reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.088 - Duties of director—Retirement investments.

RCW 41.50.088
Duties of director—Retirement investments.
(1) The director shall adopt rules as necessary and exercise the following powers and duties:
(a) The director shall recommend to the state investment board types of options for member self-directed investment in the teachers' retirement system plan 3, the school employees' retirement system plan 3, and the public employees' retirement system plan 3 as deemed by the director to be reflective of the members' preferences;
(b) By July 1, 2005, subject to favorable tax determination by the internal revenue service, the director shall make optional actuarially equivalent life annuity benefit payment schedules available to members and survivors that may be purchased from the combined plan 2 and plan 3 funds under RCW 41.50.075; and
(c) Determination of the basis for administrative charges to the self-directed investment fund to offset self-directed account expenses;
(2) The director shall recommend to the state investment board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by the director to be reflective of the participants' preferences.
[ 2010 1st sp.s. c 7 § 28; 2005 c 327 § 14; 2000 c 247 § 602. Prior: 1998 c 341 § 507; 1998 c 116 § 10; 1995 c 239 § 302.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.090 - Department succeeds to and vested with transferred powers, duties, and functions—Boards to be kept informed—Approval of rules—Disability benefit applications.

RCW 41.50.090
Department succeeds to and vested with transferred powers, duties, and functions—Boards to be kept informed—Approval of rules—Disability benefit applications.
(1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW 41.50.030, the department shall succeed to and is vested with all powers, duties, and functions now or by any concurrent act of this 1976 legislature vested in the individual retirement boards set forth in RCW 41.50.030 relating to the administration of their various retirement systems, including but not limited to the power to appoint a staff and define the duties thereof: PROVIDED, That actuarial services required by the department shall be performed by the state actuary as provided in RCW 44.44.040.
(2) The department shall keep each retirement board fully informed on the administration of the corresponding retirement system, and shall furnish any information requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070, 41.50.055, 41.32.025, or 41.40.020 shall be submitted to the appropriate retirement boards for review prior to adoption. After receiving approval of the members of the appropriate board, such rules shall become effective as provided by the administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent disability, with such staff assistance from the department as may be required. The director shall perform those functions with respect to disability benefits as are vested in him or her by RCW 41.26.120, 41.26.125, and 41.26.200.
[ 1985 c 102 § 6; 1983 c 3 § 97; 1981 c 294 § 8; 1975-'76 2nd ex.s. c 105 § 11.]
NOTES:
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Severability—1981 c 294: See note following RCW 41.26.115.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.112 - Report of member data—Department-designed format.

RCW 41.50.112
Report of member data—Department-designed format.
Employers, as defined in RCW 41.26.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report all member data to the department in a format designed and communicated by the department. Employers failing to comply with this reporting requirement shall be assessed an additional fee as defined under RCW 41.50.110(5).
[ 2000 c 247 § 1107.]
NOTES:
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.120 - Payment of moneys due department by employers—Interest.

RCW 41.50.120
Payment of moneys due department by employers—Interest.
Notwithstanding any provision of law to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or check to the department within fifteen days following the end of each calendar month the moneys due the department as determined by the statutes governing each system together with such reports as the department may require. The director may collect interest on any employer's overdue payments at the rate of one percent per month on the outstanding balance where necessary to secure adherence to timeliness requirements.
[ 1979 ex.s. c 249 § 9.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.125 - Interest on contributions—Department may charge.

RCW 41.50.125
Interest on contributions—Department may charge.
The department may charge interest, as determined by the director, on member or employer contributions owing to any of the retirement systems listed in RCW 41.50.030. The department's authority to charge interest shall extend to all optional and mandatory billings for contributions where member or employer contributions are paid other than immediately after service is rendered. Except as explicitly limited by statute, the director may delay the imposition of interest charges on late contributions under this section if the delay is necessary to implement required changes in the department's accounting and information systems.
[ 1994 c 177 § 2.]
NOTES:
Findings—1994 c 177: "The legislature finds that:
(1) Whenever employer or member contributions are not made at the time service is rendered, the state retirement system trust funds lose investment income which is a major source of pension funding. The department of retirement systems has broad authority to charge interest to compensate for the loss to the trust funds, subject only to explicit statutory provisions to the contrary.
(2) The inherent authority of the department to recover all overpayments and unauthorized payments from the retirement trust funds, for the benefit of members and taxpayers, should be established clearly in statute." [ 1994 c 177 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.131 - Correction of errors in reporting compensation earnable.

