Revised Code of Washington
2024 Archive

Chapter 41.40 RCW
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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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.
41.40.015ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
41.40.020System createdAdministration.
41.40.023Membership.
41.40.025Membership in systemCharter school employers and employees.
41.40.028Nonelective position employees employed for at least nine monthsDeemed in eligible position, when.
41.40.034Purchase of additional service creditCostsRules.
41.40.035Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials.
41.40.037Service by retireesBreak in employment requirementReduction of retirement allowance upon reemploymentReestablishment of membership.
41.40.038Duty disability retirement recipientsContinued service credit.
41.40.042Members agree to deductions.
41.40.048Employer's contributionComputationBilling.
41.40.052Exemption from taxation and judicial processExceptionsAssignabilityDeductions authorized.
41.40.054Disability retirementCriminal conduct.
41.40.055Penalty for false statements.
41.40.056Establishment of service creditFormer employeesEmployers admitted before July 23, 1995.
41.40.057Establishment of service creditCurrent and former employeesEmployers 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 systemTerms and conditions.
41.40.062Optional entry of system by political subdivisions or associations of political subdivisionsProcedureSchool districts declared employers and eligible employees members of systemException.
41.40.068Hearing prior to appealRequiredNotice.
41.40.073Hearing prior to appealConduct of hearing.
41.40.078Judicial review in accordance with administrative procedure act.
41.40.082AppealNo bond required.
41.40.088Education employmentService creditComputation.
41.40.092Transfer of cadet service credit to Washington state patrol retirement system.
41.40.0931Death benefitCourse of employment as a police officerOccupational disease or infection.
41.40.0932Death benefitCourse of employmentOccupational disease or infection.
41.40.095Transfer of membership from judicial retirement system.
41.40.096Law enforcement officersDual membershipPlan 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 calculationLimitation.
41.40.104Establishing, restoring service credit.
41.40.1041Prior service for plan 2 or 3 membersOne-half service credit.
41.40.105Chapter not applicable to officers and employees of state convention and trade center.
41.40.108Higher education classified employeesMembership in the public employees' retirement system.
41.40.109Retirement system employerTermination of status.
41.40.111Retirement system employerUnit of government.
41.40.113Public safety employees' retirement systemElectionMembership.
41.40.124Discontinuing judicial retirement account plan contributionsAdditional benefitOne-time irrevocable electionJustices and judges.
41.40.127Additional benefit for district or municipal court judgesOne-time irrevocable election.
41.40.129Emergency medical services employee of a consortium of local governmentsCredit 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 membershipRestoration of service credit.
41.40.160Creditable service.
41.40.163Purchase of service creditService at Washington State University.
41.40.170Credit for military service.
41.40.175Service credit for paid leave of absenceApplication to elected officials of labor organizations.
41.40.180RetirementLength of service.
41.40.183Annual increase amountLegislature's rights reservedNo additional increases after June 30, 2011.
41.40.185Retirement allowancesMembers retiring after February 25, 1972.
41.40.188Retirement allowanceOptionsRetirement allowance adjustmentCourt-approved property settlement.
41.40.189Retirement allowanceAdjustment eligibility.
41.40.190Retirement allowanceIn lieu of allowance provided in RCW 41.40.185.
41.40.191Retirement allowanceMembers with thirty years of serviceIrrevocable election.
41.40.193Dates upon which retirement allowances accrue.
41.40.197Retirement allowanceAnnual increases restricted after July 1, 2010Eligibility.
41.40.1971Definition"Beneficiary."
41.40.1984Minimum retirement allowanceAnnual adjustmentPersons 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 dutyApplicability to certain judges.
41.40.210Duty disability retirement allowance for disability after age sixty.
41.40.220Allowance on retirement for duty disabilityBefore sixty.
41.40.230Nonduty disabilityApplicability to certain judges.
41.40.235Nonduty disability retirement allowanceAmountMaximumDeath benefit.
41.40.250Allowance on retirement for nonduty disabilityElection.
41.40.260Withdrawal from systemRefund of contributionsWaiver of allowance, when.
41.40.262Elected officialsRestoration of withdrawn contributions.
41.40.270Death before retirement or within sixty days following application for disability retirementMilitary servicePayment of contributions to nominee, surviving spouse, or legal representativeWaiver of payment, effectBenefits.
41.40.280Department may withhold refunds of contributions.
41.40.300Benefits offset by workers' compensation or similar benefits.
41.40.310Periodical examination of disability beneficiariesBenefits upon resumption of gainful employment.
41.40.320Disability beneficiaryRestoration to service.
41.40.330Contributions.
41.40.363Employer's contributionsLabor guild, association or organization.
41.40.404Justices or judges retirement allowanceIn lieu of RCW 41.40.185.
41.40.408District or municipal court judges retirement allowancesIn 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 allowanceReentryConditions for reinstatement of service.
41.40.630Retirement for service.
41.40.633Member with terminal illnessRemoval from system.
41.40.640Post-retirement cost-of-living.
41.40.660Options for payment of retirement allowancesRetirement allowance adjustmentCourt-approved property settlement.
41.40.670Earned disability allowanceApplicability to certain judgesDisposition upon death of recipient.
41.40.680Application for and effective date of retirement allowances.
41.40.690Suspension of retirement allowance upon reemploymentExceptionsReinstatement.
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 officersLimited optional transfer to Washington state patrol retirement system.
41.40.749Certain commissioned officersLimited optional transfer to Washington state patrol retirement system.
41.40.750Transfer of membership and service creditRestoration of contributions and service credit.
41.40.760End of participation in judicial retirement account planNewly elected or appointed judges or justices.
41.40.763End of participation in chapter 41.28 RCWNewly elected or appointed judges.
41.40.767Justices or judges retirement allowanceIn lieu of RCW 41.40.620.
41.40.770District or municipal court judges retirement allowanceIn lieu of RCW 41.40.620.
"PLAN 3"
41.40.780Provisions applicable to plan 3Plan 3 elements.
41.40.785Membership in plan 2 or plan 3Irrevocable choiceDefault.
41.40.787Right to waive benefitIrrevocable choice.
41.40.790Computation of retirement allowance.
41.40.795Transfer period and basisAdditional transfer payment.
41.40.798Higher education employeesOption to transfer to plan 3Limitation on supplemental benefits under RCW 28B.10.400.
41.40.801Application for and effective date of retirement allowances.
41.40.805Leaves of absenceMilitary service.
41.40.811Purchased service creditAllocation.
41.40.815Lump sum paymentsReentry.
41.40.820Retirement eligibility.
41.40.823Member with terminal illnessRemoval from system.
41.40.825Disability allowanceDeath of recipient.
41.40.830Restored, purchased service credit under plan 2Transfer to plan 3.
41.40.835Death benefits.
41.40.840Postretirement cost-of-living.
41.40.845Options for payment of retirement allowancesCourt-approved property settlement.
41.40.850Suspension of retirement allowance upon reemploymentExceptionReinstatement.
41.40.870Discontinuing judicial retirement account plan contributionsAdditional benefitOne-time irrevocable electionJustices and judges.
41.40.873Additional benefit for district or municipal court judgesOne-time irrevocable election.
41.40.877Justices or judges retirement allowanceIn lieu of RCW 41.40.790.
41.40.880District or municipal court judges retirement allowanceIn lieu of RCW 41.40.790.
41.40.920Effective date1977 ex.s. c 295.
41.40.930Benefits not contractual right until March 1, 2002.
41.40.931Effective dates2000 c 247.
41.40.932Subchapter headings not law2000 c 247.
NOTES:
Numerical designations1998 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.