Washington Code 41.40.690 – Suspension of retirement allowance upon reemployment — Exceptions — Reinstatement
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(1) Except as provided in RCW 41.40.037, no retiree under the provisions of plan 2 shall 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, except that a retiree who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if the retiree’s only employment is as an elective official of a city or town.
Terms Used In Washington Code 41.40.690
- Department: means the department of retirement systems created in chapter 41. See Washington Code 41.40.010
- Eligible position: means :
Washington Code 41.40.010employed: means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. See Washington Code 41.40.010 Member: means any employee included in the membership of the retirement system, as provided for in RCW 41. See Washington Code 41.40.010 Retiree: means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. See Washington Code 41.40.010 Retirement: means withdrawal from active service with a retirement allowance as provided by this chapter. See Washington Code 41.40.010 Retirement system: means the public employees' retirement system provided for in this chapter. See Washington Code 41.40.010
(2) 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.
(3) The department shall adopt rules implementing this section.
[ 2004 c 242 § 57; 1998 c 341 § 606; 1997 c 254 § 13; 1990 c 274 § 11; 1988 c 109 § 11; 1987 c 379 § 2; 1977 ex.s. c 295 § 10.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Application—Reservation—1991 c 35; 1990 c 274 §§ 11, 12, 14, and 15: “Beginning on June 7, 1990, the 1990 amendments to RCW 41.40.690, 41.26.500, 41.32.800, and 2.10.155 regarding postretirement employment are available prospectively to all members of the retirement systems defined in RCW 2.10.040, 41.26.005(2), 41.32.005(2), and 41.40.005(2), regardless of the member‘s date of retirement. The legislature reserves the right to revoke or amend the 1990 amendments to RCW 41.40.690, 41.26.500, 41.32.800, and 2.10.155. The 1990 amendments to RCW 41.40.690, 41.26.500, 41.32.800, and 2.10.155 do not grant a contractual right to the members or retirees of the affected systems.” [ 1991 c 35 § 11; 1990 c 274 § 19.]
Findings—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative direction and placement—Section headings—1977 ex.s. c 295: See notes following RCW 41.40.610.