RCW 41.50.131
Correction of errors in reporting compensation earnable.
(1) Notwithstanding RCW 41.50.130, the department is not required to correct, nor to cause any employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation that are not pay for time worked were not salary or wages for personal services within the meaning of RCW 41.40.010(8). Contrary to RCW 41.40.010(8), some employers have been reporting standby pay to the department as compensation earnable. To avoid unduly impacting the retirement allowances of persons who have retired on or before June 9, 1994, the department is not required to correct, nor cause to be corrected, any misreporting of amounts identified as standby pay through June 9, 1994. Any erroneous reporting of amounts identified as standby pay to the department on or after June 9, 1994, shall be corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for those individuals for whom amounts received as standby pay were misreported to the department. Prior to June 9, 1994, no retirement system member had any right, contractual or otherwise, to have amounts identified as standby pay included as compensation earnable.
[ 1994 c 177 § 9.]
NOTES:
Findings—1994 c 177: See note following RCW 41.50.125.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.132 - Correction of erroneous deduction or pickup of contributions.

RCW 41.50.132
Correction of erroneous deduction or pickup of contributions.
(1) By December 31, 1992, the department of retirement systems shall implement and complete the following process for those members of the law enforcement officers' and firefighters' retirement system plan 2, public employees' retirement system plans 1 and 2, and teachers' retirement system plan 2 who erroneously had contributions either deducted or picked-up from their earnings on and after January 1, 1987:
(a) Create a list of transactions by employer for those members whose employer either deducted or picked-up employee contributions during a month where an employee did not work sufficient hours to earn service credit;
(b) Provide the affected employers with direction and guidance for the review of the transmitted lists from this subsection and the employers' preparation of any necessary correcting transactions to the department's records;
(c) Receive all correcting transactions submitted by the employer.
(2) All debits and credits to all member accounts affected by this remedial process shall be reconciled by the department.
(3) All moneys payable to an affected member, or any moneys to be further deducted or picked-up from such member's earnings, shall be determined and accomplished solely by the employer.
(4) After December 31, 1992, no credit of employer contributions shall be made.
(5) Return of contributions to an employee by the department is limited solely to when such member retires or otherwise terminates his or her membership and chooses to withdraw them with any accumulated interest.
(6) Employer contributions forfeited under this section shall be transferred to the department of retirement systems expense account.
[ 1991 c 343 § 13.]
NOTES:
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.133 - Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system.

RCW 41.50.133
Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system.
(1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on the application of section 2, chapter 96, Laws of 1979 ex. sess., nor shall such benefits be reduced.
(2) The director of the department of retirement systems shall not recover from retirees any pension overpayments made between July 1, 1990, and February 1, 1992, based upon the application of *RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the incorrect calculation of the "age sixty-five allowance" as this term is defined in *RCW 41.32.575(1)(a) and 41.40.325(1)(a).
[ 1992 c 212 § 21; 1987 c 490 § 2.]
NOTES:
*Reviser's note: RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.487, and 41.32.575 were repealed by 1995 c 345 § 11.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.135 - Collection of overpayments—Determination of liability—Administrative process created.

