Revised Code of Washington
Chapter 41.26 - Law Enforcement Officers' and Firefighters' Retirement System.
41.26.053 - Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.

RCW 41.26.053
Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.

(1) Subject to subsections (2) and (3) of this section, the right of a person to a retirement allowance, disability allowance, or death benefit, to the return of accumulated contributions, the retirement, disability or death allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, and the moneys in the fund created under this chapter, are hereby exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever, whether the same be in actual possession of the person or be deposited or loaned and shall be unassignable.
(2) On the written request of any person eligible to receive benefits under this section, the department may deduct from such payments the premiums for life, health, or other insurance. The request on behalf of any child or children shall be made by the legal guardian of such child or children. The department may provide for such persons one or more plans of group insurance, through contracts with regularly constituted insurance carriers or health care service contractors.
(3) Subsection (1) of this section shall not prohibit the department from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to *RCW 26.23.060, (d) a mandatory benefits assignment order issued by the department, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.

[ 2012 c 159 § 21. Prior: 1991 c 365 § 20; 1991 c 35 § 25; 1989 c 360 § 24; 1987 c 326 § 22; 1979 ex.s. c 205 § 4; 1971 ex.s. c 257 § 12; 1970 ex.s. c 6 § 15; 1969 ex.s. c 209 § 23. Formerly RCW 41.26.180.]
NOTES:

*Reviser's note: RCW 26.23.060 was amended by 2021 c 35 § 15, changing "notice of payroll deduction" to "income withholding order."


Severability—1991 c 365: See note following RCW 41.50.500.


Intent—1991 c 35: See note following RCW 41.26.005.


Effective date—1987 c 326: See RCW 41.50.901.


Purpose—Severability—1971 ex.s. c 257: See notes following RCW 41.26.030.

Structure Revised Code of Washington

Revised Code of Washington

Title 41 - Public Employment, Civil Service, and Pensions

Chapter 41.26 - Law Enforcement Officers' and Firefighters' Retirement System.

41.26.005 - Provisions applicable to "plan 1" and "plan 2."

41.26.010 - Short title.

41.26.020 - Purpose of chapter.

41.26.030 - Definitions.

41.26.035 - "Minimum medical and health standards" defined.

41.26.040 - System created—Membership—Funds.

41.26.045 - Minimum medical and health standards.

41.26.046 - Minimum medical and health standards—Board to adopt—Publication and distribution—Employer certification procedures.

41.26.047 - Minimum medical and health standards—Exemptions—Employer may adopt higher standards.

41.26.048 - Special death benefit—Death in the course of employment—Death from disease or infection arising from employment—Annual adjustment.

41.26.053 - Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.

41.26.056 - No bond required on appeal to court.

41.26.057 - Benefit calculation—Limitation.

41.26.059 - Establishing, restoring service credit.

41.26.061 - Disability retirement—Criminal conduct.

41.26.062 - Falsification—Penalty.

41.26.075 - Provisions applicable to plan 1.

41.26.080 - Funding total liability of plan 1 system.

41.26.090 - Retirement for service.

41.26.100 - Allowance on retirement for service.

41.26.105 - Purchase of actuarially equivalent life annuity benefit upon retirement—Purchase by past retirees.

41.26.110 - Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.

41.26.115 - Director of retirement systems to adopt rules governing disability boards—Remand of orders not in accordance with rules.

41.26.120 - Retirement for disability incurred in the line of duty.

41.26.125 - Retirement for disability not incurred in the line of duty.

41.26.130 - Allowance on retirement for disability.

41.26.135 - Cessation of disability—Determination.

41.26.140 - Reexaminations of disability beneficiaries—Reentry—Appeal.

41.26.150 - Sickness or disability benefits—Medical services.

41.26.160 - Death benefits—Duty or military service connected.

41.26.161 - Death benefits—Nonduty connected.

41.26.162 - Ex spouse qualifying as surviving spouse.

41.26.164 - Optional reduced retirement allowance—Continues for spouse otherwise ineligible for survivor benefits.

41.26.170 - Refund of contributions on discontinuance of service—Reentry.

41.26.190 - Credit for military service.

41.26.192 - Credit for service under prior pension system—Restoration of withdrawn contributions.

