reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.280 - Refund of contributions.

RCW 41.37.280
Refund of contributions.
A member who ceases to be an employee of an employer except by service or disability retirement may request a refund of the member's accumulated contributions. The refund shall be made within ninety days following the receipt of the request and notification of termination through the contribution reporting system by the employer; except that in the case of death, an initial payment shall be made within thirty days of receipt of request for such payment and notification of termination through the contribution reporting system by the employer. A member who files a request for refund and subsequently enters into employment with another employer prior to the refund being made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits under RCW 41.37.190 through 41.37.290.
[ 2004 c 242 § 34.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.290 - Reentry.

RCW 41.37.290
Reentry.
(1) A member, who had left service and withdrawn the member's accumulated contributions, shall receive service credit for prior service if the member restores all withdrawn accumulated contributions together with interest since the time of withdrawal as determined by the department.
The restoration of funds must be completed within five years of the resumption of service or prior to retirement, whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service credit destroyed by the withdrawn contributions if the amount required under RCW 41.50.165(2) is paid.
[ 2004 c 242 § 35.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.295 - Purchase of life annuity benefit.

RCW 41.37.295
Purchase of life annuity benefit.
(1) At the time of retirement, a plan 2 member may purchase an optional actuarially equivalent life annuity benefit from the public safety employees' retirement system plan 2 fund established in RCW 41.50.075. A minimum payment of five thousand dollars is required.
(2) 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 (2), "eligible retirement plan" means a tax qualified plan offered by a governmental employer.
(3) The legislature reserves the right to amend or repeal this section in the future.
[ 2019 c 189 § 2.]
NOTES:
Effective date—2019 c 189: See note following RCW 41.40.131.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.301 - Election to transfer public employees' retirement system service credit—Certain employees providing nursing care.

RCW 41.37.301
Election to transfer public employees' retirement system service credit—Certain employees providing nursing care.
(1) An employee of an employer as defined in RCW 41.37.010(12) who was a member of the public employees' retirement system plan 2 or plan 3 before January 1, 2019, and on January 1, 2019, meets the eligibility requirements as set forth in RCW 41.37.010(19) has the following options during the election period defined in subsection (2) of this section:
(a) Remain in the public employees' retirement system; or
(b) Become a member of the public safety employees' retirement system plan 2 and be a dual member as provided in chapter 41.54 RCW, and public employees' retirement system service credit may not be transferred to the public safety employees' retirement system.
(2) The "election period" is the period between January 1, 2019, and March 1, 2019.
(3) During the election period, employees who are employed by an employer as defined in RCW 41.37.010(12) remain members of the public employees' retirement system plan 2 or plan 3 until they elect to join the public safety employees' retirement system. Members who elect to join the public safety employees' retirement system as described in this section will have their membership begin prospectively from the date of their election.
(4) If after March 1, 2019, the member has not made an election to join the public safety employees' retirement system, he or she will remain in the public employees' retirement system plan 2 or plan 3.
(5) An employee who was a member of the public employees' retirement system plan 1 on or before January 1, 2019, and on or after January 1, 2019, is employed by an employer as defined in RCW 41.37.010(12) as an employee who meets the eligibility requirements included in RCW 41.37.010(19), shall remain a member of the public employees' retirement system plan 1.
(6) All new employees hired on or after January 1, 2019, who become employed by an employer as defined in RCW 41.37.010(12) as an employee who meets the eligibility requirements included in RCW 41.37.010(19) will become members of the public safety employees' retirement system.
[ 2018 c 241 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.305 - Public safety telecommunicators—Transfer from public employees' retirement system—Election period.

