated person or persons still living at the time of the member's death, or if a member fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, such accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the surviving spouse as if in fact such spouse had been nominated by written designation as aforesaid, or if there be no such surviving spouse, then to the member's legal representatives.
(2) Upon the death of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent survivor option under RCW 41.40.188, calculated under the retirement allowance described in RCW 41.40.185 or 41.40.190, whichever is greater, actuarially reduced, except under subsection (5) of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 shall automatically be given effect as if selected for the benefit of the designated beneficiary. If the member is not then qualified for a service retirement allowance, such benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.
(3) Subsection (1) of this section, unless elected, shall not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and thereafter dies between the date of separation from service and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188. In those cases the beneficiary named in the member's final application for service retirement may elect to receive either a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.
(4) If a member dies within sixty days following application for disability retirement under RCW 41.40.230, the beneficiary named in the application may elect to receive the benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen under RCW 41.40.188 in the disability application.
(5) The retirement allowance of a member who is killed in the course of employment, as determined by the director of the department of labor and industries, or the retirement allowance of a member who has left the employ of an employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, is not subject to an actuarial reduction. The member's retirement allowance is computed under RCW 41.40.185.
[ 2009 c 226 s 11; 2009 c 111 s 1; 2003 c 155 s 6; 1997 c 73 s 2; 1996 c 227 s 2; 1995 c 144 s 5; 1991 c 365 s 27; 1990 c 249 s 11; 1979 ex.s. c 249 s 11; 1972 ex.s. c 151 s 12; 1969 c 128 s 11; 1965 c 155 s 5; 1963 c 174 s 13; 1961 c 291 s 9; 1953 c 201 s 1; 1953 c 200 s 14; 1951 c 141 s 1; 1949 c 240 s 19; 1947 c 274 s 28; Rem. Supp. 1949 s 11072-28.]
Notes:
Reviser's note: This section was amended by 2009 c 111 s 1 and by 2009 c 226 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).
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective date—1997 c 73: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1969 c 128: See note following RCW 41.40.010.

catchline: Death before retirement or within sixty days following application for disability retirement—Military service—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.


title: RCW 41.40.280

text:
The department may, in its discretion, withhold payment of all or part of a member's contributions for not more than six months after a member has ceased to be an employee. A member who files a request for a refund and subsequently enters into employment with an employer prior to the refund being made shall not be eligible for a refund. For purposes of this section, a written or oral employment agreement shall be considered entering into employment.
[ 1994 c 177 s 7; 1991 c 35 s 86; 1973 2nd ex.s. c 14 s 2; 1947 c 274 s 29; Rem. Supp. 1947 s 11072-29.]
Notes:
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Department may withhold refunds of contributions.


title: RCW 41.40.300

text:
Any amounts which may be paid or payable under the provisions of any workers' compensation, or pension, or similar law on account of any disability shall be offset against and payable in lieu of any benefits payable from funds provided by the employer under the provisions of this chapter on account of the same disability.
[ 1987 c 185 s 14; 1949 c 240 s 21; 1947 c 274 s 31; Rem. Supp. 1949 s 11072-31.]
Notes:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.

catchline: Benefits offset by workers' compensation or similar benefits.


