Revised Code of Washington
2023 Archive

Chapter 41.40 RCW
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PDF of Chapter Digest
PDF of Complete Chapter
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.40.005Provisions applicable to "plan 1," "plan 2," and "plan 3."
41.40.010Definitions.
41.40.015Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.40.020System created—Administration.
41.40.023Membership.
41.40.025Membership in system—Charter school employers and employees.
41.40.028Nonelective position employees employed for at least nine months—Deemed in eligible position, when.
41.40.034Purchase of additional service credit—Costs—Rules.
41.40.035Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials.
41.40.037Service by retirees—Break in employment requirement—Reduction of retirement allowance upon reemployment—Reestablishment of membership.
41.40.038Duty disability retirement recipients—Continued service credit.
41.40.042Members agree to deductions.
41.40.048Employer's contribution—Computation—Billing.
41.40.052Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized.
41.40.054Disability retirement—Criminal conduct.
41.40.055Penalty for false statements.
41.40.056Establishment of service credit—Former employees—Employers admitted before July 23, 1995.
41.40.057Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.
41.40.058Transfer of service credit from statewide city employees' retirement system.
41.40.059Credit for service in Seattle's police relief and pension fund system.
41.40.061Credit for service in Seattle's police relief and pension fund system—Terms and conditions.
41.40.062Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible employees members of system—Exception.
41.40.068Hearing prior to appeal—Required—Notice.
41.40.073Hearing prior to appeal—Conduct of hearing.
41.40.078Judicial review in accordance with administrative procedure act.
41.40.082Appeal—No bond required.
41.40.088Education employment—Service credit—Computation.
41.40.092Transfer of cadet service credit to Washington state patrol retirement system.
41.40.0931Death benefit—Course of employment as a police officer—Occupational disease or infection.
41.40.0932Death benefit—Course of employment—Occupational disease or infection.
41.40.095Transfer of membership from judicial retirement system.
41.40.096Law enforcement officers—Dual membership—Plan 1 exception.
41.40.098Transfer of former service from judicial retirement system.
41.40.102Effect of certain accumulated vacation leave on retirement benefits.
41.40.103Benefit calculation—Limitation.
41.40.104Establishing, restoring service credit.
41.40.1041Prior service for plan 2 or 3 members—One-half service credit.
41.40.105Chapter not applicable to officers and employees of state convention and trade center.
41.40.108Higher education classified employees—Membership in the public employees' retirement system.
41.40.109Retirement system employer—Termination of status.
41.40.111Retirement system employer—Unit of government.
41.40.113Public safety employees' retirement system—Election—Membership.
41.40.124Discontinuing judicial retirement account plan contributions—Additional benefit—One-time irrevocable election—Justices and judges.
41.40.127Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.129Emergency medical services employee of a consortium of local governments—Credit for service prior to July 27, 2003.
41.40.131Purchase of life annuity benefit.
"PLAN 1"
41.40.145Provisions applicable to plan 1.
41.40.150Termination of membership—Restoration of service credit.
41.40.160Creditable service.
41.40.163Purchase of service credit—Service at Washington State University.
41.40.170Credit for military service.
41.40.175Service credit for paid leave of absence—Application to elected officials of labor organizations.
41.40.180Retirement—Length of service.
41.40.183Annual increase amount—Legislature's rights reserved—No additional increases after June 30, 2011.
41.40.185Retirement allowances—Members retiring after February 25, 1972.
41.40.188Retirement allowance—Options—Retirement allowance adjustment—Court-approved property settlement.
41.40.189Retirement allowance—Adjustment eligibility.
41.40.190Retirement allowance—In lieu of allowance provided in RCW 41.40.185.
41.40.191Retirement allowance—Members with thirty years of service—Irrevocable election.
41.40.193Dates upon which retirement allowances accrue.
41.40.197Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
41.40.1971Definition—"Beneficiary."
41.40.1984Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
41.40.1985Permanent retirement allowance adjustment.
41.40.1986Permanent increase for specified beneficiaries age seventy or over.
41.40.1987Monthly benefit increase.
41.40.200Retirement for disability in line of duty—Applicability to certain judges.
41.40.210Duty disability retirement allowance for disability after age sixty.