RCW 41.37.305
Public safety telecommunicators—Transfer from public employees' retirement system—Election period. (Effective June 1, 2024.)
(1) An employee of an employer as defined in RCW 41.37.010 who was a member of the public employees' retirement system plan 2 or plan 3 before June 1, 2024, and on June 1, 2024, meets the eligibility requirements as set forth in RCW 41.37.010(19)(f) has the following options during the election period defined in subsection (2) of this section:
(a) To remain in the public employees' retirement system in their current plan; or
(b) To become a member of the public safety employees' retirement system plan 2 and be a dual member as provided in chapter 41.54 RCW. Any service credit the employee accrued in the public employees' retirement system service credit may not be transferred to the public safety employees' retirement system.
(2) The "election period" is the period between January 1, 2024, and March 1, 2024.
(3) During the election period, employees who are employed by an employer as defined in RCW 41.37.010 remain members of the public employees' retirement system plan 2 or plan 3 until they affirmatively elect to join the public safety employees' retirement system. Members who elect to join the public safety employees' retirement system as described in this section will have their membership begin prospectively from the date of their election.
(4) If, after September 1, 2024, the member has not made an election to join the public safety employees' retirement system, he or she will remain in his or her current plan in the public employees' retirement system.
(5) An employee who was a member of the public employees' retirement system plan 1 on or before June 1, 2019, and on or after June 1, 2024, is employed by an employer as defined in RCW 41.37.010 as an employee who meets the eligibility requirements included in RCW 41.37.010(19)(f), shall remain a member of the public employees' retirement system plan 1.
(6) All new employees hired on or after June 1, 2024, who become employed by an employer as defined in RCW 41.37.010 as an employee who meets the eligibility requirements included in RCW 41.37.010(19)(f) will become members of the public safety employees' retirement system.
[ 2023 c 199 § 4.]
NOTES:
Intent—Effective date—2023 c 199: See notes following RCW 41.37.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.900 - Benefits not contractual right until July 1, 2006.

RCW 41.37.900
Benefits not contractual right until July 1, 2006.
The benefits provided pursuant to chapter 242, Laws of 2004 are not provided to employees as a matter of contractual right prior to July 1, 2006. The legislature retains the right to alter or abolish these benefits at any time prior to July 1, 2006.
[ 2004 c 242 § 66.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.901 - Effective date—2004 c 242.

RCW 41.37.901
Effective date—2004 c 242.
This act takes effect July 1, 2006.
[ 2004 c 242 § 65.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.37 - Washington Public Safety Employees' Retirement System. › 41.37.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 41.37.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 98.]
NOTES:
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.005 - Provisions applicable to "plan 1," "plan 2," and "plan 3."

RCW 41.40.005
Provisions applicable to "plan 1," "plan 2," and "plan 3."
RCW 41.40.010 through * 41.40.112 shall apply to members of plan 1, plan 2, and plan 3.
[ 2000 c 247 § 101; 1992 c 72 § 8; 1991 c 35 § 69; 1989 c 273 § 20; 1989 c 272 § 7; 1979 ex.s. c 249 § 6; 1977 ex.s. c 295 § 21.]
NOTES:
*Reviser's note: RCW 41.40.112 was decodified August 1993.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—1989 c 272: See note following RCW 41.32.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.015 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 41.40.015
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 99.]
NOTES:
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.020 - System created—Administration.

RCW 41.40.020
System created—Administration.
A state employees' retirement system is hereby created for the employees of the state of Washington and its political subdivisions. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authority to make all rules and regulations necessary therefor are hereby vested in the department. All such rules and regulations shall be governed by the provisions of chapter 34.05 RCW, as now or hereafter amended. The retirement system herein provided for shall be known as the Washington Public Employees' Retirement System.
[ 1991 c 35 § 71; 1969 c 128 § 2; 1967 c 127 § 1; 1949 c 240 § 2; 1947 c 274 § 2; Rem. Supp. 1949 § 11072-2.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.025 - Membership in system—Charter school employers and employees.

RCW 41.40.025
Membership in system—Charter school employers and employees.
This section designates charter schools established under chapter 28A.710 RCW as employers and charter school employees as members, and applies only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.
[ 2016 c 241 § 135. Prior: 2013 c 2 § 305 (Initiative Measure No. 1240, approved November 6, 2012).]
NOTES:
Effective date—2016 c 241: See RCW 28A.710.901.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.028 - Nonelective position employees employed for at least nine months—Deemed in eligible position, when.

RCW 41.40.028
Nonelective position employees employed for at least nine months—Deemed in eligible position, when.
Any person who has been employed in a nonelective position for at least nine months and who has made member contributions required under this chapter throughout such period, shall be deemed to have been in an eligible position during such period of employment.
[ 1980 c 112 § 2. Formerly RCW 41.40.123.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.034 - Purchase of additional service credit—Costs—Rules.

RCW 41.40.034
Purchase of additional service credit—Costs—Rules.
(1) A member eligible to retire under RCW 41.40.180, 41.40.630, or 41.40.820 may, at the time of filing a written application for retirement with the department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member purchasing additional service credit 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.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively to provide the member with a monthly annuity that is paid in addition to the member's retirement allowance.
[ 2006 c 214 § 1.]
NOTES:
Effective date—2006 c 214: "This act takes effect July 1, 2006." [ 2006 c 214 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.035 - Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials.

