(1) A member who is on a paid leave of absence
authorized by a member's employer shall continue to receive
service credit as provided for under the provisions of RCW 41.26.410 through 41.26.550.
(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 basic salary 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 (7) 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 the member
makes the employer, member, and state contributions plus interest
as determined by the department for the period of the authorized
leave of absence within five years of resumption of service or
prior to retirement whichever comes sooner.
(4) A law enforcement member may be authorized by an
employer to work part time and to go on a part-time leave of
absence. During a part-time leave of absence a member is
prohibited from any other employment with their employer. A
member is eligible to receive credit for any portion of service
credit not earned during a month of part-time leave of absence if
the member makes the employer, member, and state contributions,
plus interest, as determined by the department for the period of
the authorized leave within five years of resumption of full-time
service or prior to retirement whichever comes sooner. Any
service credit purchased for a part-time leave of absence is
included in the two-year maximum provided in subsection (3) of
this section.
(5) If a member fails to meet the time limitations of
subsection (3) or (4) of this section, the member may receive a
maximum of two years of service credit during a member's working
career for those periods when a member is on unpaid leave of
absence authorized by an employer. This may be done by paying
the amount required under RCW 41.50.165(2) prior to retirement.
(6) For the purpose of subsection (3) or (4) of this section
the contribution shall not include the contribution for the
unfunded supplemental present value as required by RCW 41.45.060,
41.45.061, and 41.45.067. The contributions required shall be
based on the average of the member's basic salary at both the
time the authorized leave of absence was granted and the time the
member resumed employment.
(7) 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. This subsection shall be administered in a manner
consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) 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
(ii) The member makes the employee contributions required
under RCW 41.45.060, 41.45.061, and 41.45.067 within five years
of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) 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
(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.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
shall establish the member's service credit and shall bill the
employer and the state for their respective contributions
required under RCW 41.26.450 for the period of military service,
plus interest as determined by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) 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.
(d) The surviving spouse, 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 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 chapter 41.45 RCW 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.
(e) 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 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
(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.
(8) A member receiving benefits under Title 51 RCW who is
not receiving benefits under this chapter shall be deemed to be
on unpaid, authorized leave of absence.
[2009 c 523 § 8; 2009 c 205 § 8; 2005 c 64 § 9; 2002 c 28 § 1; 2000 c 247 § 1105; 1996 c 61 § 1; 1994 c 197 § 10; 1993 c 95 § 4; 1992 c 119 § 1; 1989 c 88 § 2; 1977 ex.s. c 294 § 13.]
NOTES:
Reviser's note: This section was amended by 2009 c 205 § 8 and by 2009 c 523 § 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates -- Subchapter headings not law -- 2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent -- Severability -- Effective date -- 1994 c 197: See notes following RCW 41.50.165.
Retroactive application -- Effective date -- 1993 c 95: See notes following RCW 41.40.175.
Retroactive application -- 1992 c 119: "This act applies retroactively for retirement system service credit for military service which began on or after January 1, 1990." [1992 c 119 § 4.]
Legislative direction and placement -- Section headings -- 1977 ex.s. c 294: See notes following RCW 41.26.410.