Revised Code of Washington
Chapter 41.32 - Teachers' Retirement.
41.32.052 - Exemption from taxation and judicial process—Exceptions—Nonassignability—Deductions authorized.

RCW 41.32.052
Exemption from taxation and judicial process—Exceptions—Nonassignability—Deductions authorized.

(1) Subject to subsections (2) and (3) of this section, the right of a person to a pension, an annuity, a retirement allowance, or disability allowance, to the return of contributions, any optional benefit or death benefit, any other right accrued or accruing to any person under the provisions of this chapter and the moneys in the various funds created by this chapter shall be unassignable, and 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 other process of law whatsoever whether the same be in actual possession of the person or be deposited or loaned.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its political subdivisions;
(b) Under a group health care benefit plan approved pursuant to RCW 28A.400.350 or 41.05.065 from authorizing monthly deductions therefrom, of the amount or amounts of subscription payments, premiums, or contributions to any person, firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment of dues and other membership fees to any retirement association composed of retired teachers and/or public employees pursuant to a written agreement between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be made in accordance with rules that may be adopted by the director.
(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 § 20. Prior: 1991 c 365 § 21; 1991 c 35 § 63; 1989 c 360 § 25; 1987 c 326 § 23; 1982 c 135 § 1; 1981 c 294 § 13; 1979 ex.s. c 205 § 5; 1971 c 63 § 1; 1961 c 132 § 5; 1947 c 80 § 59; Rem. Supp. 1947 § 4995-78; prior: 1937 c 22 § 9; 1917 c 163 § 19. Formerly RCW 41.32.590.]
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.


Severability—1981 c 294: See note following RCW 41.26.115.


Effective date—1961 c 132: See note following RCW 41.32.240.

Structure Revised Code of Washington

Revised Code of Washington

Title 41 - Public Employment, Civil Service, and Pensions

Chapter 41.32 - Teachers' Retirement.

41.32.005 - Provisions applicable to "plan 1," "plan 2," and "plan 3."

41.32.010 - Definitions.

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

41.32.013 - Substitute teachers—Application for service credit—Procedures.

41.32.020 - Name of system.

41.32.025 - Department's power to determine eligibility.

41.32.032 - Membership in system—Service credit of educational staff associates.

41.32.033 - Membership in system—Charter school employers and employees.

41.32.035 - Employer contribution rates—Computation and payment.

41.32.042 - Validity of deductions—Interest.

41.32.044 - Retired teacher may reenter system—Benefit limitations.

41.32.052 - Exemption from taxation and judicial process—Exceptions—Nonassignability—Deductions authorized.

41.32.053 - Death benefit—Course of employment—Occupational disease or infection.

41.32.054 - Disability retirement—Criminal conduct.

41.32.055 - Falsification—Penalty.

41.32.062 - Effect of certain accumulated vacation leave on retirement benefits.

41.32.063 - Benefit calculation—Limitation.

41.32.064 - Establishing, restoring service credit.

41.32.0641 - Disabled in the line of duty—Continuation of service credit—Conditions.

41.32.065 - Election to use out-of-state service credit to calculate time at which the member may retire.

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

41.32.067 - Purchase of additional benefits—Conditions.

41.32.215 - Provisions applicable to plan 1.

41.32.240 - Membership in system.

41.32.260 - Credit for military service or as state legislator.

41.32.263 - State legislators and state officials eligible for retirement benefits.

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

41.32.270 - Teaching service, how credited.

41.32.300 - Limitation on credit for out-of-state service.

41.32.310 - Time limit for claiming service credit—Payments.

41.32.330 - Credit for professional preparation subsequent to becoming teacher.

41.32.340 - Creditable service, what to consist of.

41.32.345 - "Earnable compensation" defined for certain part-time employees—Adoption of rules.

41.32.350 - Purchase of additional annuity—Member contribution rate.

41.32.380 - Source of pension reserve—Contributions.

41.32.390 - Contributions for prior service credits.

41.32.470 - Eligibility for retirement allowance.

41.32.480 - Qualifications for retirement.

41.32.483 - Annual increase amount—Legislature's rights reserved—No additional increases after June 30, 2011.

