RCW 41.40.197
Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
(1) Beginning July 1, 1995, and annually thereafter through July 1, 2010, the retirement allowance of a person meeting the requirements of this section shall be increased by the annual increase amount.
(a) After July 1, 2010, those currently receiving benefits under this section will receive no additional annual increase amounts above the amount in effect on July 1, 2010, except for those who qualify under subsection (2)(b) of this section. This subsection shall not reduce retirement allowances below the amounts in effect on June 30, 2011.
(b) After July 1, 2010, no annual increase amounts may be provided to any beneficiaries who are not already receiving benefits under this section, except for those who qualify under subsection (2)(b) of this section.
(2) The following persons shall be eligible for the benefit provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year by July 1st in the calendar year in which the annual increase is given and has attained at least age sixty-six by December 31st in the calendar year in which the annual increase is given; or
(b) A beneficiary whose retirement allowance is lower than the minimum benefit provided under RCW 41.40.1984.
(3) If otherwise eligible, those receiving an annual adjustment under RCW 41.40.188(1)(c) shall be eligible for the annual increase adjustment in addition to the benefit that would have been received absent this section.
(4) Those receiving a benefit under RCW 41.40.220(1), or a survivor of a disabled member under RCW 41.44.170(5) shall be eligible for the benefit provided by this section.
(5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not granted prior to that time.
[ 2011 c 362 § 6; 2007 c 89 § 1; 2005 c 327 § 8; 1995 c 345 § 5.]
NOTES:
Finding—Intent—Effective date—2011 c 362: See notes following RCW 41.32.483.
Effective date—2007 c 89: "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 July 1, 2007." [ 2007 c 89 § 3.]
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.
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.