41.40.220Allowance on retirement for duty disability—Before sixty.
41.40.230Nonduty disability—Applicability to certain judges.
41.40.235Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
41.40.250Allowance on retirement for nonduty disability—Election.
41.40.260Withdrawal from system—Refund of contributions—Waiver of allowance, when.
41.40.262Elected officials—Restoration of withdrawn contributions.
41.40.270Death 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.
41.40.280Department may withhold refunds of contributions.
41.40.300Benefits offset by workers' compensation or similar benefits.
41.40.310Periodical examination of disability beneficiaries—Benefits upon resumption of gainful employment.
41.40.320Disability beneficiary—Restoration to service.
41.40.330Contributions.
41.40.363Employer's contributions—Labor guild, association or organization.
41.40.404Justices or judges retirement allowance—In lieu of RCW 41.40.185.
41.40.408District or municipal court judges retirement allowances—In lieu of RCW 41.40.185.
"PLAN 2"
41.40.610Provisions applicable to plan 2.
41.40.620Computation of the retirement allowance.
41.40.625Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.40.630Retirement for service.
41.40.633Member with terminal illness—Removal from system.
41.40.640Post-retirement cost-of-living.
41.40.660Options for payment of retirement allowances—Retirement allowance adjustment—Court-approved property settlement.
41.40.670Earned disability allowance—Applicability to certain judges—Disposition upon death of recipient.
41.40.680Application for and effective date of retirement allowances.
41.40.690Suspension of retirement allowance upon reemployment—Exceptions—Reinstatement.
41.40.700Death benefits.
41.40.710Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
41.40.720Vested membership.
41.40.730Refund of contributions.
41.40.740Reentry.
41.40.748Commercial vehicle enforcement officers—Limited optional transfer to Washington state patrol retirement system.
41.40.749Certain commissioned officers—Limited optional transfer to Washington state patrol retirement system.
41.40.750Transfer of membership and service credit—Restoration of contributions and service credit.
41.40.760End of participation in judicial retirement account plan—Newly elected or appointed judges or justices.
41.40.763End of participation in chapter 41.28 RCW—Newly elected or appointed judges.
41.40.767Justices or judges retirement allowance—In lieu of RCW 41.40.620.
41.40.770District or municipal court judges retirement allowance—In lieu of RCW 41.40.620.
"PLAN 3"
41.40.780Provisions applicable to plan 3—Plan 3 elements.
41.40.785Membership in plan 2 or plan 3—Irrevocable choice—Default.
41.40.787Right to waive benefit—Irrevocable choice.
41.40.790Computation of retirement allowance.
41.40.795Transfer period and basis—Additional transfer payment.
41.40.798Higher education employees—Option to transfer to plan 3—Limitation on supplemental benefits under RCW 28B.10.400.
41.40.801Application for and effective date of retirement allowances.
41.40.805Leaves of absence—Military service.
41.40.811Purchased service credit—Allocation.
41.40.815Lump sum payments—Reentry.
41.40.820Retirement eligibility.
41.40.823Member with terminal illness—Removal from system.
41.40.825Disability allowance—Death of recipient.
41.40.830Restored, purchased service credit under plan 2—Transfer to plan 3.
41.40.835Death benefits.
41.40.840Postretirement cost-of-living.
41.40.845Options for payment of retirement allowances—Court-approved property settlement.
41.40.850Suspension of retirement allowance upon reemployment—Exception—Reinstatement.
41.40.870Discontinuing judicial retirement account plan contributions—Additional benefit—One-time irrevocable election—Justices and judges.
41.40.873Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.877Justices or judges retirement allowance—In lieu of RCW 41.40.790.
41.40.880District or municipal court judges retirement allowance—In lieu of RCW 41.40.790.
41.40.920Effective date—1977 ex.s. c 295.
41.40.930Benefits not contractual right until March 1, 2002.
41.40.931Effective dates—2000 c 247.
41.40.932Subchapter headings not law—2000 c 247.
NOTES:
Numerical designations—1998 c 341: See note following chapter 41.26 RCW digest.
Portability of public retirement benefits: Chapter 41.54 RCW.
Transfer of membership to judges' retirement system: RCW 2.12.100.