Retirement of a
member for service shall be made by the department as follows:
(1) Any member having five or more service credit years of
service and having attained the age of fifty years shall be
eligible for a service retirement allowance and shall be retired
upon the member's written request effective the first day
following the date upon which the member is separated from
service.
(2) Any member having five or more service credit years of
service, who terminates his or her employment with any employer,
may leave his or her contributions in the fund. Any employee who
so elects, upon attaining age fifty, shall be eligible to apply
for and receive a service retirement allowance based on his or
her years of service, commencing on the first day following his
or her attainment of age fifty.
(3) Any member selecting optional vesting under subsection
(2) of this section with less than twenty service credit years of
service shall not be covered by the provisions of RCW 41.26.150,
and the member's survivors shall not be entitled to the benefits
of RCW 41.26.160 unless his or her death occurs after he or she
has attained the age of fifty years. Those members selecting
this optional vesting with twenty or more years service shall not
be covered by the provisions of RCW 41.26.150 until the
attainment of the age of fifty years. A member selecting this
optional vesting, with less than twenty service credit years of
service credit, who dies prior to attaining the age of fifty
years, shall have paid from the Washington law enforcement
officers' and firefighters' retirement fund, to such member's
surviving spouse, if any, otherwise to such beneficiary as the
member shall have designated in writing, or if no such
designation has been made, to the personal representative of his
or her estate, a lump sum which is equal to the amount of such
member's accumulated contributions plus accrued interest. If the
vested member has twenty or more service credit years of service
credit the surviving spouse or children shall then become
eligible for the benefits of RCW 41.26.160 regardless of the
member's age at the time of his or her death, to the exclusion of
the lump sum amount provided by this subsection.
(4) Any member who has attained the age of sixty years shall
be retired on the first day of the calendar month next succeeding
that in which said member shall have attained the age of sixty
and may not thereafter be employed as a law enforcement officer
or firefighter: PROVIDED, That for any member who is elected or
appointed to the office of sheriff, chief of police, or fire
chief, his or her election or appointment shall be considered as
a waiver of the age sixty provision for retirement and
nonemployment for whatever number of years remain in his or her
present term of office and any succeeding periods for which he or
she may be so elected or appointed. The provisions of this
subsection shall not apply to any member who is employed as a law
enforcement officer or firefighter on March 1, 1970.
[1991 sp.s. c 11 § 4. Prior: 1991 c 343 § 15; 1991 c 35 § 18; 1977 ex.s. c 294 § 22; 1972 ex.s. c 131 § 6; 1971 ex.s. c 257 § 8; 1970 ex.s. c 6 § 4; 1969 ex.s. c 209 § 9.]
NOTES:
Purpose -- 1991 sp.s. c 11: "The purpose of this act is to correct certain double amendments created during the 1991 regular session that the code reviser's office is unable to merge under RCW 1.12.025. The session laws repealed by section 2 of this act are strictly technical in nature and affect no policy. Sections *3 through 6 of this act are being reenacted to effectuate a legislative directive contained in 1991 c 35 s 2." [1991 sp.s. c 11 § 1.]
*Reviser's note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 § 3.
Effective dates -- 1991 sp.s. c 11: "(1) Sections *3 through
5 of this act are 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 September 1, 1991.
(2) Sections 1, 2, and 6 of this act are 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." [1991 sp.s. c
11 § 7.]
*Reviser's note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 § 3.
Findings -- Effective dates -- 1991 c 343: See notes following RCW 41.50.005.
Intent -- 1991 c 35: See note following RCW 41.26.005.
Severability -- 1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose -- Severability -- 1971 ex.s. c 257: See notes following RCW 41.26.030.