Revised Code of Washington
2024 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 created—Membership—Funds.
41.26.045Minimum medical and health standards.
41.26.046Minimum medical and health standards—Board to adopt—Publication and distribution—Employer certification procedures.
41.26.047Minimum medical and health standards—Exemptions—Employer may adopt higher standards.
41.26.048Special death benefit—Death in the course of employment—Death from disease or infection arising from employment—Annual adjustment.
41.26.053Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.
41.26.056No bond required on appeal to court.
41.26.057Benefit calculation—Limitation.
41.26.059Establishing, restoring service credit.
41.26.061Disability retirement—Criminal conduct.
41.26.062Falsification—Penalty.
"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 retirement—Purchase by past retirees.
41.26.110Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.
41.26.115Director of retirement systems to adopt rules governing disability boards—Remand 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 disability—Determination.
41.26.140Reexaminations of disability beneficiaries—Reentry—Appeal.
41.26.150Sickness or disability benefits—Medical services.
41.26.160Death benefits—Duty or military service connected.
41.26.161Death benefits—Nonduty connected.
41.26.162Ex spouse qualifying as surviving spouse.
41.26.164Optional reduced retirement allowance—Continues for spouse otherwise ineligible for survivor benefits.
41.26.170Refund of contributions on discontinuance of service—Reentry.
41.26.190Credit for military service.
41.26.192Credit for service under prior pension system—Restoration of withdrawn contributions.
41.26.194Credit for service under prior pension system—Service not covered under prior system.
41.26.195Transfer of service credit from other retirement system—Irrevocable election allowed.
41.26.197Service credit for paid leave of absence—Application to elected officials of labor organizations.
41.26.199Purchase of additional service credit—Costs—Rules.
41.26.200Appeal to director of retirement systems.
41.26.211Notice for hearing required prior to petitioning for judicial review.
41.26.221Hearing—Conduct.
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 death—Civil actions abolished.
41.26.281Cause of action for injury or death, when.
41.26.291Lump sum defined benefit—Payable January 31, 2023.
41.26.3901Severability—1969 ex.s. c 209.
41.26.3902Act to control inconsistencies.
41.26.3903Effective date—1969 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 allowance—Reentry—Conditions for reinstatement of service.
41.26.430Retirement for service.
41.26.432Additional service credit purchase—Rules.
41.26.435Transfer of service credit from other retirement system—Enforcement officer for department of fish and wildlife.
41.26.436Transfer of service credit from other retirement system—Firefighter 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 education—Employer and state contributions—Recovery of contributions.
41.26.460Options for payment of retirement allowances—Retirement allowance adjustment—Court-approved property settlement.
41.26.463Optional actuarially equivalent life annuity benefit—Rules—Definition.
41.26.470Earned disability allowance—Cancellation of allowance—Reentry—Receipt of service credit while disabled—Conditions—Disposition upon death of recipient—Disabled in the line of duty—Total disability—Reimbursement for certain payments—Disabled while providing emergency management services.
41.26.473Disabled in the line of duty—Continuation of service credit—Conditions.
41.26.476Use of shared leave—Impact 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 reemployment—Reinstatement—Option 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 technicians—Establishing service credit—Dates—Process—Contributions.
41.26.546Emergency medical technicians—Member elects to transfer under RCW 41.26.545—Death—Retirement for disability.
41.26.550Reentry.
41.26.555Lump sum defined benefit—Payable January 31, 2023.
41.26.565Tribal general authority peace officers—State-tribal compacts.
41.26.567Tribal general authority peace officers—Establishing service credit for prior service.
41.26.570Overpayments of benefits caused by employer error.
"PLAN 2 GOVERNANCE"
41.26.700Overview—Intent.
41.26.705Intent—2003 c 2.
41.26.710Definitions.
41.26.715Board of trustees—Created—Selection of trustees—Terms of office—Vacancies.
41.26.7151Board of trustees—Political party representation.
41.26.717Additional duties and powers of board.
41.26.720Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.
41.26.725Board of trustees—Contributions—Minimum and increased benefits.
41.26.730Joint committee on pension policy—Pension funding council.
41.26.732Plan 2 expense fund—Board oversight and administration—State investment board.
41.26.735Asset management.
41.26.740Reimbursement for expenses.
41.26.802Local law enforcement officers' and firefighters' retirement system benefits improvement account—Transfers.
41.26.805Local law enforcement officers' and firefighters' retirement system benefits improvement account—Creation—Use—Administration—Investments.
41.26.904Effective date—2003 c 2 (Initiative Measure No. 790).
41.26.906Effective date—2003 c 92.
41.26.921Effective date—1977 ex.s. c 294.
41.26.922Construction—Chapter applicable to state registered domestic partnerships—2009 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 designations—1998 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 s 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.