title: RCW 41.40.310

text:
Once each year during the first five years following the retirement of a member on a disability pension or retirement allowance, and at least once in every three year period thereafter the department may, and upon the member's application shall, require any disability beneficiary, who has not attained age sixty years, to undergo a medical examination; such examination to be made by or under the direction of the medical adviser at the place of residence of the beneficiary, or other place mutually agreed upon. Should any disability beneficiary, who has not attained age sixty years, refuse to submit to a medical examination in any period, his or her disability pension or retirement allowance may be discontinued until his or her withdrawal of the refusal, and should the refusal continue for one year, all his or her rights in and to his or her disability pension, or retirement allowance, may be revoked by the department. If upon a medical examination of a disability beneficiary, the medical adviser reports and his or her report is concurred in by the department, that the disability beneficiary is no longer totally incapacitated for duty as the result of the injury or illness for which the disability was granted, or that he or she is engaged in a gainful occupation, his or her disability pension or retirement allowance shall cease.
If the disability beneficiary resumes a gainful occupation and his or her compensation is less than his or her compensation earnable at the date of disability, the department shall continue the disability benefits in an amount which when added to his or her compensation does not exceed his or her compensation earnable at the date of separation, but the disability benefit shall in no event exceed the disability benefit originally awarded. The compensation earnable at the date of separation shall be adjusted July 1 of each year by the ratio of the average consumer price index (Seattle, Washington area) for urban consumers, compiled by the United States department of labor, bureau of labor statistics, for the calendar year prior to the adjustment to the average consumer price index for the calendar year in which separation from service occurred but in no event shall the adjustment result in an amount lower than the original compensation earnable at the date of separation.
[ 1991 c 35 s 87; 1984 c 184 s 14; 1965 c 155 s 7; 1963 c 174 s 14; 1955 c 277 s 7; 1951 c 50 s 9; 1949 c 240 s 22; 1947 c 274 s 32; Rem. Supp. 1949 s 11072-32.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—Effective date—1982 c 163: See notes following RCW 2.10.052.

catchline: Periodical examination of disability beneficiaries—Benefits upon resumption of gainful employment.


title: RCW 41.40.320

text:
A disability beneficiary who has been or shall be reinstated to active service shall from the date of restoration again become a member of the retirement system; and shall contribute to the retirement system in the same manner as prior to the disability retirement. Any prior service and membership service, on the basis of which retirement allowances were computed at the time of retirement, shall be restored to full force and effect, and, except in the case of retirement for nonduty disability as provided in RCW 41.40.230, he or she shall be given membership service for the period of time out of service due to the disability.
[ 1991 c 35 s 88; 1953 c 200 s 16; 1951 c 50 s 10; 1949 c 240 s 23; 1947 c 274 s 33; Rem. Supp. 1949 s 11072-33.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Disability beneficiary—Restoration to service.


title: RCW 41.40.330

text:
(1) Each employee who is a member of the retirement system shall contribute six percent of his or her total compensation earnable. Effective January 1, 1987, however, no contributions are required for any calendar month in which the member is not granted service credit. The officer responsible for making up the payroll shall deduct from the compensation of each member, on each and every payroll of such member for each and every payroll period subsequent to the date on which he or she became a member of the retirement system the contribution as provided by this section.
(2) Any member may, pursuant to regulations formulated from time to time by the department, provide for himself or herself, by means of an increased rate of contribution to his or her account in the employees' savings fund, an increased prospective retirement allowance pursuant to RCW 41.40.190 and 41.40.185.
(3) The officer responsible for making up the payroll shall deduct from the compensation of each member covered by the provisions of RCW 41.40.190(5) and 41.40.185(4) on each and every payroll of such member for each and every payroll period subsequent to the date on which he or she thereafter becomes a member of the retirement system, an amount equal to seven and one-half percent of such member's compensation earnable.
[ 1990 c 8 s 4; 1986 c 268 s 3; 1973 1st ex.s. c 190 s 12; 1972 ex.s. c 151 s 13; 1971 ex.s. c 271 s 10; 1969 c 128 s 12; 1953 c 200 s 17; 1951 c 50 s 11; 1949 c 240 s 24; 1947 c 274 s 34; Rem. Supp. 1949 s 11072-34.]
Notes:
Findings—1990 c 8: See note following RCW 41.50.065.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Members' retirement contributions—Payment by employer: RCW 41.04.445.

catchline: Contributions.


