(1) Except under subsection (3) of this section, a retiree under the provisions of plan 2 shall not be eligible to receive such retiree’s monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law enforcement officer or firefighter as defined in RCW 41.26.030. If a retiree’s benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree’s benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

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Terms Used In Washington Code 41.26.500

Washington Code 41.26.030
  • Member: means any firefighter, law enforcement officer, or other person as would apply under subsection (17) or (19) 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. See Washington Code 41.26.030
  • Position: means the employment held at any particular time, which may or may not be the same as civil service rank. See Washington Code 41.26.030
  • Retirement system: means the "Washington law enforcement officers' and firefighters' retirement system" provided herein. See Washington Code 41.26.030
  • (2) The department shall adopt rules implementing this section.
    (3) A member or retiree who becomes employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.35.010, or 41.37.010 shall have the option to enter into membership in the corresponding retirement system for that position notwithstanding any provision of RCW 41.04.270. A retiree who elects to enter into plan membership shall have his or her benefits suspended as provided in subsection (1) of this section. A retiree who does not elect to enter into plan membership shall continue to receive his or her benefits without interruption.

    NOTES:

    Effective date2005 c 372 § 2: “Section 2 of this act takes effect July 1, 2006.” [ 2005 c 372 § 5.]
    Expiration date2005 c 372 § 1: “Section 1 of this act expires July 1, 2006.” [ 2005 c 372 § 3.]
    Effective date2004 c 242: See RCW 41.37.901.
    Effective date1998 c 341: See RCW 41.35.901.
    FindingsConstruction1990 c 274: See notes following RCW 41.32.010.
    ApplicationReservation1990 c 274 §§ 11, 12, 14, and 15: See note following RCW 41.40.690.
    Legislative direction and placementSection headings1977 ex.s. c 294: See notes following RCW 41.26.410.