RCW 41.50.135
Collection of overpayments—Determination of liability—Administrative process created.
(1) If the department finds that any member, beneficiary, or other person or entity has been paid an amount of retirement benefits to which that person or entity is not entitled, and the person is not entitled to a continuing benefit from any of the retirement systems listed in RCW 41.50.030, the department may issue an order and notice of assessment specifying the amount due, including interest, to be remitted to the department. The order and notice of assessment shall be served upon any person or entity who may have received benefits to which the person or entity is not entitled. The order and notice of assessment shall be served by the department in the manner prescribed for the service of a summons in a civil action, or by certified mail to the last known address of the obligor as shown by the records of the department.
(2) Any notice of assessment under subsection (1) of this section shall constitute a determination of liability from which the member, beneficiary, or other person or entity served may appeal by filing a petition for adjudicative proceedings with the director personally or by mail within sixty days from the date the assessment was served. If a petition for adjudicative proceedings is not filed within sixty days of the delivery of the notice of assessment, the determination that was the basis for establishing the overpayment debt and the assessment is conclusive and final.
(3) This section creates an administrative process for the collection of overpayments from persons who are not entitled to a continuing benefit from one of the retirement systems listed in RCW 41.50.030. The collection of overpayments from persons entitled to a continuing benefit from one of the retirement systems listed in RCW 41.50.030 is governed by RCW 41.50.130.
[ 1996 c 56 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.136 - Collection of overpayments—Issuance of warrant—Lien.

RCW 41.50.136
Collection of overpayments—Issuance of warrant—Lien.
Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135, the director, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. A copy of the warrant shall be mailed to the person mentioned in the warrant by certified mail to the person's last known address within five days of its filing with the clerk.
[ 2001 c 146 § 5; 1996 c 56 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.137 - Collection of overpayments—Department may issue subpoenas.

RCW 41.50.137
Collection of overpayments—Department may issue subpoenas.
The department may issue subpoenas to compel the statement of witnesses and the production of any books, records, or documents necessary or relevant to the department's administration of duties under this chapter. It is unlawful for any person or entity, without just cause, to fail to comply with any subpoena issued under this section.
[ 1996 c 56 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.138 - Collection of overpayments—Waiver of overpayment.

RCW 41.50.138
Collection of overpayments—Waiver of overpayment.
(1) The director may waive repayment of all or part of a retirement allowance overpayment, under RCW 41.50.130 only, if:
(a) The overpayment was not the result of the retiree's or the beneficiary's nondisclosure, fraud, misrepresentation, or other fault; and
(b) The director finds in his or her sole discretion that recovery of the overpayment would be a manifest injustice.
(2) The director may not waive an overpayment if the member, retiree, or beneficiary:
(a) Provided incorrect information to the department or the employer which caused the overpayment;
(b) Failed to provide information to the department or the employer which was necessary to correctly calculate the retirement allowance;
(c) Caused the employer to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that he or she was in receipt of an overpayment.
(3) If the director waives an overpayment and the overpayment occurred because the member's or retiree's employer:
(a) Provided incorrect information to the department which caused the overpayment;
(b) Failed to provide information to the department which was necessary to correctly calculate the retirement allowance;
(c) Caused another party to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that the information provided would cause the retiree or beneficiary to be overpaid;
then the department shall bill the member's or retiree's employer for the amount of the overpayment that would have been recoverable under RCW 41.50.130 had the overpayment not been waived pursuant to this section.
(4) Nothing in this section authorizes the director to waive the prospective correction of an overstated retirement allowance.
(5) If the director waives an overpayment he or she must state in writing:
(a) The nature of and reason for the overpayment;
(b) The reason for the waiver; and
(c) The amount of the overpayment that is waived.
The department will maintain a file containing documentation of all overpayments waived. The department will provide the file to any person upon request.
(6) This section applies to overpayments identified on or after September 1, 1994.
[ 1996 c 56 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.139 - Retirement status reports—Overpayments—Employer obligations.

RCW 41.50.139
Retirement status reports—Overpayments—Employer obligations.
(1) Retirement system employers shall elicit on a written form from all new employees as to their having been retired from a retirement system listed in RCW 41.50.030. Employers must report any retirees in their employ to the department. If a retiree works in excess of applicable postretirement employment restrictions and the employer failed to report the employment of the retiree, that employer is liable for the loss to the trust fund.
(2) If an employer erroneously reports to the department that an employee has separated from service such that a person receives a retirement allowance in contravention of the applicable retirement system statutes, the person's retirement status shall remain unaffected and the employer is liable for the resulting overpayments.
(3) Upon receipt of a billing from the department, the employer shall pay into the appropriate retirement system trust fund the amount of the overpayment plus interest as determined by the director. The employer's liability under this section shall not exceed the amount of overpayments plus interest received by the retiree within three years of the date of discovery, except in the case of fraud. In the case of fraud, the employer is liable for the entire overpayment plus interest.
[ 1997 c 254 § 16.]
NOTES:
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.140 - Cooperation of employers in administration of systems—Employer contributions for retroactive service credit—Employee contributions paid by employer.

