Wash. Rev. Code » Title 41 · Chapter 41.04
Revised Code of Washington

Wash. Rev. Code § 41.04.270 (2026)

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***
(1) Except as provided in chapter 2.10, 2.12, 41.26, 41.28, 41.32, 41.35, 41.37, 41.40, or 43.43 RCW, on and after March 19, 1976, any member or former member who (a) receives a retirement allowance earned by the former member as deferred compensation from any public retirement system authorized by the general laws of this state, or (b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses not to apply, or (c) is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a) and (b) of this subsection shall not apply to persons who have accumulated less than fifteen years service credit in any such system.
(2) Nothing in this section is intended to apply to any retirement system except those listed in RCW 41.50.030 and the city employee retirement systems for Seattle, Tacoma, and Spokane. Subsection (1)(b) of this section does not apply to a dual member as defined in RCW 41.54.010.
[ 2006 c 309 s 3; 2005 c 327 s 1; 2001 c 180 s 4; 1988 c 195 s 5; 1987 c 192 s 9; 1980 c 29 s 1; 1975-'76 2nd ex.s. c 105 s 1.]

Notes:

Effective date—2006 c 309: See note following RCW 41.37.005.
Effective date—1988 c 195: See RCW 41.54.901.
Effective dates—1987 c 192: See RCW 41.54.900.
Severability—1975-'76 2nd ex.s. c 105: "If any provision of this 1976 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." [1975-'76 2nd ex.s. c 105 s 28.]
Notes of Decisions
Cited in 3 cases, 2009–2019 · leading case: Hon. Kelli Linville, Res. v. State Of Wa. Dept. Of Ret. Sys., App., 452 P.3d 1269 (Wash. Ct. App. 2019).
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Hon. Kelli Linville, Res. v. State Of Wa. Dept. Of Ret. Sys., App., 452 P.3d 1269 (Wash. Ct. App. 2019). · cites it 8× “At this point, her application to join PERS was rejected pursuant to a statute, RCW 41.04.270, that estops individuals from joining a new DRS administered system if they are eligible to retire from one to which they already belong.”
Fox v. Dep't of Ret. Sys., 225 P.3d 1018 (Wash. Ct. App. 2009). “is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.”
Fox v. State, Dept. of Ret. Sys., 225 P.3d 1018 (Wash. Ct. App. 2010). “RCW 41.04.270(1)(c). [1] But in 1995, the Department adopted a rule clarifying that this prohibition is inapplicable if a person can establish membership in PERS before March 1, 1976.”
— Wash. Rev. Code § 41.04.270(1) — 1 case
Fox v. Dep't of Ret. Sys., 225 P.3d 1018 (Wash. Ct. App. 2009). “is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.”
— Wash. Rev. Code § 41.04.270(1)(c) — 1 case
Fox v. State, Dept. of Ret. Sys., 225 P.3d 1018 (Wash. Ct. App. 2010). “RCW 41.04.270(1)(c). [1] But in 1995, the Department adopted a rule clarifying that this prohibition is inapplicable if a person can establish membership in PERS before March 1, 1976.”
— Wash. Rev. Code § 41.04.270(2) — 1 case
Hon. Kelli Linville, Res. v. State Of Wa. Dept. Of Ret. Sys., App., 452 P.3d 1269 (Wash. Ct. App. 2019). “At this point, her application to join PERS was rejected pursuant to a statute, RCW 41.04.270, that estops individuals from joining a new DRS administered system if they are eligible to retire from one to which they already belong.”
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