RCW 41.40.035
Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials.
(1) No person appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such committee, board, or commission for fewer than ten days or seventy hours in any month, whichever amount is less, shall receive service credit for such service for that month: PROVIDED, That on and after October 1, 1977, appointive and elective officials who receive monthly compensation earnable from an employer in an amount equal to or less than ninety times the state minimum hourly wage shall not receive any service credit for such employment.
(2) No person appointed on or after June 9, 2022, to membership on any committee, board, or commission described in RCW 43.03.220 may receive service credit for service on such committee, board, or commission due to the payment of a stipend or allowance as authorized under RCW 43.03.220.
(3) This section does not apply to any person serving on a committee, board, or commission on June 30, 1976, who continued such service until subsequently appointed by the governor to a different committee, board, or commission.
[ 2022 c 245 § 8; 1987 c 146 § 1; 1977 ex.s. c 295 § 17; 1975-'76 2nd ex.s. c 34 § 4. Formerly RCW 41.40.165.]
NOTES:
Findings—2022 c 245: See note following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.038 - Duty disability retirement recipients—Continued service credit.

RCW 41.40.038
Duty disability retirement recipients—Continued service credit.
Those members subject to this chapter who became disabled in the line of duty on or after March 27, 1984, and who received or are receiving benefits under Title 51 RCW or a similar federal workers' compensation program shall receive or continue to receive service credit subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed after a member separates or is separated without leave of absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the employer and paid to the department at the rate in effect for the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be granted for a period to exceed twenty-four consecutive months.
(7) Nothing in this section shall abridge service credit rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit authorized under this section or repeal this section, no affected employee is entitled to receive the credit as a matter of contractual right.
[ 2005 c 363 § 1; 1987 c 118 § 1; 1986 c 176 § 2. Formerly RCW 41.40.223.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.042 - Members agree to deductions.

RCW 41.40.042
Members agree to deductions.
The deductions from the compensation of members, provided for in RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for in this chapter and receipt in full for his or her salary or compensation, and payment less the deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment, except as to benefits provided for under this chapter.
[ 2000 c 247 § 103; 1991 c 35 § 89; 1977 ex.s. c 295 § 18; 1947 c 274 § 35; Rem. Supp. 1947 § 11072-35. Formerly RCW 41.40.340.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.048 - Employer's contribution—Computation—Billing.

RCW 41.40.048
Employer's contribution—Computation—Billing.
(1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by applying the applicable rates established in chapter 41.45 RCW to the total compensation earnable of employer's members as shown on the current payrolls of the said employer. In addition, the director shall determine and collect the additional employer contribution rate necessary to fund the benefits granted officials holding office pursuant to Articles II and III of the Constitution of the state of Washington and RCW 48.02.010. Each said employer shall compute at the end of each month the amount due for that month and the same shall be paid as are its other obligations. Effective January 1, 1987, however, no contributions are required for any calendar month in which the member is not granted service credit.
(3) In the event of failure, for any reason, of an employer other than a political subdivision of the state to have remitted amounts due for membership service of any of the employer's members rendered during a prior biennium, the director shall bill such employer for such employer's contribution together with such charges as the director deems appropriate in accordance with RCW 41.50.120. Such billing shall be paid by the employer as, and the same shall be, a proper charge against any moneys available or appropriated to such employer for payment of current biennial payrolls.
[ 1989 c 273 § 23; 1986 c 268 § 5; 1985 c 138 § 1; 1982 1st ex.s. c 52 § 22; 1979 c 151 § 63; 1977 ex.s. c 295 § 20; 1963 c 126 § 1; 1961 c 291 § 12; 1949 c 240 § 26; 1947 c 274 § 38; Rem. Supp. 1947 § 11072-38. Formerly RCW 41.40.370.]
NOTES:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.054 - Disability retirement—Criminal conduct.

RCW 41.40.054
Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235, 41.40.250, 41.40.670, or 41.40.825 if the disability is the result of criminal conduct by the member committed after April 21, 1997.
[ 2000 c 247 § 104; 1997 c 103 § 3.]
NOTES:
Severability—Effective date—1997 c 103: See notes following RCW 41.26.061.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.055 - Penalty for false statements.

