As used in this chapter, unless
a different meaning is plainly required by the context:
(1) "Retirement system" means the "Washington law
enforcement officers' and firefighters' retirement system"
provided herein.
(2)(a) "Employer" for plan 1 members, means the legislative
authority of any city, town, county, or district or the elected
officials of any municipal corporation that employs any law
enforcement officer and/or firefighter, any authorized
association of such municipalities, and, except for the purposes
of RCW 41.26.150, any labor guild, association, or organization,
which represents the firefighters or law enforcement officers of
at least seven cities of over 20,000 population and the
membership of each local lodge or division of which is composed
of at least sixty percent law enforcement officers or
firefighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following
entities to the extent that the entity employs any law
enforcement officer and/or firefighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority law
enforcement agency; or
(iv) A four-year institution of higher education having a
fully operational fire department as of January 1, 1996.
(3) "Law enforcement officer" beginning January 1, 1994,
means any person who is commissioned and employed by an employer
on a full time, fully compensated basis to enforce the criminal
laws of the state of Washington generally, with the following
qualifications:
(a) No person who is serving in a position that is basically
clerical or secretarial in nature, and who is not commissioned
shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving
under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is
used, and those persons serving in unclassified positions
authorized by RCW 41.14.070 except a private secretary will be
considered law enforcement officers;
(c) Only such full time commissioned law enforcement
personnel as have been appointed to offices, positions, or ranks
in the police department which have been specifically created or
otherwise expressly provided for and designated by city charter
provision or by ordinance enacted by the legislative body of the
city shall be considered city police officers;
(d) The term "law enforcement officer" also includes the
executive secretary of a labor guild, association or organization
(which is an employer under RCW 41.26.030(2)) if that individual
has five years previous membership in the retirement system
established in chapter 41.20 RCW. The provisions of this
subsection (3)(d) shall not apply to plan 2 members; and
(e) The term "law enforcement officer" also includes a
person employed on or after January 1, 1993, as a public safety
officer or director of public safety, so long as the job duties
substantially involve only either police or fire duties, or both,
and no other duties in a city or town with a population of less
than ten thousand. The provisions of this subsection (3)(e)
shall not apply to any public safety officer or director of
public safety who is receiving a retirement allowance under this
chapter as of May 12, 1993.
(4) "Firefighter" means:
(a) Any person who is serving on a full time, fully
compensated basis as a member of a fire department of an employer
and who is serving in a position which requires passing a civil
service examination for firefighter, and who is actively employed
as such;
(b) Anyone who is actively employed as a full time
firefighter where the fire department does not have a civil
service examination;
(c) Supervisory firefighter personnel;
(d) Any full time executive secretary of an association of
fire protection districts authorized under RCW 52.12.031. The
provisions of this subsection (4)(d) shall not apply to plan 2
members;
(e) The executive secretary of a labor guild, association or
organization (which is an employer under RCW 41.26.030(2) as now
or hereafter amended), if such individual has five years previous
membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not
apply to plan 2 members;
(f) Any person who is serving on a full time, fully
compensated basis for an employer, as a fire dispatcher, in a
department in which, on March 1, 1970, a dispatcher was required
to have passed a civil service examination for firefighter;
(g) Any person who on March 1, 1970, was employed on a full
time, fully compensated basis by an employer, and who on May 21,
1971, was making retirement contributions under the provisions of
chapter 41.16 or 41.18 RCW; and
(h) Any person who is employed on a full-time, fully
compensated basis by an employer as an emergency medical
technician.
(5) "Department" means the department of retirement systems
created in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or widower
of a member. "Surviving spouse" shall not include the divorced
spouse of a member except as provided in RCW 41.26.162.
(7)(a) "Child" or "children" means an unmarried person who
is under the age of eighteen or mentally or physically handicapped as determined by the department, except a handicapped person in the full time care of a state institution,
who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence
prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a
member prior to the date benefits are payable under this chapter;
or
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and
including the age of twenty years and eleven months while
attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by the
state, in which it is located, including the summer vacation
months and all other normal and regular vacation periods at the
particular educational institution after which the child returns
to school.