RCW 41.50.140
Cooperation of employers in administration of systems—Employer contributions for retroactive service credit—Employee contributions paid by employer.
(1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out all other duties as required by law, regulation, or administrative instruction.
(2) If an employee is entitled to retroactive service credit which was not previously established through no fault of the employee, or through an employer error which has caused a member's compensation or contributions to be understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss, to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the interest was part of the normal employer contribution and no distribution of interest received shall be required.
(3) Employer-paid employee contributions will not be credited to a member's account until the employer notifies the director in writing that the employer has been reimbursed by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the amount of the employee's obligation. Failure on the part of the employer to collect all or any part of the sums which may be due from the employee or beneficiary shall in no way cause the employer obligation for the total liability to be lessened.
[ 1982 1st ex.s. c 52 § 33.]
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 41.50 - Department of Retirement Systems. › 41.50.145 - Plan 3—Loss of investment return due to error—Liability.

RCW 41.50.145
Plan 3—Loss of investment return due to error—Liability.
(1) If the department determines that due to employer error a member of plan 3 has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.
(2) If the department determines that due to departmental error a member of plan 3 has suffered a loss of investment return, the department shall credit to the member's account from the appropriate retirement system combined plan 2 and 3 fund the amount determined by the department as necessary to correct the error.
[ 1999 c 223 § 2; 1998 c 341 § 515.]
NOTES:
Effective date—1999 c 223: "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 [May 10, 1999]." [ 1999 c 223 § 4.]
Effective date—1998 c 341: See note following RCW 41.34.060.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.152 - Payment of excess compensation—Public notice requirements.

RCW 41.50.152
Payment of excess compensation—Public notice requirements.
(1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.35, 41.37, or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with members under chapter 41.32, 41.35, 41.37, or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means any payment in lieu of an accrual of annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that includes a compensation provision listed in subsection (1) of this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW. This notification requirement may be accomplished as part of the approval process for adopting a contract in whole, and does not require separate or additional open public meetings. At the public meeting, full disclosure shall be made of the nature of the proposed compensation provision, and the employer's estimate of the excess compensation billings under RCW 41.50.150 that the employing entity would have to pay as a result of the proposed compensation provision. The employer shall notify the department of its compliance with this section at the time the department bills the employer under RCW 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are adopted after July 23, 1995.
(3) The requirements of subsection (2) of this section shall not apply to the adoption of a compensation provision listed in subsection (1) of this section if the compensation would not be includable in calculating benefits under chapter 41.32, 41.35, 41.37, or 41.40 RCW for the employees covered by the compensation provision.
[ 2004 c 242 § 48; 1998 c 341 § 510; 1995 c 387 § 1.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.155 - Erroneous withdrawals of contributions—Restoration.

RCW 41.50.155
Erroneous withdrawals of contributions—Restoration.
(1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems listed in RCW 41.50.030 in contravention of the restrictions on withdrawal for the particular system, the member shall no longer be entitled to credit for the period of service represented by the withdrawn contributions. The erroneous withdrawal shall be treated as an authorized withdrawal, subject to all conditions imposed by the member's system for restoration of withdrawn contributions. Failure to restore the contributions within the time permitted by the system shall constitute a waiver by the member of any right to receive a retirement allowance based upon the period of service represented by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to June 9, 1994, shall be subject to the provisions of this section. The deadline for restoring the prior erroneous withdrawals shall be five years from June 9, 1994, for members who are currently active members of a system.
[ 1994 c 177 § 4.]
NOTES:
Findings—1994 c 177: See note following RCW 41.50.125.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.160 - Restoration of withdrawn contributions.

