RCW 41.40.190
Retirement allowance—In lieu of allowance provided in RCW 41.40.185.
In lieu of the retirement allowance provided in RCW 41.40.185, an individual employed on or before April 25, 1973 may, after complying with RCW 41.40.180 or 41.40.210, make an irrevocable election to receive the retirement allowance provided by this section which shall consist of:
(1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and
(2) A basic service pension of one hundred dollars per annum; and
(3) A membership service pension, subject to the provisions of subdivision (4) of this section, which shall be equal to one one-hundredth of his or her average final compensation for each year or fraction of a year of membership service credited to his or her service account; and
(4) A prior service pension which shall be equal to one-seventieth of his or her average final compensation for each year or fraction of a year of prior service not to exceed thirty years credited to his or her service accounts. In no event shall any original member upon retirement at age seventy with ten or more years of service credit receive less than nine hundred dollars per annum as a retirement allowance, nor shall any member upon retirement at any age receive a retirement allowance of less than nine hundred dollars per annum if such member has twelve or more years of service credit, or less than one thousand and two hundred dollars per annum if such member has sixteen or more years of service credit, or less than one thousand five hundred and sixty dollars per annum if such member has twenty or more years of service credit. In the event that the retirement allowance as to such member provided by subdivisions (1), (2), (3), and (4) hereof shall amount to less than the aforesaid minimum retirement allowance, the basic service pension of the member shall be increased from one hundred dollars to a sum sufficient to make a retirement allowance of the applicable minimum amount.
(5) Notwithstanding the provisions of subsections (1) through (4) of this section, the retirement allowance payable for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement allowance shall be equal to three percent of the average final compensation for each year of such service. Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement allowance of at least one thousand two hundred dollars per annum; such member who has served fifteen or more years shall receive a retirement allowance of at least one thousand eight hundred dollars per annum; and such member who has served twenty or more years shall receive a retirement allowance of at least two thousand four hundred dollars per annum: PROVIDED, That the initial retirement allowance of a member retiring only under the provisions of this subsection shall not exceed the average final compensation upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected under the provisions of Article II of the Washington state Constitution.
(6) Unless payment shall be made under RCW 41.40.270, a joint and one hundred percent survivor benefit under RCW 41.40.188 shall automatically be given effect as if selected for the benefit of the surviving spouse upon the death in service, or while on authorized leave of absence for a period not to exceed one hundred and twenty days from the date of payroll separation, of any member who is qualified for a service retirement allowance or has completed ten years of service at the time of death, except that if the member is not then qualified for a service retirement allowance, such option II benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.
[ 1990 c 249 § 8; 1987 c 143 § 3; 1973 1st ex.s. c 190 § 9; 1972 ex.s. c 151 § 6; 1971 ex.s. c 271 § 5; 1969 c 128 § 8; 1967 c 127 § 7; 1961 c 291 § 6; 1953 c 200 § 11; 1951 c 50 § 5; 1949 c 240 § 14; 1947 c 274 § 20; Rem. Supp. 1949 § 11072-20.]
NOTES:
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
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.