(8) "Member" means any firefighter, law enforcement officer,
or other person as would apply under subsections (3) or (4) of
this section whose membership is transferred to the Washington
law enforcement officers' and firefighters' retirement system on
or after March 1, 1970, and every law enforcement officer and
firefighter who is employed in that capacity on or after such
date.
(9) "Retirement fund" means the "Washington law enforcement
officers' and firefighters' retirement system fund" as provided
for herein.
(10) "Employee" means any law enforcement officer or
firefighter as defined in subsections (3) and (4) of this
section.
(11)(a) "Beneficiary" for plan 1 members, means any person
in receipt of a retirement allowance, disability allowance, death
benefit, or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person in
receipt of a retirement allowance or other benefit provided by
this chapter resulting from service rendered to an employer by
another person.
(12)(a) "Final average salary" for plan 1 members, means (i)
for a member holding the same position or rank for a minimum of
twelve months preceding the date of retirement, the basic salary
attached to such same position or rank at time of retirement;
(ii) for any other member, including a civil service member who
has not served a minimum of twelve months in the same position or
rank preceding the date of retirement, the average of the
greatest basic salaries payable to such member during any
consecutive twenty-four month period within such member's last
ten years of service for which service credit is allowed,
computed by dividing the total basic salaries payable to such
member during the selected twenty-four month period by
twenty-four; (iii) in the case of disability of any member, the
basic salary payable to such member at the time of disability
retirement; (iv) in the case of a member who hereafter vests
pursuant to RCW 41.26.090, the basic salary payable to such
member at the time of vesting.
(b) "Final average salary" for plan 2 members, means the
monthly average of the member's basic salary for the highest
consecutive sixty service credit months of service prior to such
member's retirement, termination, or death. Periods constituting
authorized unpaid leaves of absence may not be used in the
calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the basic
monthly rate of salary or wages, including longevity pay but not
including overtime earnings or special salary or wages, upon
which pension or retirement benefits will be computed and upon
which employer contributions and salary deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or
wages earned by a member during a payroll period for personal
services, including overtime payments, and shall include wages
and salaries deferred under provisions established pursuant to
sections 403(b), 414(h), and 457 of the United States Internal
Revenue Code, but shall exclude lump sum payments for deferred
annual sick leave, unused accumulated vacation, unused
accumulated annual leave, or any form of severance pay. In any
year in which a member serves in the legislature the member shall
have the option of having such member's basic salary be the
greater of:
(i) The basic salary the member would have received had such
member not served in the legislature; or
(ii) Such member's actual basic salary received for
nonlegislative public employment and legislative service
combined. Any additional contributions to the retirement system
required because basic salary under (b)(i) of this subsection is
greater than basic salary under (b)(ii) of this subsection shall
be paid by the member for both member and employer contributions.
(14)(a) "Service" for plan 1 members, means all periods of
employment for an employer as a firefighter or law enforcement
officer, for which compensation is paid, together with periods of
suspension not exceeding thirty days in duration. For the
purposes of this chapter service shall also include service in
the armed forces of the United States as provided in RCW 41.26.190. Credit shall be allowed for all service credit months
of service rendered by a member from and after the member's
initial commencement of employment as a firefighter or law
enforcement officer, during which the member worked for seventy
or more hours, or was on disability leave or disability
retirement. Only service credit months of service shall be
counted in the computation of any retirement allowance or other
benefit provided for in this chapter.
(i) For members retiring after May 21, 1971 who were
employed under the coverage of a prior pension act before March
1, 1970, "service" shall also include (A) such military service
not exceeding five years as was creditable to the member as of
March 1, 1970, under the member's particular prior pension act,
and (B) such other periods of service as were then creditable to
a particular member under the provisions of RCW 41.18.165,
41.20.160 or 41.20.170. However, in no event shall credit be
allowed for any service rendered prior to March 1, 1970, where
the member at the time of rendition of such service was employed
in a position covered by a prior pension act, unless such
service, at the time credit is claimed therefor, is also
creditable under the provisions of such prior act.