RCW 41.50.160
Restoration of withdrawn contributions.
The department of retirement systems shall incorporate the development of individual member accounts receivable into its information systems projects for fiscal years 1993 and 1994, so that by January 1, 1994, members of state retirement systems who are otherwise eligible to restore previously withdrawn contributions have the option to make restoration in a manner determined by the department.
[ 1994 c 197 § 31; 1992 c 195 § 2.]
NOTES:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.165 - Establishing, restoring service credit—Conditions.

RCW 41.50.165
Establishing, restoring service credit—Conditions.
(1) Except for those affected by subsection (4) of this section, a member of a retirement system specified by RCW 41.50.030 or, one previously established by the state but closed to new membership, may, as provided in each retirement system:
(a) Establish allowable membership service not previously credited;
(b) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(c) Restore service credit represented by a lump sum payment in lieu of benefits.
(2) Persons who previously have failed to:
(a) Establish service credit for service previously earned; or
(b) Reestablish service credit by the restoration of withdrawn contributions or repayment of a lump sum payment in lieu of a benefit, may now establish or reestablish such service credit by paying the actuarial value of the resulting increase in their benefit in a manner defined by the department.
(3) Any establishment of service credit for service previously rendered, restoration of service credit destroyed, or repayment of a lump sum received in lieu of benefit must be completed prior to retirement.
(4) Service credit is established for or restored to the period in which the service credit is earned.
[ 1994 c 197 § 2.]
NOTES:
Intent—1994 c 197: "(1) This act removes the time limitations within the state's retirement systems for:
(a) The restoration of service credit represented by employee contributions withdrawn by a member of a state's retirement systems; or
(b) The crediting of certain service that, under the provisions of the system, was not creditable at the time it was performed, such as a probationary period or interrupted military service.
(2) This act expands the current procedures for establishing service credit previously earned, restoring withdrawn contributions, or repaying lump sums received in lieu of a benefit. In so doing, it allows the member of one of the state's retirement systems to obtain additional service credit by paying the value of this added benefit that was previously unavailable." [ 1994 c 197 § 1.]
Severability—1994 c 197: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1994 c 197 § 37.]
Effective date—1994 c 197: "This act shall take effect January 1, 1995." [ 1994 c 197 § 38.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.170 - Notification of restoration rights.

RCW 41.50.170
Notification of restoration rights.
Upon termination for reasons other than retirement, the department shall inform a member withdrawing his or her contributions, and the member shall acknowledge in writing, of the right to restore such contributions upon reestablishment of membership in the respective retirement system and the requirements involved in such restoration.
[ 1994 c 197 § 3.]
NOTES:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.175 - Adoption of rules.

RCW 41.50.175
Adoption of rules.
The department shall adopt rules under chapter 34.05 RCW implementing and administering chapter 197, Laws of 1994. These rules are to include, but are not limited to:
(1) The application and calculation of actuarial value, with the agreement of the state actuary; and
(2) Establishing the minimum partial payment or the minimum units of restored service, or both.
[ 1994 c 197 § 4.]
NOTES:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.180 - Inactive accounts—Identification, closing, and refund.

RCW 41.50.180
Inactive accounts—Identification, closing, and refund.
(1) By January 1, 2022, the department will establish by rule an effective means of:
(a) Identifying inactive accounts of nonvested members of the retirement systems listed in RCW 41.50.030 whose account balance is less than one thousand dollars; and
(b) Providing for the orderly closing and refunding of member account balances in those accounts in accordance with the federal internal revenue code.
(2) The refund of a member's account balance will terminate all rights to future benefits, unless otherwise restored under the rules for each of the respective retirement systems.
[ 2021 c 189 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.200 - Subdivision of retirement system funds.