41.26.194 - Credit for service under prior pension system—Service not covered under prior system.

41.26.195 - Transfer of service credit from other retirement system—Irrevocable election allowed.

41.26.197 - Service credit for paid leave of absence—Application to elected officials of labor organizations.

41.26.199 - Purchase of additional service credit—Costs—Rules.

41.26.200 - Appeal to director of retirement systems.

41.26.211 - Notice for hearing required prior to petitioning for judicial review.

41.26.221 - Hearing—Conduct.

41.26.240 - Increases or decreases in retirement allowances to be determined by department in accordance with consumer price index.

41.26.250 - Increase in presently payable benefits for service or disability authorized.

41.26.260 - Increase in certain presently payable death benefits authorized.

41.26.270 - Declaration of policy respecting benefits for injury or death—Civil actions abolished.

41.26.281 - Cause of action for injury or death, when.

41.26.291 - Lump sum defined benefit—Payable January 31, 2023.

41.26.3901 - Severability—1969 ex.s. c 209.

41.26.3902 - Act to control inconsistencies.

41.26.3903 - Effective date—1969 ex.s. c 209.

41.26.410 - Provisions applicable to plan 2.

41.26.420 - Computation of the retirement allowance.

41.26.425 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.

41.26.430 - Retirement for service.

41.26.432 - Additional service credit purchase—Rules.

41.26.435 - Transfer of service credit from other retirement system—Enforcement officer for department of fish and wildlife.

41.26.436 - Transfer of service credit from other retirement system—Firefighter serving at a prison or civil commitment center on an island.

41.26.440 - Post-retirement cost-of-living.

41.26.450 - Port districts and institutions of higher education—Employer and state contributions—Recovery of contributions.

41.26.460 - Options for payment of retirement allowances—Retirement allowance adjustment—Court-approved property settlement.

41.26.463 - Optional actuarially equivalent life annuity benefit—Rules—Definition.

41.26.470 - Earned disability allowance—Cancellation of allowance—Reentry—Receipt of service credit while disabled—Conditions—Disposition upon death of recipient—Disabled in the line of duty—Total disability—Reimbursement for certain payments—Disable...

41.26.473 - Disabled in the line of duty—Continuation of service credit—Conditions.

41.26.476 - Use of shared leave—Impact on calculation of service credit and final average salary.

41.26.480 - Industrial insurance.

41.26.490 - Application for and effective date of retirement allowances.

41.26.500 - Suspension of retirement allowance upon reemployment—Reinstatement—Option to enter into membership.

41.26.510 - Death benefits.

41.26.520 - Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service, death or disability while providing emergency management services.

41.26.530 - Vested membership.

41.26.540 - Refund of contributions on termination.

41.26.545 - Emergency medical technicians—Establishing service credit—Dates—Process—Contributions.

41.26.546 - Emergency medical technicians—Member elects to transfer under RCW 41.26.545—Death—Retirement for disability.

41.26.547 - Emergency medical technicians—Job relocation—Retirement options.

41.26.550 - Reentry.

41.26.555 - Lump sum defined benefit—Payable January 31, 2023.

41.26.700 - Overview—Intent.

41.26.705 - Intent—2003 c 2.

41.26.710 - Definitions.

41.26.715 - Board of trustees—Created—Selection of trustees—Terms of office—Vacancies.

41.26.7151 - Board of trustees—Political party representation.

41.26.717 - Additional duties and powers of board.

41.26.720 - Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.

41.26.725 - Board of trustees—Contributions—Minimum and increased benefits.

41.26.730 - Joint committee on pension policy—Pension funding council.

41.26.732 - Plan 2 expense fund—Board oversight and administration—State investment board.

41.26.735 - Asset management.

41.26.740 - Reimbursement for expenses.

41.26.802 - Local law enforcement officers' and firefighters' retirement system benefits improvement account—Transfers.

41.26.805 - Local law enforcement officers' and firefighters' retirement system benefits improvement account—Creation—Use—Administration—Investments.

41.26.904 - Effective date—2003 c 2 (Initiative Measure No. 790).

41.26.906 - Effective date—2003 c 92.

41.26.921 - Effective date—1977 ex.s. c 294.

41.26.922 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.