41.40.163  <<  41.40.170 >>   41.40.175

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RCW 41.40.170

Credit for service in military or uniformed services.

(1) A member who has served or shall serve on active federal service in the military, naval forces, or uniformed services of the United States and who left or shall leave an employer to enter such service shall be deemed to be on military leave of absence if he or she has resumed or shall resume employment as an employee within one year from termination thereof.
(2) If he or she has applied or shall apply for reinstatement of employment, within one year from termination of the military service, and is refused employment for reasons beyond his or her control, he or she shall, upon resumption of service within 10 years have such service credited to him or her.
(3) In any event, after completing 25 years of creditable service, any member may have service in the armed forces or uniformed services credited to him or her as a member whether or not he or she left the employ of an employer to enter the armed service or uniformed services: PROVIDED, That in no instance, described in this section, shall military service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance the member must restore all withdrawn accumulated contributions, which restoration must be completed within five years of membership service following the first resumption of employment or complete 25 years of creditable service: AND PROVIDED FURTHER, That this section will not apply to any individual, not an honorably discharged veteran or veteran who received a medical discharge from the armed forces or uniformed services with an honorable record. Furthermore, an individual must prove that their military service was during a period of war as defined in RCW 41.04.005 or a member of the uniformed services who has served during a period of war and received an honorable discharge, is actively serving honorably, or received a medical discharge with an honorable record.
(4)(a) A member, after completing 25 years of creditable service, who would have otherwise become eligible for a retirement benefit as defined under this chapter while serving honorably in the armed forces, and with service during a period of war as referenced in RCW 41.04.005 or uniformed services as described in subsection (3) of this section, shall, upon application to the department, be eligible to receive credit for this service without returning to covered employment.
(b) Service credit granted under (a) of this subsection applies only to honorably discharged veterans or veterans who received a medical discharge with an honorable record whose military service was during a period of war as defined in RCW 41.04.005 or members of the uniformed services as described in subsection (3) of this section.
(5) The surviving spouse or eligible child or children of a member who left the employ of an employer to enter the armed forces or uniformed services of the United States and died while serving in the armed forces or uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the armed forces or uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or eligible child or children:
(a) Provides to the director proof of the member's death while serving in the armed forces or uniformed services; and
(b) Provides to the director proof of the member's honorable service in the armed forces or uniformed services prior to the date of death.
(6) A member who leaves the employ of an employer to enter the armed forces or uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the armed forces or uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the armed forces or uniformed services if:
(a) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the armed forces or uniformed services; and
(b) The member provides to the director proof of honorable discharge from the armed forces or uniformed services.
(7) As used in this section, "uniformed services" includes the United States public health service commissioned corps and the national oceanic and atmospheric administration commissioned officer corps.

Notes:

Findings2026 c 207: See note following RCW 41.04.010.
Intent2024 c 146: See note following RCW 73.04.005.
SeverabilityEffective date2005 c 247: See notes following RCW 41.04.005.
Intent1991 c 35: See note following RCW 41.26.005.
Severability1981 c 294: See note following RCW 41.26.115.
Severability1973 1st ex.s. c 190: See note following RCW 41.40.010.
Severability1969 c 128: See note following RCW 41.40.010.