RCW 41.50.200
Subdivision of retirement system funds.
In the records of the teachers' retirement system the teachers' retirement system plan 1 fund shall be subdivided into the member reserve, the pension reserve, and other funds as may from time to time be created by the director for the purpose of the internal accounting record. The director may adopt rules creating or deleting funds as he or she deems necessary.
[ 1992 c 212 § 2; 1991 c 35 § 32; 1989 c 273 § 16; 1982 1st ex.s. c 52 § 7; 1969 ex.s. c 150 § 1; 1963 ex.s. c 14 § 2; 1955 c 274 § 2; 1947 c 80 § 3; Rem. Supp. 1947 § 4995-28. Prior: 1941 c 97 § 2, part; 1937 c 221 § 3, part; 1923 c 187 § 5, part; Rem. Supp. 1941 § 4995-3, part. Formerly RCW 41.32.030.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Effective date—1969 ex.s. c 150: "The provisions of sections 1 through 20 of this 1969 amendatory act shall take effect on July 1, 1969." [ 1969 ex.s. c 150 § 21.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.205 - Records—Teachers' retirement system annual report.

RCW 41.50.205
Records—Teachers' retirement system annual report.
The department shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the Washington state teachers' retirement system for the preceding school year; the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.
[ 1991 c 35 § 33; 1969 ex.s. c 150 § 4; 1947 c 80 § 12; Rem. Supp. 1947 § 4995-31. Prior: 1941 c 97 § 2, part; 1937 c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly RCW 41.32.120.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.210 - Medical director.

RCW 41.50.210
Medical director.
The director shall designate a medical director. If required, other physicians may be employed to report on special cases. The medical director shall arrange for and pass upon all medical examinations required under the provisions of chapter 41.32 RCW, investigate all essential statements and certificates by or on behalf of a member in connection with an application for a disability allowance, and report in writing to the board of trustees the conclusions and recommendations upon all matters under referral.
[ 1992 c 72 § 10; 1991 c 35 § 34; 1947 c 80 § 13; Rem. Supp. 1947 § 4995-32. Prior: 1941 c 97 § 2, part; 1937 c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly RCW 41.32.130.]
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 41.50 - Department of Retirement Systems. › 41.50.215 - Teachers' retirement system funds—Annual interest to be credited.

RCW 41.50.215
Teachers' retirement system funds—Annual interest to be credited.
From interest and other earnings on the moneys of the Washington state teachers' retirement system, and except as otherwise provided in *RCW 41.32.499, at the close of each fiscal year the department shall make an allowance of regular interest on the balance which was on hand at the beginning of the fiscal year in each of the teachers' retirement system funds as they may deem advisable; however, no interest shall be credited to the expense fund.
[ 1992 c 212 § 6; 1991 c 35 § 36; 1973 1st ex.s. c 189 § 7; 1955 c 274 § 5; 1947 c 80 § 19; Rem. Supp. 1947 § 4995-38. Prior: 1941 c 97 § 6, part; 1939 c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 § 4995-7, part. Formerly RCW 41.32.190.]
NOTES:
*Reviser's note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1973 1st ex.s. c 189: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 189 § 12.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.220 - Trustees, employees not to guarantee loans.

RCW 41.50.220
Trustees, employees not to guarantee loans.
No trustee or employee of the department shall become an endorser or surety or an obligor for moneys loaned by the department.
[ 1991 c 35 § 37; 1947 c 80 § 23; Rem. Supp. 1947 § 4995-42. Prior: 1941 c 97 § 6, part; 1939 c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 § 4995-7, part. Formerly RCW 41.32.230.]
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 41.50 - Department of Retirement Systems. › 41.50.230 - Employer reports to department.

RCW 41.50.230
Employer reports to department.
On or before a date specified by the department in each month every employer shall file a report with the department on a form provided, stating the name of the employer and with respect to each employee who is a member or who is required to become a member of the Washington state teachers' retirement system: (1) The full name, (2) the earnable compensation paid, (3) the employee's contribution to the retirement system, and (4) other information as the department shall require.
[ 1991 c 35 § 51; 1983 c 56 § 14; 1975-'76 2nd ex.s. c 16 § 1. Prior: 1975 1st ex.s. c 275 § 150; 1975 c 43 § 32; 1969 ex.s. c 176 § 96; 1967 c 50 § 4; 1963 ex.s. c 14 § 13; 1947 c 80 § 42; Rem. Supp. 1947 § 4995-61. Formerly RCW 41.32.420.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050.
Effective date—1969 ex.s. c 176: See note following RCW 41.32.010.
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.235 - Teachers' retirement system salary deductions.

