Revised Code of Washington
Chapter 43.43 - Washington State Patrol.
43.43.130 - Retirement fund created—Membership.

RCW 43.43.130
Retirement fund created—Membership.

(1) A Washington state patrol retirement fund is hereby established for members of the Washington state patrol which shall include funds created and placed under the management of a retirement board for the payment of retirement allowances and other benefits under the provisions hereof.
(2) Any employee of the Washington state patrol, upon date of commissioning, shall be eligible to participate in the retirement plan and shall start contributing to the fund immediately. Any employee of the Washington state patrol employed by the state of Washington or any of its political subdivisions prior to August 1, 1947, unless such service has been credited in another public retirement or pension system operating in the state of Washington shall receive full credit for such prior service but after that date each new commissioned employee must automatically participate in the fund. If a member shall terminate service in the patrol and later reenter, he or she shall be treated in all respects as a new employee.
(3)(a) A member who reenters or has reentered service within ten years from the date of his or her termination, shall upon completion of six months of continuous service and upon the restoration of all withdrawn contributions, plus interest as determined by the director, which restoration must be completed within five years after resumption of service, be returned to the status of membership he or she earned at the time of termination.
(b) A member who does not meet the time limitations for restoration under (a) of this subsection, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2) prior to retirement.
(4)(a) An employee of the Washington state patrol who becomes a member of the retirement system after June 12, 1980, and who has service as a cadet in the patrol training program may make an irrevocable election to transfer the service to the retirement system. Any member upon making such election shall have transferred all existing service credited in a prior public retirement system in this state for periods of employment as a cadet. Transfer of credit under this subsection is contingent on completion of the transfer of funds specified in (b) of this subsection.
(b) Within sixty days of notification of a member's cadet service transfer as provided in (a) of this subsection, the department of retirement systems shall transfer the employee's accumulated contributions attributable to the periods of service as a cadet, including accumulated interest.
(5) A member of the retirement system who has served or shall serve on active federal service in the armed forces of the United States pursuant to and by reason of orders by competent federal authority, who left or shall leave the Washington state patrol to enter such service, and who within one year from termination of such active federal service, resumes employment as a state employee, shall have his or her service in such armed forces credited to him or her as a member of the retirement system: PROVIDED, That no such service in excess of five years shall be credited unless such service was actually rendered during time of war or emergency.
(6) An active employee of the Washington state patrol who either became a member of the retirement system prior to June 12, 1980, and who has prior service as a cadet in the public employees' retirement system may make an irrevocable election to transfer such service to the retirement system within a period ending June 30, 1985, or, if not an active employee on July 1, 1983, within one year of returning to commissioned service, whichever date is later. Any member upon making such election shall have transferred all existing service credited in the public employees' retirement system which constituted service as a cadet together with the employee's contributions plus credited interest. If the employee has withdrawn the employee's contributions, the contributions must be restored to the public employees' retirement system before the transfer of credit can occur and such restoration must be completed within the time limits specified in this subsection for making the elective transfer.
(7) An active employee of the Washington state patrol who either became a member of the retirement system prior to June 12, 1980, or who has prior service as a cadet in the public employees' retirement system may make an irrevocable election to transfer such service to the retirement system if they have not met the time limitations of subsection (6) of this section by paying the amount required under RCW 41.50.165(2) less the contributions transferred. Any member upon making such election shall have transferred all existing service credited in the public employees' retirement system that constituted service as a cadet together with the employee's contributions plus credited interest. If the employee has withdrawn the employee's contributions, the contributions must be restored to the public employees' retirement system before the transfer of credit can occur and such restoration must be completed within the time limits specified in subsection (6) of this section for making the elective transfer.
(8) An active employee of the Washington state patrol may establish up to six months' retirement service credit in the state patrol retirement system for any period of employment by the Washington state patrol as a cadet if service credit for such employment was not previously established in the public employees' retirement system, subject to the following:
(a) Certification by the patrol that such employment as a cadet was for the express purpose of receiving on-the-job training required for attendance at the state patrol academy and for becoming a commissioned trooper.
(b) Payment by the member of employee contributions in the amount of seven percent of the total salary paid for each month of service to be established, plus interest at seven percent from the date of the probationary service to the date of payment. This payment shall be made by the member no later than July 1, 1988.
(c) If the payment required under (b) of this subsection was not made by July 1, 1988, the member may establish the probationary service by paying the amount required under RCW 41.50.165(2).
(d) A written waiver by the member of the member's right to ever establish the same service in the public employees' retirement system at any time in the future.
(9) The department of retirement systems shall make the requested transfer subject to the conditions specified in subsections (6) and (7) of this section or establish additional credit as provided in subsection (8) of this section. Employee contributions and credited interest transferred shall be credited to the employee's account in the Washington state patrol retirement system.