RCW 41.40.055
Penalty for false statements.
Any person who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud the retirement system as a result of such act, shall be guilty of a gross misdemeanor.
[ 1947 c 274 § 41; Rem. Supp. 1947 § 11072-41. Formerly RCW 41.40.400.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.056 - Establishment of service credit—Former employees—Employers admitted before July 23, 1995.

RCW 41.40.056
Establishment of service credit—Former employees—Employers admitted before July 23, 1995.
Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before July 23, 1995, membership service may be established for the employer's former employees who are active members of the system if the member or member's former employer pays an amount equal to the employer and member contributions which would have been paid to the retirement system on account of such service to the retirement system. Payment shall be made prior to the retirement of such member.
Payments submitted by the member under this section shall be placed in the member's individual account in the members' savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option.
[ 1995 c 286 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.057 - Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.

RCW 41.40.057
Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.
(1) This section applies to the establishment of membership service with employers admitted to the retirement system after July 23, 1995.
(2) For current employees, membership service may be established for periods of employment with an employer prior to the employer's admission into the retirement system by making the payments required by this section.
The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include the total member and employer contributions that would have been required from the date of each current member's hire.
(a) Option A: The employer makes all the required payments within fifteen years from the date of the employer's admission.
(b) Option B: The employer makes a portion of the required payments and the member pays the balance. The employer shall not be required to make its payments until the member has made his or her payments. Each member shall have the option to purchase the membership service.
(c) Option C: The member makes all of the required payments. Each member shall have the option to purchase the membership service.
All payments under options B and C of this subsection must be completed within five years from the date of the employer's admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive membership service credit under option B or C of this subsection until all required payments have been made.
(3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if the contributions plus interest accrued cannot be transferred to the retirement system. If the employer does not purchase the membership credit under this subsection, the member may purchase the membership service under subsection (2)(c) of this section.
(4) A former employee who is an active member of the system and is not covered by subsection (2) of this section may establish membership service by making the required payments under subsection (2)(c) of this section prior to the retirement of the member.
(5) All payments made by the member under this section shall be placed in the member's individual account in the members' savings fund or the member's account for those members entering plan 3.
[ 2000 c 247 § 105; 1995 c 286 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.059 - Credit for service in Seattle's police relief and pension fund system.

RCW 41.40.059
Credit for service in Seattle's police relief and pension fund system.
Any active member of this retirement system who has previously established ten or more years' service credit in the city of Seattle's police relief and pension fund system, who withdrew his or her contributions from Seattle's police relief and pension fund system prior to July 1, 1961, and who has never been a member of the law enforcement officers' and firefighters' pension system created in chapter 41.26 RCW, may receive credit in this retirement system for such service, subject to the terms and conditions specified in RCW 41.40.061.
[ 1992 c 157 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.061 - Credit for service in Seattle's police relief and pension fund system—Terms and conditions.

RCW 41.40.061
Credit for service in Seattle's police relief and pension fund system—Terms and conditions.
(1) A member who fulfills the requirements of RCW 41.40.059 may file a written declaration no later than September 30, 1992, with the department and the Seattle police relief and pension fund system indicating the member's desire to make an irrevocable transfer of credit from the Seattle system to this retirement system. The member shall restore his or her contributions, with interest since the date of withdrawal as determined by the director, no later than December 31, 1992.
(2) Upon receipt of the written declaration, the Seattle police relief and pension fund system shall send the department a report of the member's service credit. It shall also transfer to the department the portion of such member's contributions that was retained in the Seattle police relief and pension fund pursuant to RCW 41.20.150, plus a sum equal to such member's total contributions to the Seattle police relief and pension fund, which shall be treated as matching contributions by the employer, plus the compound interest that would have been generated by such sums, as determined by the Seattle city treasurer. The Seattle police relief and pension fund system shall send the service credit report and transfer the funds within ninety days of receiving the member's written declaration.
[ 1992 c 157 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.062 - Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible employees members of system—Exception.

