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.]
Structure 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."
41.40.015 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.40.020 - System created—Administration.
41.40.025 - Membership in system—Charter school employers and employees.
41.40.034 - Purchase of additional service credit—Costs—Rules.
41.40.038 - Duty disability retirement recipients—Continued service credit.
41.40.042 - Members agree to deductions.
41.40.048 - Employer's contribution—Computation—Billing.
41.40.054 - Disability retirement—Criminal conduct.
41.40.055 - Penalty for false statements.
41.40.058 - Transfer of service credit from statewide city employees' retirement system.
41.40.059 - Credit for service in Seattle's police relief and pension fund system.
41.40.068 - Hearing prior to appeal—Required—Notice.
41.40.073 - Hearing prior to appeal—Conduct of hearing.
41.40.078 - Judicial review in accordance with administrative procedure act.
41.40.082 - Appeal—No bond required.
41.40.088 - Education employment—Service credit—Computation.
41.40.092 - Transfer of cadet service credit to Washington state patrol retirement system.
41.40.0932 - Death benefit—Course of employment—Occupational disease or infection.
41.40.095 - Transfer of membership from judicial retirement system.
41.40.096 - Law enforcement officers—Dual membership—Plan 1 exception.
41.40.098 - Transfer of former service from judicial retirement system.
41.40.102 - Effect of certain accumulated vacation leave on retirement benefits.
41.40.103 - Benefit calculation—Limitation.
41.40.104 - Establishing, restoring service credit.
41.40.1041 - Prior service for plan 2 or 3 members—One-half service credit.
41.40.105 - Chapter not applicable to officers and employees of state convention and trade center.
41.40.109 - Retirement system employer—Termination of status.
41.40.111 - Retirement system employer—Unit of government.
41.40.113 - Public safety employees' retirement system—Election—Membership.
41.40.127 - Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.131 - Purchase of life annuity benefit.
41.40.145 - Provisions applicable to plan 1.
41.40.150 - Termination of membership—Restoration of service credit.
41.40.160 - Creditable service.
41.40.163 - Purchase of service credit—Service at Washington State University.
41.40.170 - Credit for military service.
41.40.180 - Retirement—Length of service.
41.40.185 - Retirement allowances—Members retiring after February 25, 1972.
41.40.189 - Retirement allowance—Adjustment eligibility.
41.40.190 - Retirement allowance—In lieu of allowance provided in RCW 41.40.185.
41.40.191 - Retirement allowance—Members with thirty years of service—Irrevocable election.
41.40.193 - Dates upon which retirement allowances accrue.
41.40.197 - Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
41.40.1971 - Definition—"Beneficiary."
41.40.1985 - Permanent retirement allowance adjustment.
41.40.1986 - Permanent increase for specified beneficiaries age seventy or over.
41.40.1987 - Monthly benefit increase.
41.40.200 - Retirement for disability in line of duty—Applicability to certain judges.
41.40.210 - Duty disability retirement allowance for disability after age sixty.
41.40.220 - Allowance on retirement for duty disability—Before sixty.
41.40.230 - Nonduty disability—Applicability to certain judges.
41.40.235 - Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
41.40.250 - Allowance on retirement for nonduty disability—Election.
41.40.260 - Withdrawal from system—Refund of contributions—Waiver of allowance, when.
41.40.262 - Elected officials—Restoration of withdrawn contributions.
41.40.280 - Department may withhold refunds of contributions.
41.40.300 - Benefits offset by workers' compensation or similar benefits.
41.40.320 - Disability beneficiary—Restoration to service.
41.40.363 - Employer's contributions—Labor guild, association or organization.
41.40.404 - Justices or judges retirement allowance—In lieu of RCW 41.40.185.
41.40.408 - District or municipal court judges retirement allowances—In lieu of RCW 41.40.185.
41.40.610 - Provisions applicable to plan 2.
41.40.620 - Computation of the retirement allowance.
41.40.625 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.40.630 - Retirement for service.
41.40.633 - Member with terminal illness—Removal from system.
41.40.640 - Post-retirement cost-of-living.
41.40.680 - Application for and effective date of retirement allowances.
41.40.690 - Suspension of retirement allowance upon reemployment—Exceptions—Reinstatement.
41.40.720 - Vested membership.
41.40.730 - Refund of contributions.
41.40.763 - End of participation in chapter 41.28 RCW—Newly elected or appointed judges.
41.40.767 - Justices or judges retirement allowance—In lieu of RCW 41.40.620.
41.40.770 - District or municipal court judges retirement allowance—In lieu of RCW 41.40.620.
41.40.780 - Provisions applicable to plan 3—Plan 3 elements.
41.40.785 - Membership in plan 2 or plan 3—Irrevocable choice—Default.
41.40.787 - Right to waive benefit—Irrevocable choice.
41.40.790 - Computation of retirement allowance.
41.40.795 - Transfer period and basis—Additional transfer payment.
41.40.801 - Application for and effective date of retirement allowances.
41.40.805 - Leaves of absence—Military service.
41.40.811 - Purchased service credit—Allocation.
41.40.815 - Lump sum payments—Reentry.
41.40.820 - Retirement eligibility.
41.40.823 - Member with terminal illness—Removal from system.
41.40.825 - Disability allowance—Death of recipient.
41.40.830 - Restored, purchased service credit under plan 2—Transfer to plan 3.
41.40.840 - Postretirement cost-of-living.
41.40.845 - Options for payment of retirement allowances—Court-approved property settlement.
41.40.850 - Suspension of retirement allowance upon reemployment—Exception—Reinstatement.
41.40.873 - Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.877 - Justices or judges retirement allowance—In lieu of RCW 41.40.790.
41.40.880 - District or municipal court judges retirement allowance—In lieu of RCW 41.40.790.
41.40.920 - Effective date—1977 ex.s. c 295.
41.40.930 - Benefits not contractual right until March 1, 2002.