[ 2009 c 549 § 5125; 1994 c 197 § 33; 1987 c 215 § 1; 1986 c 154 § 1; 1983 c 81 § 2; 1980 c 77 § 2; 1965 c 8 § 43.43.130. Prior: 1953 c 262 § 2; 1951 c 140 § 2; 1947 c 250 § 2; Rem. Supp. 1947 § 6362-82.]
NOTES:

Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.


Effective date—1987 c 215: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 215 § 3.]


Effective date—1983 c 81: See note following RCW 43.43.120.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.43 - Washington State Patrol.

43.43.005 - Comprehensive outreach and marketing strategic plan.

43.43.010 - Patrol created.

43.43.012 - Chief for a day program.

43.43.013 - Donations, gifts, conveyances, devises, and grants.

43.43.015 - Affirmative action.

43.43.020 - Appointment of personnel.

43.43.030 - Powers and duties—Peace officers.

43.43.035 - Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.

43.43.037 - Legislature—Security and protection—Duty to provide.

43.43.040 - Disability of patrol officers.

43.43.050 - Tenure of patrol officers.

43.43.060 - Suspension or demotion of probationary officers.

43.43.070 - Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—Complaint—Hearing.

43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.

43.43.090 - Procedure at hearing.

43.43.100 - Review of order.

43.43.110 - Reinstatement on acquittal.

43.43.111 - Patrol officer vehicle accidents.

43.43.112 - Private law enforcement off-duty employment—Guidelines.

43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.

43.43.120 - Patrol retirement system—Definitions.

43.43.130 - Retirement fund created—Membership.

43.43.135 - Membership in more than one retirement system.

43.43.137 - Reestablishment of service credit by former members who are members of the public employees' retirement system—Conditions.

43.43.138 - Establishing, restoring service credit.

43.43.139 - Membership while serving as state legislator—Conditions.

43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.

43.43.165 - Board may receive contributions from any source.

43.43.220 - Retirement fund—Expenses.

43.43.230 - Total service credit.

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

43.43.235 - Service credit for paid leave of absence.

43.43.240 - Legal adviser.

43.43.250 - Retirement of members.

43.43.260 - Benefits—Military service credit.

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

43.43.264 - Benefit calculation—Limitation.

43.43.270 - Retirement allowances—Survivors of disabled members—Members commissioned before January 1, 2003.

43.43.271 - Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved property settlement.

43.43.274 - Minimum retirement allowance—Annual adjustment.

43.43.278 - Retirement option.

43.43.280 - Repayment of contributions on death or termination of employment—Election to receive reduced retirement allowance at age fifty-five.

43.43.285 - Special death benefit—Course of employment—Occupational disease or infection—Annual adjustment.

43.43.286 - Rights reserved to the legislature—No future contractual rights.

43.43.290 - Status in case of disablement.

43.43.295 - Accumulated contributions—Payment upon death of member.

43.43.310 - Benefits exempt from taxation and legal process—Assignability—Exceptions—Deductions for group insurance premiums or for state patrol memorial foundation contributions.

43.43.315 - Optional actuarially equivalent life annuity benefit.

43.43.320 - Penalty for falsification.

43.43.330 - Examinations for promotion.

43.43.340 - Eligible list, and promotions therefrom—Affirmative action.

43.43.350 - Determination of eligibility for examination for promotion.

43.43.360 - Probationary period.

43.43.370 - Staff or technical officers.

43.43.380 - Minimum salaries—Report.

43.43.390 - Bicycle awareness program—Generally.

43.43.395 - Ignition interlock devices—Standards—Compliance.

43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.

43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.

43.43.400 - Aquatic invasive species inspection and training.

43.43.480 - Routine traffic enforcement information.

43.43.490 - Routine traffic enforcement information—Data collection—Training materials on racial profiling.

43.43.500 - Crime information center—Established—Purpose—Functions.

43.43.510 - Crime information center—Files of general assistance to law enforcement agencies established—Runaway children—Information publicly available.

43.43.530 - Crime information center—Cost of terminal facilities.

43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.

43.43.545 - Statewide sexual assault kit tracking system.

43.43.546 - Statewide sexual assault kit tracking system—Participation by bureau of forensic laboratory services.

43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.

43.43.560 - Automatic fingerprint information system—Report.

43.43.570 - Automatic fingerprint identification system—Conditions for local establishment or operation—Rules.

43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.

43.43.585 - Washington background check advisory board.

43.43.590 - State firearms background check system account.

43.43.600 - Drug control assistance unit—Created.

43.43.610 - Drug control assistance unit—Duties.

43.43.620 - Drug control assistance unit—Additional duties—Information system on violations—Inter-unit communications network.

43.43.630 - Drug control assistance unit—Use of existing facilities and systems.

