Revised Code of Washington

Wash. Rev. Code § 41.40.160 (2026)

Creditable service

✓ current as of May 2026

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(1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if he or she is an original member, all of the certified prior service.

(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may be hereafter acquired by a public agency as a matter of public convenience and necessity, where it is in the public interest to retain the trained personnel of such enterprise, all service to that enterprise shall, upon the acquiring public agency becoming an employer as defined in *RCW 41.40.010(4) be credited on the same basis as if rendered to the said employer: PROVIDED, That this shall apply only to those employees who were in the service of the enterprise at or prior to the time of acquisition by the public agency and who remain in the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those employees who were in the service of the enterprise at the time of acquisition by the public agency and subsequently attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members achieving service credit hereunder shall be made on the same basis as set forth in RCW ** 41.40.045 and 41.40.048 for an employer admitted after April 1, 1949, and before July 23, 1995, and on the same basis as set forth in RCW 41.40.057 for an employer admitted after July 23, 1995.

[ 1995 c 286 s 5; 1991 c 35 s 77; 1989 c 273 s 27; 1965 c 155 s 4; 1963 c 174 s 9; 1953 c 200 s 8; 1951 c 50 s 4; 1949 c 240 s 11; 1947 c 274 s 17; Rem. Supp. 1949 s 11072-17.]

Notes:

Reviser's note: *(1) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (13).

**(2) RCW 41.40.045 was repealed by 1995 c 286 s 6.

Intent—1991 c 35: See note following RCW 41.26.005.

Notes of Decisions

Cited in 3 cases, 1953–1986 · leading case: City of Marysville v. State, 676 P.2d 989 (Wash. 1984).

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City of Marysville v. State, 676 P.2d 989 (Wash. 1984). · cites it 27× “We therefore hold that the provisions for prior service credit contained in RCW 41.40.160 were designed to encourage employees to remain in their jobs after acquisition by the City, that such provisions constitute part of the employment contract between the City and the…”

Roehl v. Pub. Util. Dist. No. 1, 261 P.2d 92 (Wash. 1953). · cites it 2× “RCW 41.40.160(2)]. The latter statute pertains to the retention of employees of a public utility company by an acquiring public agency, and expressly authorizes the arrangement set out in article 20 (b) of the purchase agreement.”

Geiger v. Dep't of Ret. Sys., 715 P.2d 523 (Wash. Ct. App. 1986). · cites it 5× “On May 18, 1979, Geiger petitioned the Director of Retirement Systems to grant him past service credit pursuant to RCW 41.40.160, which provides: Creditable Service.”

— Wash. Rev. Code § 41.40.160(2) — 3 cases

City of Marysville v. State, 676 P.2d 989 (Wash. 1984). “We therefore hold that the provisions for prior service credit contained in RCW 41.40.160 were designed to encourage employees to remain in their jobs after acquisition by the City, that such provisions constitute part of the employment contract between the City and the…”

Roehl v. Pub. Util. Dist. No. 1, 261 P.2d 92 (Wash. 1953). “RCW 41.40.160(2)]. The latter statute pertains to the retention of employees of a public utility company by an acquiring public agency, and expressly authorizes the arrangement set out in article 20 (b) of the purchase agreement.”

Geiger v. Dep't of Ret. Sys., 715 P.2d 523 (Wash. Ct. App. 1986). “On May 18, 1979, Geiger petitioned the Director of Retirement Systems to grant him past service credit pursuant to RCW 41.40.160, which provides: Creditable Service.”

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