RCW 43.43.260
Benefits—Military service credit.
Upon retirement from service as provided in RCW 43.43.250, a member shall be granted a retirement allowance which shall consist of:
(1) A prior service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of prior service rendered by the member.
(2) A current service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of service rendered while a member of the retirement system.
(3)(a) Any member commissioned prior to January 1, 2003, with twenty-five years service in the Washington state patrol may have the member's service in the uniformed services credited as a member whether or not the individual left the employ of the Washington state patrol to enter such uniformed services: PROVIDED, That in no instance shall military service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance, a member must restore all withdrawn accumulated contributions, which restoration must be completed on the date of the member's retirement, or as provided under RCW 43.43.130, whichever occurs first: AND PROVIDED FURTHER, That this section shall not apply to any individual, not a veteran within the meaning of RCW 41.06.150.
(b) A member who leaves the Washington state patrol 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. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
(i) The member qualifies for service credit under this subsection if:
(A) 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; and
(B) The member makes the employee contributions required under RCW 41.45.0631 and 41.45.067 within five years of resumption of service or prior to retirement, whichever comes sooner; or
(C) Prior to retirement and not within ninety days of the member's honorable discharge or five years of resumption of service the member pays the amount required under RCW 41.50.165(2); or
(D) If the member was commissioned on or after January 1, 2003, and, 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.
(ii) Upon receipt of member contributions under (b)(i)(B), (b)(iv)(C), and (b)(v)(C) of this subsection, or adequate proof under (b)(i)(D), (b)(iv)(D), or (b)(v)(D) of this subsection, the department shall establish the member's service credit and shall bill the employer for its contribution required under RCW 41.45.060 for the period of military service, plus interest as determined by the department.
(iii) The contributions required under (b)(i)(B), (b)(iv)(C), and (b)(v)(C) of this subsection 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.
(iv) The surviving spouse or lawful domestic partner 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 lawful domestic partner or eligible child or children:
(A) Provides to the director proof of the member's death while serving in the uniformed services;
(B) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death; and
(C) If the member was commissioned on or after January 1, 2003, pays the employee contributions required under chapter 41.45 RCW within five years of the date of death or prior to the distribution of any benefit, whichever comes first; or
(D) If the member was commissioned on or after January 1, 2003, and, 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.
(v) 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:
(A) 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;
(B) The member provides to the director proof of honorable discharge from the uniformed services; and
(C) If the member was commissioned on or after January 1, 2003, the member pays the employee contributions required under chapter 41.45 RCW within five years of the director's determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(D) If the member was commissioned on or after January 1, 2003, and, 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.
(4) In no event shall the total retirement benefits from subsections (1), (2), and (3) of this section, of any member exceed seventy-five percent of the member's average final salary.
(5) Beginning July 1, 2001, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:
(a) The original dollar amount of the retirement allowance;
(b) The index for the calendar year prior to the effective date of the retirement allowance, to be known as "index A";
(c) The index for the calendar year prior to the date of determination, to be known as "index B"; and
(d) The ratio obtained when index B is divided by index A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied beginning with the July payment. In no event, however, shall the annual adjustment:
(i) Produce a retirement allowance which is lower than the original retirement allowance;
(ii) Exceed three percent in the initial annual adjustment; or
(iii) Differ from the previous year's annual adjustment by more than three percent.
For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
The provisions of this section shall apply to all members presently retired and to all members who shall retire in the future.
[ 2021 c 98 § 1. Prior: 2009 c 522 § 2; 2009 c 205 § 9; 2005 c 64 § 10; 2002 c 27 § 3; 2001 c 329 § 4; 1994 c 197 § 34; 1982 1st ex.s. c 52 § 27; 1973 1st ex.s. c 180 § 3; 1971 ex.s. c 278 § 1; 1969 c 12 § 4; 1965 c 8 § 43.43.260; prior: 1963 c 175 § 2; 1957 c 162 § 4; 1955 c 244 § 2; 1951 c 140 § 5; 1947 c 250 § 15; Rem. Supp. 1947 § 6362-95.]
NOTES:
Effective date—2001 c 329: See note following RCW 43.43.120.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Effective date—1971 ex.s. c 278: "This 1971 amendatory act shall have an effective date of July 1, 1971." [ 1971 ex.s. c 278 § 2.]
Construction—1969 c 12: See note following RCW 43.43.120.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.43 - Washington State Patrol.
43.43.005 - Comprehensive outreach and marketing strategic plan.
43.43.012 - 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.
43.43.037 - 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.
43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.
43.43.090 - Procedure at hearing.
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.
43.43.138 - 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.
43.43.250 - 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.
43.43.274 - Minimum retirement allowance—Annual adjustment.
43.43.278 - Retirement option.
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.
43.43.315 - 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.
43.43.500 - Crime information center—Established—Purpose—Functions.
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.
43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.
43.43.560 - Automatic fingerprint information system—Report.
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.
43.43.630 - 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.
43.43.740 - Photographing and fingerprinting—Transmittal of data.
43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.
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.
43.43.7541 - 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.
43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.
43.43.8321 - Background checks—Dissemination of conviction record information.
43.43.833 - Background checks—State immunity.
43.43.836 - Disclosure to individual of own record—Fee.
43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.
43.43.839 - Fingerprint identification account.
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.
43.43.870 - 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.
43.43.885 - Scrap metal no-buy list database program.
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.
43.43.940 - 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.
43.43.964 - State fire service mobilization—Development of reimbursement procedures.
43.43.970 - Law enforcement mobilization—Definitions.
43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.