RCW 41.50.235
Teachers' retirement system salary deductions.
Every officer authorized to issue salary warrants to teachers shall deduct from the salary payments to any member of the Washington state teachers' retirement system plan 1 regularly employed an amount which will result in total deductions of six percent of the amount of earnable compensation paid in any fiscal year. These deductions shall be transmitted and reported to the retirement system as directed by the department.
[ 1991 c 35 § 52; 1967 c 50 § 5; 1963 ex.s. c 14 § 14; 1955 c 274 § 20; 1947 c 80 § 43; Rem. Supp. 1947 § 4995-62. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937 c 221 § 6, part; Rem. Supp. 1941 § 4995-6, part. Formerly RCW 41.32.430.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.240 - Duties of payroll officer.

RCW 41.50.240
Duties of payroll officer.
The person responsible for making up the payroll shall transmit promptly to the department at the end of each and every payroll period a copy of the original payroll voucher or such other payroll report as the department may require showing thereon all deductions for contributions for the teachers' retirement system made from the earnable compensation of a member of the teachers' retirement system together with warrants or checks covering the total of such deductions. The department shall place such moneys into the proper funds established in this chapter.
[ 1977 ex.s. c 293 § 17. Formerly RCW 41.32.830.]
NOTES:
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW 41.32.755.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.255 - Payment of legal and medical expenses of retirement systems.

RCW 41.50.255
Payment of legal and medical expenses of retirement systems.
The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, the school employees' retirement system, the public safety employees' retirement system, or the law enforcement officers' and firefighters' retirement system lawful obligations of the appropriate system for legal expenses and medical expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.
The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in investigating fraud and collecting overpayments, including expenses incurred to review and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Recovered funds must be returned to the appropriate trust funds.
[ 2004 c 242 § 49; 1998 c 341 § 511; 1995 c 281 § 1; 1993 sp.s. c 24 § 916; 1991 c 35 § 73; 1984 c 184 § 7. Formerly RCW 41.40.083.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "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 shall take effect July 1, 1995." [ 1995 c 281 § 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.260 - Public employees' retirement system funds created.

RCW 41.50.260
Public employees' retirement system funds created.
For the purpose of the internal accounting record of the public employees' retirement system and not the segregation of moneys on deposit with the state treasurer there are hereby created the employees' savings fund, the benefit account fund, and such other funds as the director may from time to time create.
(1) The employees' savings fund shall be the fund in which shall be accumulated the contributions from the compensation of public employees' retirement system members. The director shall provide for the maintenance of an individual account for each member of the public employees' retirement system showing the amount of the member's contributions together with interest accumulations thereon. The contributions of a member returned to the former employee upon the individual's withdrawal from service, or paid in event of the employee's or former employee's death, as provided in chapter 41.40 RCW, shall be paid from the employees' savings fund. The accumulated contributions of a member, upon the commencement of the individual's retirement, shall be transferred from the employees' savings fund to the benefit account fund.
(2) The benefit account fund shall be the fund in which shall be accumulated the reserves for the payment of all public employees' retirement system retirement allowances and death benefits, if any, in respect of any beneficiary. The amounts contributed by all public employees' retirement system employers to provide pension benefits shall be credited to the benefit account fund. The benefit account fund shall be the fund from which shall be paid all public employees' retirement system retirement allowances, or benefits in lieu thereof because of which reserves have been transferred from the employees' savings fund to the benefit account fund. At the time a recipient of a retirement allowance again becomes a member of the public employees' retirement system, the department shall transfer from the benefit account fund to the employees' savings fund and credit to the individual account of such a member a sum equal to the excess, if any, of the individual's account at the date of the member's retirement over any service retirement allowance received since that date.
[ 1992 c 212 § 11; 1991 c 35 § 74; 1982 1st ex.s. c 52 § 18; 1973 1st ex.s. c 190 § 4; 1972 ex.s. c 151 § 2; 1967 c 127 § 2; 1963 c 174 § 7; 1953 c 200 § 4; 1949 c 240 § 6; 1947 c 274 § 11; Rem. Supp. 1949 § 11072-11. Formerly RCW 41.40.100.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.