Revised Code of Washington
2023 Archive

Chapter 41.26 RCW
LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' RETIREMENT SYSTEM
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Sections
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
41.26.005Provisions applicable to "plan 1" and "plan 2."
41.26.010Short title.
41.26.020Purpose of chapter.
41.26.030Definitions.
41.26.035"Minimum medical and health standards" defined.
41.26.040System createdMembershipFunds.
41.26.045Minimum medical and health standards.
41.26.046Minimum medical and health standardsBoard to adoptPublication and distributionEmployer certification procedures.
41.26.047Minimum medical and health standardsExemptionsEmployer may adopt higher standards.
41.26.048Special death benefitDeath in the course of employmentDeath from disease or infection arising from employmentAnnual adjustment.
41.26.053Exemption from judicial process, taxesExceptionsDeduction for insurance upon request.
41.26.056No bond required on appeal to court.
41.26.057Benefit calculationLimitation.
41.26.059Establishing, restoring service credit.
41.26.061Disability retirementCriminal conduct.
41.26.062FalsificationPenalty.
"PLAN 1"
41.26.075Provisions applicable to plan 1.
41.26.080Funding total liability of plan 1 system.
41.26.090Retirement for service.
41.26.100Allowance on retirement for service.
41.26.105Purchase of actuarially equivalent life annuity benefit upon retirementPurchase by past retirees.
41.26.110Disability boards authorizedCompositionTermsReimbursement for travel expensesDuties.
41.26.115Director of retirement systems to adopt rules governing disability boardsRemand of orders not in accordance with rules.
41.26.120Retirement for disability incurred in the line of duty.
41.26.125Retirement for disability not incurred in the line of duty.
41.26.130Allowance on retirement for disability.
41.26.135Cessation of disabilityDetermination.
41.26.140Reexaminations of disability beneficiariesReentryAppeal.
41.26.150Sickness or disability benefitsMedical services.
41.26.160Death benefitsDuty or military service connected.
41.26.161Death benefitsNonduty connected.
41.26.162Ex spouse qualifying as surviving spouse.
41.26.164Optional reduced retirement allowanceContinues for spouse otherwise ineligible for survivor benefits.
41.26.170Refund of contributions on discontinuance of serviceReentry.
41.26.190Credit for military service.
41.26.192Credit for service under prior pension systemRestoration of withdrawn contributions.
41.26.194Credit for service under prior pension systemService not covered under prior system.
41.26.195Transfer of service credit from other retirement systemIrrevocable election allowed.
41.26.197Service credit for paid leave of absenceApplication to elected officials of labor organizations.
41.26.199Purchase of additional service creditCostsRules.
41.26.200Appeal to director of retirement systems.
41.26.211Notice for hearing required prior to petitioning for judicial review.
41.26.221HearingConduct.
41.26.240Increases or decreases in retirement allowances to be determined by department in accordance with consumer price index.
41.26.250Increase in presently payable benefits for service or disability authorized.
41.26.260Increase in certain presently payable death benefits authorized.
41.26.270Declaration of policy respecting benefits for injury or deathCivil actions abolished.
41.26.281Cause of action for injury or death, when.
41.26.291Lump sum defined benefitPayable January 31, 2023.
41.26.3901Severability1969 ex.s. c 209.
41.26.3902Act to control inconsistencies.
41.26.3903Effective date1969 ex.s. c 209.
"PLAN 2"
41.26.410Provisions applicable to plan 2.
41.26.420Computation of the retirement allowance.
41.26.425Lump sum retirement allowanceReentryConditions for reinstatement of service.
41.26.430Retirement for service.
41.26.432Additional service credit purchaseRules.
41.26.435Transfer of service credit from other retirement systemEnforcement officer for department of fish and wildlife.
41.26.436Transfer of service credit from other retirement systemFirefighter serving at a prison or civil commitment center on an island.
41.26.440Post-retirement cost-of-living.
41.26.450Port districts and institutions of higher educationEmployer and state contributionsRecovery of contributions.
41.26.460Options for payment of retirement allowancesRetirement allowance adjustmentCourt-approved property settlement.
41.26.463Optional actuarially equivalent life annuity benefitRulesDefinition.
41.26.470Earned disability allowanceCancellation of allowanceReentryReceipt of service credit while disabledConditionsDisposition upon death of recipientDisabled in the line of dutyTotal disabilityReimbursement for certain paymentsDisabled while providing emergency management services.
41.26.473Disabled in the line of dutyContinuation of service creditConditions.
41.26.476Use of shared leaveImpact on calculation of service credit and final average salary.
41.26.480Industrial insurance.
41.26.490Application for and effective date of retirement allowances.
41.26.500Suspension of retirement allowance upon reemploymentReinstatementOption to enter into membership.
41.26.510Death benefits.
41.26.520Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service, death or disability while providing emergency management services.
41.26.530Vested membership.
41.26.540Refund of contributions on termination.
41.26.545Emergency medical techniciansEstablishing service creditDates—Process—Contributions.
41.26.546Emergency medical techniciansMember elects to transfer under RCW 41.26.545DeathRetirement for disability.
41.26.550Reentry.
41.26.555Lump sum defined benefitPayable January 31, 2023.
41.26.565Tribal general authority peace officersState-tribal compacts.
41.26.567Tribal general authority peace officersEstablishing service credit for prior service.
"PLAN 2 GOVERNANCE"
41.26.700OverviewIntent.
41.26.705Intent2003 c 2.
41.26.710Definitions.
41.26.715Board of trusteesCreatedSelection of trusteesTerms of officeVacancies.
41.26.7151Board of trusteesPolitical party representation.
41.26.717Additional duties and powers of board.
41.26.720Board of trusteesPowersMeeting proceduresQuorumJudicial reviewBudget.
41.26.725Board of trusteesContributionsMinimum and increased benefits.
41.26.730Joint committee on pension policyPension funding council.
41.26.732Plan 2 expense fundBoard oversight and administrationState investment board.
41.26.735Asset management.
41.26.740Reimbursement for expenses.
41.26.802Local law enforcement officers' and firefighters' retirement system benefits improvement accountTransfers.
41.26.805Local law enforcement officers' and firefighters' retirement system benefits improvement accountCreationUseAdministrationInvestments.
41.26.904Effective date2003 c 2 (Initiative Measure No. 790).
41.26.906Effective date2003 c 92.
41.26.921Effective date1977 ex.s. c 294.
41.26.922ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
NOTES:
Reviser's note: Throughout chapter 41.26 RCW, the phrase "this act" has been changed to "this chapter." 1969 ex.s. c 209 consists of this chapter and RCW 41.16.145, 41.18.010, 41.18.040, 41.18.045, 41.18.060, 41.18.100, 41.18.102, 41.18.104, 41.18.130, 41.18.190, 41.20.005, 41.20.085, 41.20.170, 41.20.050, and 41.20.060.
Numerical designations1998 c 341: "(1) The legislature declares that changing the numerical designation of the different retirement plans within the retirement systems from Roman numerals to Arabic numerals is of no substantive importance.
(2) The code reviser, under RCW 1.08.025, is directed to change the numerical designation of the retirement plans as follows:
(a) Where "I" is used, replace with "1";
(b) Where "II" is used, replace with "2"; and
(c) Where "III" is used, replace with "3."" [1998 c 341 § 709.] This section takes effect September 1, 2000.
Emergency medical technician or first aid vehicle operator prohibited from joining system solely on basis of such service: RCW 41.24.050.