(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).
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) 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 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.
(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.
(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.
[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:
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.