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

Wash. Rev. Code § 41.40.200 (2026)

✓ current as of May 2026
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(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty or who becomes totally incapacitated for duty and qualifies to receive benefits under Title 51 RCW as a result of an occupational disease, as now or hereafter defined in RCW 51.08.140, while in the service of an employer, without willful negligence on his or her part, shall be retired subject to the following conditions:
(a) That the medical adviser, after a medical examination of such member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically totally incapacitated for the further performance of his or her duty and that such member should be retired;
(b) That the director concurs in the recommendation of the medical adviser;
(c) That no application shall be valid or a claim thereunder enforceable unless, in the case of an accident, the claim is filed within two years after the date upon which the injury occurred or, in the case of an occupational disease, the claim is filed within two years after the member separated from service with the employer; and
(d) That the coverage provided for occupational disease under this section may be restricted in the future by the legislature for all current and future members.
(2) The retirement for disability of a judge, who is a member of the retirement system, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the director, shall be considered a retirement under subsection (1) of this section.
[ 1991 c 35 s 80; 1986 c 207 s 1; 1982 c 18 s 3; 1955 c 277 s 5; 1951 c 50 s 6; 1949 c 240 s 15; 1947 c 274 s 21; Rem. Supp. 1949 s 11072-21.]

Notes:

Intent—1991 c 35: See note following RCW 41.26.005.
Notes of Decisions
Cited in 11 cases, 1953–2015 · leading case: Garrett Freightlines, Inc. v. Dep't of Labor & Indus., 725 P.2d 463 (Wash. Ct. App. 1986).
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Garrett Freightlines, Inc. v. Dep't of Labor & Indus., 725 P.2d 463 (Wash. Ct. App. 1986). · cites it 2× “In Dillard , the Supreme Court upheld the Court of Appeals ruling that an employee in a violent ward at Western State Hospital had been incapacitated due to an accident within the meaning of RCW 41.40.200. The "accident" consisted of a series of violent confrontations with…”
Marler v. Dep't of Ret. Sys., 997 P.2d 966 (Wash. Ct. App. 2000). · cites it 8× “1 PERS 1 was not intended as a disability insurance policy or as a supplement to the job-related disability compensation provisions of the State workers’ compensation laws, Title 51 RCW Its duty-related disability retirement provisions were designed primarily to maintain a…”
Dillard v. Washington Pub. Employees' Ret. Sys., 611 P.2d 1231 (Wash. 1980). · cites it 4× “*679 Dillard applied for a duty disability retirement under RCW 41.40.200. As originally enacted, that statute read: [U]pon application of a member .”
Wagner v. Washington State Pub. Employees' Ret. Bd., 561 P.2d 1131 (Wash. Ct. App. 1977). · cites it 4× “His failure to apply within two years of that date clearly places him outside the requirements of RCW 41.40.200. 2. Even if the disability did not become totally disabling until June 22, 1973, the application was filed more than two years subsequent to the date upon which the…”
Potter v. Dep't of Ret. Sys., 100 Wash. App. 898 (Wash. Ct. App. 2000). · cites it 11× “” RCW 41.40.200. This statute provides, in pertinent part: (1) .”
Potter v. Dep't of Ret. Sys., 999 P.2d 1280 (Wash. Ct. App. 2000). · cites it 11× “[U]pon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty .”
Dillard v. Washington Pub. Employees' Ret. Sys., 597 P.2d 428 (Wash. Ct. App. 1979). · cites it 11× “Dillard a duty disability award for which she had applied pursuant to the provisions of RCW 41.40.200. We reverse and remand with instruction to award Mrs.”
More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). · cites it 16× “Former RCW 41.40.200 (1982). In reviewing More’s claim, the superior court suggested the following hypothesis for why the legislature may have tied PERS 1 benefits for an occupational disease to qualification for IIA benefits for the *588 same disease: The Department of Labor…”
Grosche v. Washington State Employees' Ret. Bd., 418 P.2d 476 (Wash. 1966). · cites it 3× “He filed a claim with the Washington State Employees’ Retirement Board in which he contended that his retirement resulted from a duty disability, and requested retirement benefits as provided by RCW 41.40.200. A hearing was had upon the claim.”
Clark v. Ret. Bd. of the State Employees' Ret. Sys., 260 P.2d 348 (Wash. 1953). · cites it 2× “Clark, was in the ‘actual performance of duty’ within the meaning of RCW 41.40.200 when he became totally incapacitated for duty as the natural and proximate result of an accident occurring while in the service of an employer without wilful negligence on his part.”
John D. Kovacs v. Dept. of Labor & Indus., State Of Washington (Wash. Ct. App. 2015). “In relation to retirement benefits, RCW 41.40.200(1 )(c) requires an application for a disability retirement allowance from the Public Employees' Retirement 6 No.”
— Wash. Rev. Code § 41.40.200(1) — 3 cases
Potter v. Dep't of Ret. Sys., 100 Wash. App. 898 (Wash. Ct. App. 2000). “” RCW 41.40.200. This statute provides, in pertinent part: (1) .”
More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). “Former RCW 41.40.200 (1982). In reviewing More’s claim, the superior court suggested the following hypothesis for why the legislature may have tied PERS 1 benefits for an occupational disease to qualification for IIA benefits for the *588 same disease: The Department of Labor…”
Potter v. Dep't of Ret. Sys., 999 P.2d 1280 (Wash. Ct. App. 2000). “[U]pon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty .”
— Wash. Rev. Code § 41.40.200(1)(c) — 2 cases
Marler v. Dep't of Ret. Sys., 997 P.2d 966 (Wash. Ct. App. 2000). “1 PERS 1 was not intended as a disability insurance policy or as a supplement to the job-related disability compensation provisions of the State workers’ compensation laws, Title 51 RCW Its duty-related disability retirement provisions were designed primarily to maintain a…”
Potter v. Dep't of Ret. Sys., 999 P.2d 1280 (Wash. Ct. App. 2000). “[U]pon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty .”
— Wash. Rev. Code § 41.40.200(l)(c) — 2 cases
Marler v. Dep't of Ret. Sys., 997 P.2d 966 (Wash. Ct. App. 2000). “1 PERS 1 was not intended as a disability insurance policy or as a supplement to the job-related disability compensation provisions of the State workers’ compensation laws, Title 51 RCW Its duty-related disability retirement provisions were designed primarily to maintain a…”
Potter v. Dep't of Ret. Sys., 100 Wash. App. 898 (Wash. Ct. App. 2000). “” RCW 41.40.200. This statute provides, in pertinent part: (1) .”
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