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instance, a member must restore all withdrawn accumulated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-Tacoma-Bremerton 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.
[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:
Reviser's note: This section was amended by 2009 c 205 § 9 and by 2009 c 522 § 2, 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 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.