RCW 41.40.062
Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible employees members of system—Exception.
(1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.
(2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every member of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949, except that after August 31, 2000, school districts will no longer be employers for the public employees' retirement system plan 2 or plan 3.
[ 2000 c 247 § 106; 1998 c 341 § 602; 1995 c 286 § 4; 1991 c 35 § 93; 1971 ex.s. c 271 § 12; 1969 c 128 § 13; 1965 c 84 § 1; 1963 c 174 § 16; 1961 c 291 § 13; 1953 c 200 § 19; 1951 c 50 § 13; 1949 c 240 § 27; 1947 c 274 § 43; Rem. Supp. 1949 § 11072-42. Formerly RCW 41.40.410.]
NOTES:
Effective date—1998 c 341: See RCW 41.35.901.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.068 - Hearing prior to appeal—Required—Notice.

RCW 41.40.068
Hearing prior to appeal—Required—Notice.
Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges must before he or she appeals to the courts, file with the director by mail or personally within sixty days from the day the decision was communicated to the person, a notice for a hearing before the director's designee. The notice of hearing shall set forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every issue to be considered by the department, and it must contain a detailed statement of facts upon which the person relies in support of the appeal. These persons shall be deemed to have waived all objections or irregularities concerning the matter on which the appeal is taken, other than those specifically set forth in the notice of hearing or appearing in the records of the retirement system.
[ 1991 c 35 § 94; 1969 c 128 § 14; 1963 c 174 § 17; 1953 c 200 § 22. Formerly RCW 41.40.412.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.073 - Hearing prior to appeal—Conduct of hearing.

RCW 41.40.073
Hearing prior to appeal—Conduct of hearing.
Following its receipt of a notice for hearing in accordance with RCW 41.40.068, a hearing shall be held by the director or a duly authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearing shall be conducted and governed in all respects by the provisions of chapter 34.05 RCW.
[ 1989 c 175 § 87; 1969 c 128 § 15; 1953 c 200 § 23. Formerly RCW 41.40.414.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.078 - Judicial review in accordance with administrative procedure act.

RCW 41.40.078
Judicial review in accordance with administrative procedure act.
Judicial review of any final decision and order by the director is governed by the provisions of chapter 34.05 RCW.
[ 1989 c 175 § 88; 1969 c 128 § 16; 1963 c 174 § 18; 1953 c 200 § 20; 1951 c 50 § 14. Formerly RCW 41.40.420.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.082 - Appeal—No bond required.

RCW 41.40.082
Appeal—No bond required.
No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the department affecting the claimant's right to retirement or disability benefits.
[ 1991 c 35 § 95; 1971 c 81 § 105; 1951 c 50 § 16. Formerly RCW 41.40.440.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.092 - Transfer of cadet service credit to Washington state patrol retirement system.

RCW 41.40.092
Transfer of cadet service credit to Washington state patrol retirement system.
(1) Active members of the Washington state patrol retirement system who have previously established service credit in the public employees' retirement system, plan 1 or plan 2 while employed by the state patrol as a cadet as defined in *RCW 43.43.120(6)(b) may have such service credit transferred to the state patrol retirement system subject to the terms and conditions specified in chapter 43.43 RCW, including reestablishment of such service for the sole purpose of transfer. Service reestablishment shall be subject to the interest requirements of RCW 41.40.150(2).
(2) Service credit established for employment other than that specified in subsection (1) of this section is not eligible for transfer.
[ 2000 c 247 § 108; 1983 c 81 § 3. Formerly RCW 41.40.530.]
NOTES:
*Reviser's note: RCW 43.43.120 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (6)(b) to subsection (5)(b).
Effective date—1983 c 81: See note following RCW 43.43.120.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.0931 - Death benefit—Course of employment as a police officer—Occupational disease or infection.

RCW 41.40.0931
Death benefit—Course of employment as a police officer—Occupational disease or infection.
(1) A one hundred fifty thousand dollar death benefit for members who had the opportunity to transfer to the law enforcement officers' and firefighters' retirement system pursuant to chapter 502, Laws of 1993, but elected to remain in the public employees' retirement system, shall be paid to the member's estate, or such person or persons, trust, or organization as the member has 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 member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) Subject to subsection (3) of this section, the benefit under this section shall be paid only where death occurs as a result of (a) injuries sustained in the course of employment as a general authority police officer; or (b) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(3) The benefit under this section shall not be paid in the event the member was in the act of committing a felony when the fatal injuries were suffered.
[ 2007 c 487 § 6; 1998 c 157 § 1.]
NOTES:
Effective date—1998 c 157: "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 [March 25, 1998]." [ 1998 c 157 § 6.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.0932 - Death benefit—Course of employment—Occupational disease or infection.