(ii) A member who is employed by two employers at the same
time shall only be credited with service to one such employer for
any month during which the member rendered such dual service.
(b) "Service" for plan 2 members, means periods of
employment by a member for one or more employers for which basic
salary is earned for ninety or more hours per calendar month
which shall constitute a service credit month. Periods of
employment by a member for one or more employers for which basic
salary is earned for at least seventy hours but less than ninety
hours per calendar month shall constitute one-half service credit
month. Periods of employment by a member for one or more
employers for which basic salary is earned for less than seventy
hours shall constitute a one-quarter service credit month.
Members of the retirement system who are elected or
appointed to a state elective position may elect to continue to
be members of this retirement system.
Service credit years of service shall be determined by
dividing the total number of service credit months of service by
twelve. Any fraction of a service credit year of service as so
determined shall be taken into account in the computation of such
retirement allowance or benefits.
If a member receives basic salary from two or more employers
during any calendar month, the individual shall receive one
service credit month's service credit during any calendar month
in which multiple service for ninety or more hours is rendered;
or one-half service credit month's service credit during any
calendar month in which multiple service for at least seventy
hours but less than ninety hours is rendered; or one-quarter
service credit month during any calendar month in which multiple
service for less than seventy hours is rendered.
(15) "Accumulated contributions" means the employee's
contributions made by a member, including any amount paid under
RCW 41.50.165(2), plus accrued interest credited thereon.
(16) "Actuarial reserve" means a method of financing a
pension or retirement plan wherein reserves are accumulated as
the liabilities for benefit payments are incurred in order that
sufficient funds will be available on the date of retirement of
each member to pay the member's future benefits during the period
of retirement.
(17) "Actuarial valuation" means a mathematical
determination of the financial condition of a retirement plan.
It includes the computation of the present monetary value of
benefits payable to present members, and the present monetary
value of future employer and employee contributions, giving
effect to mortality among active and retired members and also to
the rates of disability, retirement, withdrawal from service,
salary and interest earned on investments.
(18) "Disability board" for plan 1 members means either the
county disability board or the city disability board established
in RCW 41.26.110.
(19) "Disability leave" means the period of six months or
any portion thereof during which a member is on leave at an
allowance equal to the member's full salary prior to the
commencement of disability retirement. The definition contained
in this subsection shall apply only to plan 1 members.
(20) "Disability retirement" for plan 1 members, means the
period following termination of a member's disability leave,
during which the member is in receipt of a disability retirement
allowance.
(21) "Position" means the employment held at any particular
time, which may or may not be the same as civil service rank.
(22) "Medical services" for plan 1 members, shall include
the following as minimum services to be provided. Reasonable
charges for these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a
hospital, in its own behalf, for
(i) Board and room not to exceed semiprivate room rate
unless private room is required by the attending physician due to
the condition of the patient.
(ii) Necessary hospital services, other than board and room,
furnished by the hospital.
(b) Other medical expenses: The following charges are
considered "other medical expenses", provided that they have not
been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions of
chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed under the
provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other than a
nurse who ordinarily resides in the member's home, or is a member
of the family of either the member or the member's spouse.
(iii) The charges for the following medical services and
supplies:
(A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic X-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and
surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and
trusses;
(G) Professional ambulance service when used to transport
the member to or from a hospital when injured by an accident or
stricken by a disease;
(H) Dental charges incurred by a member who sustains an
accidental injury to his or her teeth and who commences treatment
by a legally licensed dentist within ninety days after the
accident;
(I) Nursing home confinement or hospital extended care
facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and
blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of chapter 18.53 RCW.
(23) "Regular interest" means such rate as the director may
determine.
(24) "Retiree" for persons who establish membership in the
retirement system on or after October 1, 1977, means any member
in receipt of a retirement allowance or other benefit provided by
this chapter resulting from service rendered to an employer by
such member.
(25) "Director" means the director of the department.
(26) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected or
appointed as a member of the legislature.
