Revised Code of Washington

Wash. Rev. Code § 41.32.497 (2026)

✓ current as of May 2026
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Any person who became a member on or before April 25, 1973 and who qualifies for a retirement allowance shall, at time of retirement, make an irrevocable election to receive either the retirement allowance by RCW 41.32.498 as now or hereafter amended or to receive a retirement allowance pursuant to this section consisting of: (1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement, (2) A basic service pension of one hundred dollars per annum, and (3) A service pension which shall be equal to one one-hundredth of his or her average earnable compensation for his or her two highest compensated consecutive years of service times the total years of creditable service established with the retirement system: PROVIDED, That no beneficiary now receiving benefits or who receives benefits in the future, except those beneficiaries receiving reduced benefits pursuant to RCW 41.32.520(1)(a) or 41.32.530, shall receive a pension of less than six dollars and fifty cents per month for each year of creditable service established with the retirement system. Pension benefits payable under the provisions of this section shall be prorated on a monthly basis and paid at the end of each month.
[ 2012 c 117 s 57; 1990 c 249 s 12; 1974 ex.s. c 199 s 3; 1973 1st ex.s. c 189 s 2; 1970 ex.s. c 35 s 3; 1969 ex.s. c 150 s 15; 1963 ex.s. c 14 s 16.]

Notes:

Findings1990 c 249: See note following RCW 2.10.146.
EmergencySeverabilityConstruction1974 ex.s. c 199: See notes following RCW 41.32.010.
Severability1973 1st ex.s. c 189: See note following RCW 41.50.215.
Parts of sections retroactive1973 1st ex.s. c 189: See note following RCW 41.32.498.
Effective dateSeverability1970 ex.s. c 35: See notes following RCW 41.32.480.
Effective date1969 ex.s. c 150: See note following RCW 41.50.200.
SavingsSeverabilityEffective date1963 ex.s. c 14: See notes following RCW 41.32.010.
Notes of Decisions
Cited in 6 cases, 1980–2001 · leading case: Newschwander v. Bd. of Trs. of Washington State Teachers' Ret. Sys., 620 P.2d 88 (Wash. 1980).
Newschwander v. Bd. of Trs. of Washington State Teachers' Ret. Sys., 620 P.2d 88 (Wash. 1980). · cites it 20× “They asserted the statutory phrase "two highest compensated consecutive *703 years of service", as used in RCW 41.32.497, includes the time during which a member was employed for compensation by an "employer", as defined in RCW 41.”
Hitchcock v. Dep't of Ret. Sys., 692 P.2d 834 (Wash. Ct. App. 1984). · cites it 2× “RCW 41.32.497, .498. In Dr. Hitchcock's case, the Department excluded payments which were designated in his employment contract as being "in lieu of transportation and local expenses".”
Newschwander v. Bd. of Trs. of Teachers'Ret. Sys., 620 P.2d 88 (Wash. 1980). · cites it 20× “They asserted the statutory phrase "two highest compensated consecutive *703 years of service", as used in RCW 41.32.497, includes the time during which a member was employed for compensation by an "employer", as defined in RCW 41.”
Hertzke v. Dep't of Ret. Sys., 18 P.3d 588 (Wash. Ct. App. 2001). “The offer and acceptance clearly demonstrate mutual assent to the written agreement. II. Earnable Compensation ATRS Plan 1 member’s retirement allowance is based on the individual’s “earnable compensation” during the member’s two highest compensated consecutive years of…”
Coble v. Hollister, 788 P.2d 3 (Wash. Ct. App. 1990). “" See RCW 41.32.497. Earnable compensation is defined as follows: "[A]ll salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year.”
Knack v. Dep't of Ret. Sys., 776 P.2d 687 (Wash. Ct. App. 1989). · cites it 7× “498 provides in pertinent part: Any person who becomes a member subsequent to April 25, 1973 or who has made the election, provided by RCW 41.32.497, to receive the benefit provided by this section, shall receive a retirement allowance consisting of: (2) A combined pension and…”
— Wash. Rev. Code § 41.32.497(3) — 1 case
Hertzke v. Dep't of Ret. Sys., 18 P.3d 588 (Wash. Ct. App. 2001). “The offer and acceptance clearly demonstrate mutual assent to the written agreement. II. Earnable Compensation ATRS Plan 1 member’s retirement allowance is based on the individual’s “earnable compensation” during the member’s two highest compensated consecutive years of…”
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