RCW 41.40.805
Leaves of absence—Military service.
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit.
(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if:
(a) The member makes the contribution on behalf of the employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average of the member's earnable compensation at both the time the authorized leave of absence was granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to enter the uniformed services of the United States shall be entitled to retirement system service credit for up to five years of military service if within ninety days of the member's honorable discharge from the uniformed services of the United States, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the uniformed services. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
The department shall establish the member's service credit and shall bill the employer for its contribution required under RCW 41.45.060 and 41.45.067 for the period of military service, plus interest as determined by the department. Service credit under this subsection may be obtained only if the member makes the employee contribution to the defined contribution portion as determined by the department, or prior to retirement, the member provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005. Any member who made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and this amount shall be paid to him or her. Members with one or more periods of interruptive military service during a period of war may receive no more than five years of free retirement system service credit under this subsection.
The contributions required shall be based on the compensation the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member went on military leave.
(a) The surviving spouse or eligible child or children of a member who left the employ of an employer to enter the uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or eligible child or children:
(i) Provides to the director proof of the member's death while serving in the uniformed services;
(ii) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death; and
(iii) Pays the employee contributions required under this subsection within five years of the date of death or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to the distribution of any benefit, provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005, the surviving spouse or eligible child or children may, prior to the distribution of any benefit and on a form provided by the department, request a refund of the funds standing to the deceased member's credit for up to five years of such service, and this amount shall be paid to the surviving spouse or children. Members with one or more periods of interruptive military service during a period of war may receive no more than five years of free retirement system service credit under this subsection.
(b) A member who leaves the employ of an employer to enter the uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions required under this subsection within five years of the director's determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005. Any member who made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and this amount shall be paid to him or her. Members with one or more periods of interruptive military service credit during a period of war may receive no more than five years of free retirement system service credit under this subsection.
[ 2009 c 205 § 2; 2005 c 64 § 3; 2000 c 247 § 306.]
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.