RCW 41.40.0932
Death benefit—Course of employment—Occupational disease or infection.
(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member has nominated by written designation duly executed and filed with the department. If no such designated person or persons are still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only where death occurs as a result of (a) injuries sustained in the course of employment; or (b) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
[ 2007 c 487 § 7; 2003 c 402 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.095 - Transfer of membership from judicial retirement system.

RCW 41.40.095
Transfer of membership from judicial retirement system.
(1) Any member of the Washington judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter shall file a written request with the director as required by RCW 2.10.040 on or before December 31, 1989, or within one year after reentering service as a judge.
Upon receipt of such request, the director shall transfer from the judicial retirement system to this retirement system: (a) An amount equal to the employee and employer contributions the judge would have made if the judge's service under chapter 2.10 RCW had originally been earned under this chapter, which employee contributions shall be credited to the member's account established under this chapter; and (b) a record of service credited to the member. The judge's accumulated contributions that exceed the amount credited to the judge's account under this subsection shall be deposited in the judge's retirement account created pursuant to chapter 2.14 RCW.
(2) The member shall be given year-for-year credit for years of service, as determined under *RCW 2.10.030(8), earned under the judicial retirement system. Service credit granted under the judicial retirement system pursuant to RCW 2.10.220 shall not be transferred under this section. The director instead shall reverse the transfer of contributions and service credit previously made under RCW 2.10.220 and shall credit the member for such periods of service and contributions under this chapter as though no transfer had ever occurred.
(3) All employee contributions transferred pursuant to this section shall be treated the same as other employee contributions made under this chapter.
[ 1988 c 109 § 5. Formerly RCW 41.40.540.]
NOTES:
*Reviser's note: RCW 2.10.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (8) to subsection (11).
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.096 - Law enforcement officers—Dual membership—Plan 1 exception.

RCW 41.40.096
Law enforcement officers—Dual membership—Plan 1 exception.
(1) An employee who was a member of the public employees' retirement system plan 2 or plan 3 on or before January 1, 2003, and on July 27, 2003, is employed by the department of fish and wildlife as a law enforcement officer as defined in RCW 41.26.030, shall become a member of the law enforcement officers' and firefighters' retirement system plan 2. All officers will be dual members as provided in chapter 41.54 RCW, and public employees' retirement system service credit may not be transferred to the law enforcement officers' and firefighters' retirement system plan 2.
(2) An employee who was a member of the public employees' retirement system plan 1 on or before January 1, 2003, and on or after July 27, 2003, is employed by the department of fish and wildlife as a law enforcement officer as defined in RCW 41.26.030, shall remain a member of the public employees' retirement system plan 1.
[ 2003 c 388 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.098 - Transfer of former service from judicial retirement system.

RCW 41.40.098
Transfer of former service from judicial retirement system.
A former member of the Washington judicial retirement system who: (1) Is not serving as a judge on July 1, 1988; (2) has not retired under the applicable provisions of chapter 2.10 RCW; and (3) subsequently reacquires membership in the public employees' retirement system may, by written request filed with the director of retirement systems, transfer to the public employees' retirement system all periods of time served as a judge, as defined in *RCW 2.10.030(2). Upon such membership transfer being made, the department of retirement systems shall transfer the employer contributions and the employee's contributions and service from the judicial retirement system to the public employees' retirement system. The service shall be transferred and credited to the member as though the service was originally earned as a member of the public employees' retirement system.
[ 1988 c 109 § 6. Formerly RCW 41.40.542.]
NOTES:
*Reviser's note: RCW 2.10.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (5).
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.102 - Effect of certain accumulated vacation leave on retirement benefits.

RCW 41.40.102
Effect of certain accumulated vacation leave on retirement benefits.
RCW 43.01.044 shall not result in any increase in retirement benefits. The rights extended to state officers and employees under RCW 43.01.044 are not intended to and shall not have any effect on retirement benefits under this chapter.
[ 1983 c 283 § 4. Formerly RCW 41.40.800.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.40 - Washington Public Employees' Retirement System. › 41.40.103 - Benefit calculation—Limitation.

RCW 41.40.103
Benefit calculation—Limitation.
(1) The annual compensation taken into account in calculating retiree benefits under this system shall not exceed the limits imposed by section 401(a)(17) of the federal internal revenue code for qualified trusts.
(2) The department shall adopt rules as necessary to implement this section.
[ 1995 c 145 § 3.]