Any member whose public school service is interrupted by active service to the United States as a member of its uniformed services, or to the state of Washington, as a member of the legislature, may upon becoming reemployed in the public schools, receive credit for that service upon presenting satisfactory proof, and contributing to the member reserve, either in a lump sum or installments, amounts determined by the director. Except that no military service credit in excess of five years shall be established or reestablished after July 1, 1961, unless the service was actually rendered during time of war. This section shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.

Terms Used In Washington Code 41.32.260

  • Department: means the department of retirement systems created in chapter 41. See Washington Code 41.32.010
  • Director: means the director of the department. See Washington Code 41.32.010
  • employee: 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 41.32.010
  • Employer: means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid. See Washington Code 41.32.010
  • Member: means any teacher included in the membership of the retirement system who has not been removed from membership under RCW 41. See Washington Code 41.32.010
  • Member reserve: means the fund in which all of the accumulated contributions of members are held. See Washington Code 41.32.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Public school: means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University. See Washington Code 41.32.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retirement system: means the Washington state teachers' retirement system. See Washington Code 41.32.010
(1) 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:
(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) 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.
(2) 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) 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.
[ 2005 c 64 § 6; 1992 c 212 § 8; 1991 c 35 § 40; 1974 ex.s. c 199 § 2; 1973 1st ex.s. c 189 § 1; 1971 ex.s. c 271 § 1; 1967 c 50 § 2; 1961 c 132 § 2; 1955 c 274 § 8; 1947 c 80 § 26; Rem. Supp. 1947 § 4995-45. Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part; 1937 c 221 § 1, part; Rem. Supp. 1941 § 4995-5, part.]

NOTES:

Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 199: See notes following RCW 41.32.010.
Construction—1974 ex.s. c 199: See note following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW 41.32.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note following RCW 41.32.498.
Severability—1971 ex.s. c 271: “If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.” [ 1971 ex.s. c 271 § 17.]
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
Members’ retirement contributions—Payment by employer: RCW 41.04.445.
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