(1) A member of plan 2 who was a member of the public employees’ retirement system plan 2 or plan 3 while employed as an enforcement officer for the department of fish and wildlife has the option to make an election no later than December 31, 2009, filed in writing with the department of retirement systems, to transfer all service credit previously earned as an enforcement officer in the public employees’ retirement system plan 2 or plan 3 to the law enforcement officers’ and firefighters’ retirement system plan 2. Service credit that a member elects to transfer from the public employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system under this section shall be transferred no earlier than June 30, 2012, and only after the member completes payment as provided in subsection (2) of this section.

Washington Code 41.26.030

Department: means the department of retirement systems created in chapter 41. See Washington Code 41.26.030

Director: means the director of the department. See Washington Code 41.26.030

Employee: means any law enforcement officer or firefighter as defined in subsections (17) and (19) of this section. See 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

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Retirement system: means the "Washington law enforcement officers' and firefighters' retirement system" provided herein. See Washington Code 41.26.030

Surviving spouse: means the surviving widow or widower of a member. See Washington Code 41.26.030

(2)(a) A member who elects to transfer service credit under subsection (1) of this section shall make the payments required by this subsection prior to having service credit earned as an enforcement officer with the department of fish and wildlife under the public employees’ retirement system plan 2 or plan 3 transferred to the law enforcement officers’ and firefighters’ retirement system plan 2.

(b) A member who elects to transfer service credit from the public employees’ retirement system plan 2 under this subsection shall pay, for the applicable period of service, the difference between the contributions the employee paid to the public employees’ retirement system plan 2 and the contributions that would have been paid by the employee had the employee been a member of the law enforcement officers’ and firefighters’ retirement system plan 2, plus interest on this difference as determined by the director. This payment must be made no later than June 30, 2014, and must be made prior to retirement.

(c) A member who elects to transfer service credit from the public employees’ retirement system plan 3 under this subsection shall transfer to the law enforcement officers’ and firefighters’ retirement system plan 2, for the applicable period of service, the full balance of the member’s defined contribution account within plan 3 as of the effective date of the transfer. At no time will the member pay, for the applicable period of service, a sum less than the contributions that would have been paid by the employee had the employee been a member of the law enforcement officers’ and firefighters’ retirement system plan 2, plus interest as determined by the director. This transfer and any additional payment, if necessary, must be made no later than June 30, 2014, and must be made prior to retirement.

(d) Upon completion of the payment required in (b) of this subsection, the department shall transfer from the public employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system plan 2: (i) All of the employee’s applicable accumulated contributions plus interest and all of the applicable employer contributions plus interest; and (ii) all applicable months of service, as defined in *RCW 41.26.030(28)(b), credited to the employee under this chapter for service as an enforcement officer with the department of fish and wildlife as though that service was rendered as a member of the law enforcement officers’ and firefighters’ retirement system plan 2.

(e) Upon completion of the payment required in (c) of this subsection, the department shall transfer from the public employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system plan 2: (i) All of the employee’s applicable accumulated contributions plus interest and all of the applicable employer contributions plus interest; and (ii) all applicable months of service, as defined in *RCW 41.26.030(28)(b), credited to the employee under this chapter for service as an enforcement officer with the department of fish and wildlife as though that service was rendered as a member of the law enforcement officers’ and firefighters’ retirement system plan 2.

(f) If a member who elected to transfer pursuant to this section dies or retires for disability prior to June 30, 2012, the member’s benefit is calculated as follows:

(i) All of the applicable service credit, accumulated contributions, and interest is transferred to the law enforcement officers’ and firefighters’ retirement system plan 2 and used in the calculation of a benefit.

(ii) If a member’s obligation under (b) or (c) of this subsection has not been paid in full at the time of death or disability retirement, the member, or in the case of death the surviving spouse or eligible minor children, have the following options:

(A) Pay the bill in full;

(B) If a continuing monthly benefit is chosen, have the benefit actuarially reduced to reflect the amount of the unpaid obligation under (b) or (c) of this subsection; or

(C) Continue to make payment against the obligation under (b) or (c) of this subsection, provided that payment in full is made no later than June 30, 2014.

(g) Upon transfer of service credit, contributions, and interest under this subsection, the employee is permanently excluded from membership in the public employees’ retirement system for all service related to time served as an enforcement officer with the department of fish and wildlife under the public employees’ retirement system plan 2 or plan 3.

*Reviser’s note: RCW 41.26.030 was amended by 2018 c 230 § 1, changing subsection (28)(b) to subsection (29)(b).