Revised Code of Washington

Wash. Rev. Code § 41.40.185 (2026)

✓ current as of May 2026

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Upon retirement from service, as provided for in RCW 41.40.180 or 41.40.210, a member shall be eligible for a service retirement allowance computed on the basis of the law in effect at the time of retirement, together with such post-retirement pension increases as may from time to time be expressly authorized by the legislature. The service retirement allowance payable to members retiring on and after February 25, 1972 shall consist of:

(1) An annuity which shall be the actuarial equivalent of his or her additional contributions made pursuant to RCW 41.40.330(2).

(2) A membership service pension, subject to the provisions of subsection (4) of this section, which shall be equal to two percent of his or her average final compensation for each service credit year or fraction of a service credit year of membership service.

(3) A prior service pension which shall be equal to one-seventieth of his or her average final compensation for each year or fraction of a year of prior service not to exceed thirty years credited to his or her service accounts. In no event, except as provided in *this 1972 amendatory act, shall any member receive a retirement allowance pursuant to subsections (2) and (3) of this section of more than sixty percent of his or her average final compensation: PROVIDED, That no member shall receive a pension under this section of less than nine hundred dollars per annum if such member has twelve or more years of service credit, or less than one thousand and two hundred dollars per annum if such member has sixteen or more years of service credit, or less than one thousand five hundred and sixty dollars per annum if such member has twenty or more years of service credit.

(4) Notwithstanding the provisions of subsections (1) through (3) of this section, the retirement allowance payable for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement allowance shall be equal to three percent of the average final compensation for each year of such service. Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement allowance of at least one thousand two hundred dollars per annum; such member who has served fifteen or more years shall receive a retirement allowance of at least one thousand eight hundred dollars per annum; and such member who has served twenty or more years shall receive a retirement allowance of at least two thousand four hundred dollars per annum: PROVIDED, That the initial retirement allowance of a member retiring only under the provisions of this subsection shall not exceed the average final compensation upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected to the office of state senator or state representative.

[ 1991 c 343 s 7; 1990 c 249 s 7; 1987 c 143 s 2; 1973 1st ex.s. c 190 s 8; 1972 ex.s. c 151 s 5.]

Notes:

*Reviser's note: For codification of "this 1972 amendatory act" [1972 ex.s. c 151], see Codification Tables.

Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.

Findings—1990 c 249: See note following RCW 2.10.146.

Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.

Notes of Decisions

Cited in 13 cases, 1977–2020 · 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 4× “40) at the time Eagan became a member, she was entitled to a "retirement allowance" at the rate of 2 percent of her "average final compensation" for each year or fraction of a year of membership service (RCW 41.40.185(2)), but her total annual retirement allowance could not…”

Densley v. Dep't of Ret. Sys., 162 Wash. 2d 210 (Wash. 2007). “RCW 41.40.185. “Service” is defined as “periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid.”

Washington State Pub. Employees' Bd. v. Cook, 559 P.2d 991 (Wash. 1977). · cites it 2× “See RCW 41.40.185(5) and RCW 41.40.190(6). These provisions also require that the beneficiary have an insurable interest in the member's life.”

Densley v. Dep't of Ret. Sys., 173 P.3d 885 (Wash. 2007). “RCW 41.40.185. Service is defined as "periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid.”

Washington Educ. Ass'n v. Dep't of Ret. Sys., 332 P.3d 439 (Wash. 2014). “498; RCW 41.40.185 (outlining that the Plan 1 annual retirement allowance shall be two percent of the employee’s average final compensation for each service credit year).”

Washington Fed'n of State Employees v. State, 26 P.3d 1003 (Wash. Ct. App. 2001). “” RCW 41.40.185(2). PERS I members may retire after 30 years of eligible service, at age 60 with five years of service, or at age 55 after 25 years of service.”

Serres v. Dep't of Ret. Sys., 261 P.3d 173 (Wash. Ct. App. 2011). “13 See RCW 41.40.185, .620, .790. 14 Dep’t of Ecology v.”

Strong v. Dep't of Ret. Sys., 810 P.2d 974 (Wash. Ct. App. 1991). “RCW 41.40.185 provides the method for computing the pension.”

More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). · cites it 3× “RCW 41.40.185, .210 - .220. The retirement allowance is calculated in part on the number of service credit years.”

Donald Sloma v. Dept. Of Ret. Sys. (Wash. Ct. App. 2020). “53054-6-II to the member at retirement without a reduction in the member’s monthly retirement benefit as determined under RCW 41.40.185. (2) Upon retirement, the member’s benefit shall be calculated using only the compensation earnable credited prior to the effective date of the…”

Wash. Educ. Ass'n v. Dep't of Ret. Sys. (Wash. 2014). “498; RCW 41.40.185 (outlining that the Plan 1 annual retirement allowance shall be two percent of the employee's average final compensation for each service credit year).”

Show all 13 citing cases →

— Wash. Rev. Code § 41.40.185(2) — 4 cases

Eagan v. Spellman, 581 P.2d 1038 (Wash. 1978). “40) at the time Eagan became a member, she was entitled to a "retirement allowance" at the rate of 2 percent of her "average final compensation" for each year or fraction of a year of membership service (RCW 41.40.185(2)), but her total annual retirement allowance could not…”

More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). “RCW 41.40.185, .210 - .220. The retirement allowance is calculated in part on the number of service credit years.”

Fed'n of State Employees v. State, 26 P.3d 1003 (Wash. Ct. App. 2001).

— Wash. Rev. Code § 41.40.185(3) — 1 case

— Wash. Rev. Code § 41.40.185(5) — 1 case

Washington State Pub. Employees' Bd. v. Cook, 559 P.2d 991 (Wash. 1977). “See RCW 41.40.185(5) and RCW 41.40.190(6). These provisions also require that the beneficiary have an insurable interest in the member's life.”

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