title: RCW 41.40.363

text:
Any labor guild, association, or organization qualifying as an employer under this chapter and which is required to make contributions for an elective official qualifying for membership under RCW 41.40.023(11) shall make contributions as any other employer within this chapter: PROVIDED, That the department shall cause an actuarial computation to be made of all prior service liability for which contributions are required from the employer to be computed on an actual dollar basis, and if the department determines that the contributions being made therefor under this chapter are insufficient to defray any cost to the state, the department shall require additional contributions from the employer in amounts and at times as will defray all costs to the state, the additional contributions to be completed within ten years from the date the elective official is accepted by the department.
[ 1991 c 35 s 91; 1963 c 225 s 3.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Employer's contributions—Labor guild, association or organization.


title: RCW 41.40.404

text:
(1) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a supreme court justice, court of appeals judge, or superior court judge, for a member who elects to participate under RCW 41.40.124(1), shall be equal to three and one-half percent of average final compensation for each year of service earned after the date of the election. The total retirement benefit accrued or purchased under chapter 189, Laws of 2006 in combination with benefits accrued during periods served prior to the election shall not exceed seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a supreme court justice, court of appeals judge, or superior court judge, for those justices or judges newly elected or appointed after January 1, 2007, shall be equal to three and one-half percent of average final compensation for each year of service after January 1, 2007. The total retirement benefits accrued under chapter 189, Laws of 2006 in combination with benefits accrued during periods served prior to January 1, 2007, shall not exceed seventy-five percent of average final compensation.
[ 2006 c 189 s 10.]
Notes:
Effective date—2006 c 189: See note following RCW 2.14.115.

catchline: Justices or judges retirement allowance—In lieu of RCW 41.40.185.


title: RCW 41.40.408

text:
(1) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a district court judge or municipal court judge, for those judges who elected to participate under RCW 41.40.127(1), shall be equal to three and one-half percent of average final compensation for each year of service earned after the election. The total retirement benefit accrued or purchased under chapter 189, Laws of 2006 in combination with benefits accrued during periods served prior to the election shall not exceed seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under RCW 41.40.185, the retirement allowance payable for service as a district court judge, or municipal court judge, for those judges newly elected or appointed after January 1, 2007, and who are not eligible for membership under chapter 41.28 RCW, shall be equal to three and one-half percent of average final compensation for each year of service after January 1, 2007. The total retirement benefits accrued under chapter 189, Laws of 2006 in combination with benefits accrued during periods served prior to January 1, 2007, shall not exceed seventy-five percent of average final compensation.
[ 2006 c 189 s 12.]
Notes:
Effective date—2006 c 189: See note following RCW 2.14.115.

catchline: District or municipal court judges retirement allowances—In lieu of RCW 41.40.185.


title: RCW 41.40.610

text:
RCW 41.40.620 through 41.40.750 shall apply only to plan 2 members.
[ 2000 c 247 s 201; 1991 c 35 s 97; 1977 ex.s. c 295 s 2.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—1977 ex.s. c 295: "Sections 1 through 15 of this 1977 amendatory act shall be added to chapter 41.40 RCW and shall be codified as consecutive sections of the Revised Code of Washington within such chapter." [ 1977 ex.s. c 295 s 23.]
Section headings—1977 ex.s. c 295: "Section headings used in this 1977 amendatory act shall not constitute any part of the law." [ 1977 ex.s. c 295 s 22.]

catchline: Provisions applicable to plan 2.


title: RCW 41.40.620

text:
A member of the retirement system shall receive a retirement allowance equal to two percent of such member's average final compensation for each service credit year of service.
[ 1991 c 343 s 10; 1977 ex.s. c 295 s 3.]
Notes:
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Legislative direction and placement—Section headings—1977 ex.s. c 295: See notes following RCW 41.40.610.

catchline: Computation of the retirement allowance.