43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.

43.43.650 - Drug control assistance unit—Employment of necessary personnel.

43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.

43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.

43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.

43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.

43.43.700 - Identification and criminal history section.

43.43.705 - Identification data—Processing procedure—Definitions.

43.43.710 - Availability of information.

43.43.715 - Identification—Cooperation with other criminal justice agencies.

43.43.720 - Local identification and records systems—Assistance.

43.43.725 - Records as evidence.

43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.

43.43.735 - Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.

43.43.740 - Photographing and fingerprinting—Transmittal of data.

43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.

43.43.745 - Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local agencies—Registration of sex offenders.

43.43.750 - Use of force to obtain identification information—Liability.

43.43.751 - Biological samples for missing persons investigations.

43.43.752 - DNA identification system—Plan—Report.

43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.

43.43.7532 - DNA identification system—DNA database account.

43.43.754 - DNA identification system—Biological samples—Collection, use, testing—Scope and application of section.

43.43.7541 - DNA identification system—Collection of biological samples—Fee.

43.43.756 - DNA identification system—Analysis, assistance, and testimony services.

43.43.758 - DNA identification system—Local law enforcement systems—Limitations.

43.43.759 - DNA identification system—Rule-making requirements.

43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.

43.43.762 - Criminal street gang database—Information exempt from public disclosure.

43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.

43.43.770 - Unidentified deceased persons.

43.43.775 - Interagency contracts.

43.43.780 - Transfer of records, data, equipment to section.

43.43.785 - Criminal justice services—Consolidation—Establishment of program.

43.43.800 - Criminal justice services programs—Duties of executive committee.

43.43.810 - Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty.

43.43.815 - Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules.

43.43.820 - Stale records.

43.43.822 - County sheriff to forward registration information—Felony firearm offense conviction database—Exempt from public disclosure.

43.43.823 - Incorporation of denied firearm transaction records—Removal of record, when required—Notice—Rules.

43.43.825 - Guilty plea or conviction for certain felony crimes—Notification of state patrol—Transmission of information to the department of health.

43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.

43.43.832 - Background checks—Disclosure of information—Sharing of criminal background information by health care facilities.

43.43.8321 - Background checks—Dissemination of conviction record information.

43.43.833 - Background checks—State immunity.

43.43.834 - Background checks by business, organization, or insurance company—Limitations—Civil liability.

43.43.836 - Disclosure to individual of own record—Fee.

43.43.837 - Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.

43.43.839 - Fingerprint identification account.

43.43.840 - Notification to licensing agency of employment termination for certain crimes against persons.

43.43.842 - Vulnerable adults—Additional licensing requirements for agencies, facilities, and individuals providing services.

43.43.845 - Notification of conviction or guilty plea of certain felony crimes—Transmittal of information to superintendent of public instruction.

43.43.850 - Organized crime intelligence unit—Created.

43.43.852 - "Organized crime" defined.

43.43.854 - Powers and duties of organized crime intelligence unit.

43.43.856 - Divulging investigative information prohibited—Confidentiality—Security of records and files.

43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.

43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.

43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.

43.43.880 - Agreements with contiguous states—Jointly occupied ports of entry—Collection of fees and taxes.

43.43.885 - Scrap metal no-buy list database program.

43.43.887 - Scrap metal no-buy list database program—Washington association of sheriffs and police chiefs not liable for civil damages.

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

43.43.930 - State fire protection services—Intent.

43.43.934 - Director of fire protection—Duties.

43.43.938 - Director of fire protection—Appointment—Duties.

43.43.939 - Director of fire protection—Adoption of minimum standard requirements for before-school and after-school programs.

43.43.940 - Fire service training program—Grants and bequests.

43.43.942 - Fire service training—Fees and fee schedules.

43.43.944 - Fire service training account.

43.43.946 - Fire services trust fund.

43.43.948 - Fire services trust fund—Expenditures.

43.43.950 - Fire service training center bond retirement account of 1977.

43.43.952 - Arson investigation information system—Findings—Intent.

43.43.960 - State fire service mobilization—Definitions.

43.43.961 - State fire service mobilization—Legislative declaration and intent.

43.43.962 - State fire service mobilization—State fire services mobilization plan—State fire resources coordinator.

43.43.963 - State fire service mobilization—Regional fire defense boards—Regional fire service plans—Regions established.

43.43.964 - State fire service mobilization—Development of reimbursement procedures.

43.43.965 - State fire service mobilization—Plan use for purposes other than fire suppression—Annual report.

43.43.970 - Law enforcement mobilization—Definitions.

43.43.971 - Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization plan.

43.43.972 - Law enforcement mobilization—Local law enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—Declaration of end of mobilization.

43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.

43.43.974 - State law enforcement mobilization—Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans.

43.43.975 - State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.