Wash. Rev. Code » Title 41 · Chapter 41.40
Revised Code of Washington

Wash. Rev. Code § 41.40.180 (2026)

✓ current as of May 2026
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(1) Any member with five years of creditable service who has attained age sixty and any original member who has attained age sixty may retire on written application to the director, setting forth at what time the member desires to be retired: PROVIDED, That in the national interest, during time of war engaged in by the United States, the director may extend beyond age sixty, subject to the provisions of subsection (2) of this section, the age at which any member may be eligible to retire.
(2) Any member who has completed thirty years of service may retire on written application to the director setting forth at what time the member desires to be retired, subject to war measures.
(3) Any member who has completed twenty-five years of service and attained age fifty-five may retire on written application to the director setting forth at what time the member desires to be retired, subject to war measures.
(4) Any individual who is eligible to retire pursuant to subsections (1) through (3) of this section shall be allowed to retire while on any authorized leave of absence not in excess of one hundred and twenty days.
[ 1982 1st ex.s. c 52 s 21; 1973 1st ex.s. c 190 s 7; 1972 ex.s. c 151 s 4; 1971 ex.s. c 271 s 7; 1967 c 127 s 5; 1963 c 174 s 11; 1955 c 277 s 4; 1953 c 200 s 10; 1951 c 81 s 1; 1949 c 240 s 13; 1947 c 274 s 19; Rem. Supp. 1949 s 11072-19.]

Notes:

Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Notes of Decisions
Cited in 6 cases, 1978–2020 · leading case: Eagan v. Spellman, 581 P.2d 1038 (Wash. 1978).
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Eagan v. Spellman, 581 P.2d 1038 (Wash. 1978). · cites it 16× “RCW 41.40.180. On the other hand, the actual length of service to be credited to PERS for plaintiff or any member depends upon factors completely outside of PERS and which are unrelated to pension consideration, e.”
Campbell v. King Cnty., 685 P.2d 659 (Wash. Ct. App. 1984). · cites it 4× “Thus the only legislative provision governing mandatory retirement is found in RCW 41.40.180, which becomes incorporated into and part of the collective bargaining agreement.”
Washington Fed'n of State Employees v. State, 26 P.3d 1003 (Wash. Ct. App. 2001). “RCW 41.40.180. Members contribute six percent of their “total compensation earnable.”
Donald Sloma v. Dept. Of Ret. Sys. (Wash. Ct. App. 2020). “Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the…”
More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). “RCW 41.40.180(1), .185(2). This service pension is calculated the same way as a retirement allowance except that the member does not receive service credit for periods of total incapacitation.”
Fed'n of State Employees v. State, 26 P.3d 1003 (Wash. Ct. App. 2001). “RCW 41.40.180. Members contribute six percent of their "total compensation earnable.”
— Wash. Rev. Code § 41.40.180(1) — 1 case
More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). “RCW 41.40.180(1), .185(2). This service pension is calculated the same way as a retirement allowance except that the member does not receive service credit for periods of total incapacitation.”
— Wash. Rev. Code § 41.40.180(2) — 2 cases
Eagan v. Spellman, 581 P.2d 1038 (Wash. 1978). “RCW 41.40.180. On the other hand, the actual length of service to be credited to PERS for plaintiff or any member depends upon factors completely outside of PERS and which are unrelated to pension consideration, e.”
Campbell v. King Cnty., 685 P.2d 659 (Wash. Ct. App. 1984). “Thus the only legislative provision governing mandatory retirement is found in RCW 41.40.180, which becomes incorporated into and part of the collective bargaining agreement.”
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