Revised Code of Washington
Wash. Rev. Code § 41.26.005 (2026)
Provisions applicable to "plan 1" and "plan 2."
✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***
[ 1992 c 72 s 2; 1991 c 35 s 12; 1989 c 273 s 10; 1985 c 102 s 5; 1979 ex.s. c 249 s 1; 1977 ex.s. c 294 s 18.]
Notes:
Recodification ratified—Correction of statutory references—1992 c 72: "(1) The recodification of retirement provisions adopted by the code reviser pursuant to the directives of chapter 35, Laws of 1991, is hereby ratified.
(2) The code reviser shall correct all statutory references to sections recodified pursuant to chapter 35, Laws of 1991." [ 1992 c 72 s 1.]
Intent—1991 c 35: "(1) The legislature intends to reorganize chapter 41.26 RCW. The goals of this reorganization are to: (a) Arrange provisions relating to the Washington law enforcement officers' and firefighters' retirement system plan 1, the Washington law enforcement officers' and firefighters' retirement system plan 2, and those provisions relating to both plan 1 and plan 2 into three separate subchapters within chapter 41.26 RCW; (b) decodify or repeal obsolete statutes; (c) update references to the retirement board to refer to either the department of retirement systems or the director of that department, as appropriate; (d) make all references gender neutral; and (e) recodify administrative provisions. The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.26 RCW or other statutory provisions or rules adopted under those provisions.
(2) The legislature intends to reorganize chapter 41.32 RCW. The goals of this reorganization are to: (a) Arrange provisions relating to the Washington teachers' retirement system plan 1, the Washington teachers' retirement system plan 2, and both plan 1 and plan 2 into three separate subchapters within chapter 41.32 RCW; (b) decodify or repeal obsolete statutes; (c) update references to the retirement board to refer to either the department of retirement systems or the director of that department, as appropriate; (d) make all references gender neutral; and (e) recodify administrative provisions. The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.32 RCW or other statutory provisions or rules adopted under those provisions.
(3) The legislature intends to reorganize chapter 41.40 RCW. The goals of this reorganization are to: (a) Arrange provisions relating to the public employees' retirement system plan 1, the public employees' retirement system plan 2, and both plan 1 and plan 2 into three separate subchapters within chapter 41.40 RCW; (b) decodify obsolete statutes; (c) update references to the retirement board to refer to either the department of retirement systems or the director of that department, as appropriate; (d) make all references gender neutral; and (e) recodify administrative provisions. The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.40 RCW or other statutory provisions or rules adopted under those provisions.
(4) This act is technical in nature and shall not have the effect of terminating or in any way modifying any rights, proceedings, or liabilities, civil or criminal, which exist on July 28, 1991." [ 1991 c 35 s 1.]
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Notes of Decisions
Cited in 6
cases, 1986–1998 · leading case: Fray ex rel. Fray v. Spokane Cnty., 952 P.2d 601 (Wash. 1998).
Fray ex rel. Fray v. Spokane Cnty., 952 P.2d 601 (Wash. 1998). “) The 1977 amendments added a new section codified as RCW 41.26.005 which listed sections applicable only to members in the retirement system “on or before September *645 30, 1977” and specifically excluded members in the system “on or after October 1, 1977.”
Fray v. Spokane Cnty., 952 P.2d 601 (Wash. 1998). “The 1977 amendments added a new section codified as RCW 41.26.005 which listed sections applicable only to members in the retirement system "on or before September 30, 1977" and specifically excluded members in the system "on or after October 1, 1977.”
Fray v. Spokane Cnty., 931 P.2d 918 (Wash. Ct. App. 1997). “The 1992 amendment is titled: AN ACT Relating to making technical corrections to chapter 35, Laws of 1991; amending RCW 41.26.005, 41.26.075, 41.32.005, 41.32.”
Elford v. City of Battle Ground, 941 P.2d 678 (Wash. Ct. App. 1997). “The title of the bill at issue is: AN ACT Relating to making technical corrections to chapter 35, Laws of 1991; amending RCW 41.26.005 . . . adding a new section to chapter 41.”
Burgess v. Comm'r, 51 T.C.M. 1138 (Tax Ct. 1986). “Because petitioner was employed by the Auburn Fire Department prior to September 30, 1977, he was covered by the LEOFF System and entitled to benefits from the Washington State Department of Retirement Systems.”
Int'l Ass'n of Fire Fighters, Local 27 v. City of Seattle, 967 P.2d 1267 (Wash. Ct. App. 1998). “[ 8 ] Contrary to the Union’s assertion in oral argu *240 ment that the exclusivity provision applies only to LEOFF I and specifically not to LEOFF II, RCW 41.26.005 provides that “RCW 41.26.010 through 41.”
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