Wash. Rev. Code » Title 41 · Chapter 41.26
Revised Code of Washington

Wash. Rev. Code § 41.26.130 (2026)

Allowance on retirement for disability

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***
(1) Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows: (a) A basic amount of fifty percent of final average salary at time of disability retirement, and (b) an additional five percent of final average salary for each child as defined in *RCW 41.26.030(7), (c) the combined total of (a) and (b) of this subsection shall not exceed a maximum of sixty percent of final average salary.
(2) A disabled member shall begin receiving the disability retirement allowance as of the expiration of his or her six month period of disability leave or, if his or her application was filed after the sixth month of discontinuance of service but prior to the one year time limit, the member's disability retirement allowance shall be retroactive to the end of the sixth month.
(3) Benefits under this section will be payable until the member recovers from the disability or dies. If at the time that the disability ceases the member is over the age of fifty, he or she shall then receive either disability retirement allowance or retirement for service allowance, whichever is greater.
(4) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the member receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability.
(5) A member retired for disability shall be subject to periodic examinations by a physician approved by the disability board prior to attainment of age fifty, pursuant to rules adopted by the director under RCW 41.26.115. Examinations of members who retired for disability prior to July 26, 1981, shall not exceed two medical examinations per year.
[ 1991 c 35 s 20; 1987 c 185 s 11; 1981 c 294 s 3; 1970 ex.s. c 6 s 8; 1969 ex.s. c 209 s 13.]

Notes:

*Reviser's note: RCW 41.26.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (7) to subsection (6).
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Severability—1981 c 294: See note following RCW 41.26.115.
Notes of Decisions
Cited in 13 cases, 1979–2002 · leading case: Malland v. Dep't of Ret. Sys., 694 P.2d 16 (Wash. 1985).
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Malland v. Dep't of Ret. Sys., 694 P.2d 16 (Wash. 1985). · cites it 6× “RCW 41.26.130(5) and RCW 41.26.140 permit periodic reexaminations of LEOFF members who have been granted disability retirement allowances.”
Jeffers v. City of Seattle, 597 P.2d 899 (Wash. Ct. App. 1979). · cites it 3× “We conclude that RCW 41.26.130, RCW 41.26.140, as well as RCW 41.”
In the Matter of Marriage of Anglin, 759 P.2d 1224 (Wash. Ct. App. 1988). · cites it 2× “Former RCW 41.26.130 provides in pertinent part: (3) Benefits under this section will be payable until the member recovers from the disability or dies.”
In re the Marriage of Kollmer, 870 P.2d 978 (Wash. Ct. App. 1994). · cites it 2× “Pursuant to the provisions of *375 RCW 41.26.130(3), Kollmer was entitled to receive these disability payments for as long as his disability continued.”
Matter of Marriage of Leland, 847 P.2d 518 (Wash. Ct. App. 1993). “RCW 41.26.130. Because Mr. Anglin was under the age of 50, the court held that the disability award was based solely on his disability, rather than being in the nature of a retirement benefit.”
Arnold v. Dep't of Ret. Sys., 912 P.2d 463 (Wash. 1996). “It has characteristics of a continuation of service retirement benefits or disability retirement benefits as it makes payments to a statutory class of survivors if the member dies after retirement.”
Gillis v. City of Walla Walla, 616 P.2d 625 (Wash. 1980). “1 RCW 41.26.130(1) provides: "Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows: (a) A basic amount of fifty percent of final average salary at time of disability retirement, and (b) an additional five percent…”
Shurtliff v. Dep't of Ret. Sys., 15 P.3d 164 (Wash. Ct. App. 2000). · cites it 2× “120 and RCW 41.26.130(1), (2) and (3), even though such benefits far exceed the amount he contributed to the LEOFF I fund.”
Morrison v. Dep't of Ret. Sys., 835 P.2d 1044 (Wash. Ct. App. 1992). “See Malland v. Department of Retirement Sys., supra (reexamination of disabled law enforcement officer permitted whenever a change in job requirements occurs).”
City of Longview v. Pub. Employees' Ret. Bd., 646 P.2d 768 (Wash. 1982). “At the end of the 6-month disability leave, the member's disability retirement begins, and he receives a disability retirement allowance under RCW 41.26.130, based on 50 percent of his salary at the time of his retirement.”
City of Port Orchard v. Dep't of Ret. Sys., 50 P.3d 682 (Wash. Ct. App. 2002). “Formerly RCW 41.26.130(2). “Salary” means “fixed compensation for services, paid on a regular basis.”
Allen v. Thurston Cnty. Fire Prot. Dist. No. 9, 841 P.2d 1265 (Wash. Ct. App. 1992). “120; RCW 41.26.125. When disability leave expires, the State must pay, for the duration of the disability, a disability retirement allowance of between 50 and 60 percent of the employee's final average salary.”
Show all 13 citing cases →
— Wash. Rev. Code § 41.26.130(1) — 3 cases
Gillis v. City of Walla Walla, 616 P.2d 625 (Wash. 1980). “1 RCW 41.26.130(1) provides: "Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows: (a) A basic amount of fifty percent of final average salary at time of disability retirement, and (b) an additional five percent…”
Shurtliff v. Dep't of Ret. Sys., 15 P.3d 164 (Wash. Ct. App. 2000). “120 and RCW 41.26.130(1), (2) and (3), even though such benefits far exceed the amount he contributed to the LEOFF I fund.”
Allen v. Thurston Cnty. Fire Prot. Dist. No. 9, 841 P.2d 1265 (Wash. Ct. App. 1992). “120; RCW 41.26.125. When disability leave expires, the State must pay, for the duration of the disability, a disability retirement allowance of between 50 and 60 percent of the employee's final average salary.”
— Wash. Rev. Code § 41.26.130(1)(a) — 1 case
Arnold v. Dep't of Ret. Sys., 912 P.2d 463 (Wash. 1996). “It has characteristics of a continuation of service retirement benefits or disability retirement benefits as it makes payments to a statutory class of survivors if the member dies after retirement.”
— Wash. Rev. Code § 41.26.130(2) — 1 case
City of Port Orchard v. Dep't of Ret. Sys., 50 P.3d 682 (Wash. Ct. App. 2002). “Formerly RCW 41.26.130(2). “Salary” means “fixed compensation for services, paid on a regular basis.”
— Wash. Rev. Code § 41.26.130(3) — 1 case
In re the Marriage of Kollmer, 870 P.2d 978 (Wash. Ct. App. 1994). “Pursuant to the provisions of *375 RCW 41.26.130(3), Kollmer was entitled to receive these disability payments for as long as his disability continued.”
— Wash. Rev. Code § 41.26.130(5) — 3 cases
Malland v. Dep't of Ret. Sys., 694 P.2d 16 (Wash. 1985). “RCW 41.26.130(5) and RCW 41.26.140 permit periodic reexaminations of LEOFF members who have been granted disability retirement allowances.”
Jeffers v. City of Seattle, 597 P.2d 899 (Wash. Ct. App. 1979). “We conclude that RCW 41.26.130, RCW 41.26.140, as well as RCW 41.”
Morrison v. Dep't of Ret. Sys., 835 P.2d 1044 (Wash. Ct. App. 1992). “See Malland v. Department of Retirement Sys., supra (reexamination of disabled law enforcement officer permitted whenever a change in job requirements occurs).”
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