41.32.485 - Minimum retirement allowance—Cost-of-living adjustment—Post-retirement adjustment—Computation.

41.32.4851 - Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.

41.32.4872 - Permanent increase for specified beneficiaries age seventy or over.

41.32.489 - Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.

41.32.4931 - Additional special pension for former members not receiving social security.

41.32.4945 - Limitation as to earnable compensation of member as member of the legislature.

41.32.497 - Retirement allowance for members entering system before April 25, 1973—Election.

41.32.498 - Retirement allowance for members entering system after April 25, 1973, or in lieu of allowance under RCW 41.32.497.

41.32.4986 - Members with thirty years of service—Irrevocable election.

41.32.4991 - Permanent retirement allowance adjustment.

41.32.4992 - Monthly benefit increase.

41.32.500 - Termination of membership.

41.32.510 - Payment on withdrawal—Reentry.

41.32.520 - Payment on death before retirement or within sixty days following application for disability retirement—Military service.

41.32.522 - Death benefits.

41.32.523 - Death benefits—Members not qualified for benefits under RCW 41.32.522 and retired former members.

41.32.530 - Options available—Retirement allowance adjustment—Court-approved property settlement.

41.32.540 - Disability allowance—Temporary.

41.32.550 - Options and allowances on report that disability will be permanent—Reexamination.

41.32.555 - Persons with annual half-time contracts—Eligibility for benefits under RCW 41.32.550.

41.32.570 - Postretirement employment—Reduction or suspension of pension payments.

41.32.581 - End of participation in judicial retirement account plan—Newly elected or appointed judges.

41.32.584 - Additional benefit for justices or judges—One-time irrevocable election.

41.32.587 - Justices or judges retirement allowance—In lieu of RCW 41.32.498.

41.32.755 - Provisions applicable to plan 2.

41.32.760 - Computation of the retirement allowance.

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

41.32.765 - Retirement for service.

41.32.768 - Member with terminal illness—Removal from system.

41.32.770 - Post-retirement cost-of-living.

41.32.780 - Teachers required to be members.

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

41.32.790 - Earned disability allowance—Eligibility—Disposition upon death of recipient.

41.32.795 - Application for and effective date of retirement allowances.

41.32.800 - Suspension of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reinstatement.

41.32.802 - Reduction of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reestablishment of membership.

41.32.805 - Death benefits.

41.32.810 - Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.

41.32.812 - Service credit for half-time employment from October 1, 1977, through December 31, 1986.

41.32.813 - One-time purchase of service credit—Conditions—Payment—Rules.

41.32.815 - Vested membership.

41.32.817 - Transfer to plan 3—Irrevocable option.

41.32.818 - Public employees' retirement system members who previously declined membership in the teachers' retirement system—Transfer to plan 3—Irrevocable option.

41.32.820 - Refund of contributions on termination.

41.32.825 - Reentry.

41.32.831 - Provisions applicable to plan 3—Plan 3 elements.

41.32.835 - Choice of membership in plan 2 or plan 3.

41.32.836 - Higher education faculty—Option to transfer to plan 3—Limitation on supplemental benefits under RCW 28B.10.400.

41.32.837 - Right to waive benefit—Irrevocable choice.

41.32.840 - Computation of the retirement allowance.

41.32.8401 - Additional payment.

41.32.845 - Postretirement cost-of-living allowance.

41.32.851 - Options for payment of retirement allowances—Court-approved property settlement.

41.32.855 - Application for and effective date of retirement allowances.

41.32.860 - Suspension of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reinstatement.

41.32.862 - Reduction of retirement allowance upon reemployment or if covered by a plan under RCW 28B.10.400—Reestablishment of membership.

41.32.865 - Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.

41.32.867 - Purchased service credit—Allocation.

41.32.868 - One-time purchase of service credit—Conditions—Payment—Rules.

41.32.870 - Lump sum payments—Reentry.

41.32.875 - Retirement eligibility.

41.32.878 - Member with terminal illness—Removal from system.

41.32.880 - Earned disability allowance—Eligibility—Disposition upon death of recipient.

41.32.892 - Restored, purchased service credit under plan 2—Transfer to plan 3.

41.32.895 - Death benefits.