(28) "Plan 1" means the law enforcement officers' and
firefighters' retirement system, plan 1 providing the benefits
and funding provisions covering persons who first became members
of the system prior to October 1, 1977.
(29) "Plan 2" means the law enforcement officers' and
firefighters' retirement system, plan 2 providing the benefits
and funding provisions covering persons who first became members
of the system on and after October 1, 1977.
(30) "Service credit year" means an accumulation of months
of service credit which is equal to one when divided by twelve.
(31) "Service credit month" means a full service credit
month or an accumulation of partial service credit months that
are equal to one.
(32) "General authority law enforcement agency" means any
agency, department, or division of a municipal corporation,
political subdivision, or other unit of local government of this
state, and any agency, department, or division of state
government, having as its primary function the detection and
apprehension of persons committing infractions or violating the
traffic or criminal laws in general, but not including the
Washington state patrol. Such an agency, department, or division
is distinguished from a limited authority law enforcement agency
having as one of its functions the apprehension or detection of
persons committing infractions or violating the traffic or
criminal laws relating to limited subject areas, including but
not limited to, the state departments of natural resources and
social and health services, the state gambling commission, the
state lottery commission, the state parks and recreation
commission, the state utilities and transportation commission,
the state liquor control board, and the state department of
corrections.
[2005 c 459 § 1; 2003 c 388 § 2; 2002 c 128 § 3. Prior: 1996 c 178 § 11; 1996 c 38 § 2; prior: 1994 c 264 § 14; 1994 c 197 § 5; prior: 1993 c 502 § 1; 1993 c 322 § 1; 1991 sp.s. c 12 § 1; prior: (1991 sp.s. c 11 § 3 repealed by 1991 sp.s. c 12 § 3); 1991 c 365 § 35; 1991 c 343 § 14; 1991 c 35 § 13; 1987 c 418 § 1; 1985 c 13 § 5; 1984 c 230 § 83; 1981 c 256 § 4; 1979 ex.s. c 249 § 2; 1977 ex.s. c 294 § 17; 1974 ex.s. c 120 § 1; 1972 ex.s. c 131 § 1; 1971 ex.s. c 257 § 6; 1970 ex.s. c 6 § 1; 1969 ex.s. c 209 § 3.]
NOTES:
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Intent -- Severability -- Effective date -- 1994 c 197: See notes following RCW 41.50.165.
Effective date -- 1993 c 502: "This act shall take effect January 1, 1994." [1993 c 502 § 6.]
Application -- 1993 c 322 § 1: "Section 1 of this act shall apply retroactively to January 1, 1993." [1993 c 322 § 2.]
Effective date -- 1993 c 322: "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 shall take effect immediately [May 12, 1993]." [1993 c 322 § 3.]
Severability -- 1991 c 365: See note following RCW 41.50.500.
Findings -- Effective dates -- 1991 c 343: See notes following RCW 41.50.005.
Intent -- 1991 c 35: See note following RCW 41.26.005.
Purpose -- Application -- Retrospective application -- 1985 c 13:See notes following RCW 41.04.445.
Purpose -- 1981 c 256: "It is the primary purpose of this act to assure that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred compensation plan established thereunder, are in conformity with the requirements of 26 U.S.C. Sec. 457 and any other requirements of federal law relating to such a deferred compensation plan. This act shall be construed in such a manner as to accomplish this purpose." [1981 c 256 § 1.]
Severability -- 1981 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 256 § 7.]
Severability -- 1974 ex.s. c 120: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 120 § 15.]
Severability -- 1972 ex.s. c 131: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1972 ex.s. c 131 § 12.]
Purpose -- 1971 ex.s. c 257: "It is the purpose of this act to provide minimum medical and health standards for membership coverage into the Washington law enforcement officers' and firefighters' retirement system act, for the improvement of the public service, and to safeguard the integrity and actuarial soundness of their pension systems, and to improve their retirement and pension systems and related provisions." [1971 ex.s. c 257 § 1.]
Severability -- 1971 ex.s. c 257: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 257 § 22.]