title: RCW 41.40.625

text:
(1) On or after June 10, 1982, the director may pay a member eligible to receive a retirement allowance or the member's beneficiary, subject to the provisions of subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the initial monthly benefit computed in accordance with RCW 41.40.620 would be less than $250. This $250 threshold shall be increased annually as determined by the director. The lump sum payment shall be the greater of the actuarial equivalent of the monthly benefits or an amount equal to the individual's accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions of subsection (5) of this section, who is receiving a regular monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the time the benefit initially accrued. The lump sum payment will be reduced to reflect any payments received on or after the initial benefit accrual date.
(3) Persons covered under the provisions of subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service or prior to re-retiring, whichever comes first. In computing the amount due, the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under subsection (3) of this section, reinstatement of all previous service will occur if the member pays the amount required under RCW 41.50.165(2). The amount, however, shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.40.620 or an earned disability allowance under RCW 41.40.670 qualify for participation under this section.
(6) It is the intent of the legislature that any member who receives a settlement under this section shall be deemed to be retired from this system.
[ 2026 c 132 s 1; 1994 c 197 s 27; 1991 c 35 s 98; 1982 c 144 s 3.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.


title: RCW 41.40.630

text:
(1) NORMAL RETIREMENT. Any member with at least five service credit years who has attained at least age sixty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620.
(2) EARLY RETIREMENT. Any member who has completed at least twenty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620, except that a member retiring pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.
(b)(i) On or after July 1, 2008, any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced as follows:
Retirement
Age
Percent
Reduction
55
20%
56
17%
57
14%
58
11%
59
8%
60
5%
61
2%
62
0%
63
0%
64
0%
(ii) Any member who retired on or after September 1, 2008, and chose the three percent per year reduction provided under (a) of this subsection shall have a retirement allowance recalculated under the reductions of (b)(i) of this subsection for benefit payments made on or after January 1, 2024.
(c) Members who first become employed by an employer in an eligible position on or after May 1, 2013, are not eligible for the alternate early retirement provisions of (a) or (b) of this subsection. Any member who first becomes employed by an employer in an eligible position on or after May 1, 2013, and has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced by five percent per year to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.
[ 2023 c 410 s 9; 2012 1st sp.s. c 7 s 5; 2007 c 491 s 9; 2000 c 247 s 901; 1991 c 343 s 11; 1977 ex.s. c 295 s 4.]
Notes:
Intent—Effective date—2023 c 410: See notes following RCW 41.32.765.
Benefits not contractual right until July 1, 2008—2007 c 491: "The new benefits provided pursuant to sections 9(3)(b) and 10(3)(b), chapter 491, Laws of 2007 are not provided to employees as a matter of contractual right prior to July 1, 2008, and will not become a contractual right thereafter if the repeal of chapter 41.31A RCW is held to be invalid in a final determination of a court of law. The legislature retains the right to alter or abolish these benefits at any time prior to July 1, 2008." [ 2007 c 491 s 16.]
Severability—Conflict with federal requirements—2007 c 491: See notes following RCW 41.32.765.
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
Legislative direction and placement—Section headings—1977 ex.s. c 295: See notes following RCW 41.40.610.

catchline: Retirement for service.


title: RCW 41.40.633

text:
(1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed from the system subject to the following conditions:
(a) That the medical adviser, after a medical examination of the member made by or under the direction of the medical adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of the medical adviser.
(2) Members removed from the system shall not make contributions and shall not accumulate additional service credit.
(3) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to this benefit not granted prior to that amendment or repeal.
[ 2005 c 131 s 4.]
Notes:
Effective date—2005 c 131: See note following RCW 41.40.823.

catchline: Member with terminal illness—Removal from system.


title: RCW 41.40.640

text:
Beginning July 1, 1979, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied beginning with the July payment. In no event, however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment; or
(c) Differ from the previous year's annual adjustment by more than three percent.
For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index—Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
[ 1977 ex.s. c 295 s 5.]
Notes:
Legislative direction and placement—Section headings—1977 ex.s. c 295: See notes following RCW 41.40.610.

catchline: Postretirement cost of living.