As used in this chapter, unless a different meaning is plainly required by the context:
RCW 41.26.030
Reviser's note: This section was amended by 2024 c 304 s 202 and by 2024 c 319 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date- 2024 c 319 s 4: "Section 4 of this act takes effect July 1, 2025." [2024 c 319 s 7.]
Effective date- 2024 c 304 s 202: "Section 202 of this act takes effect July 1, 2025." [2024 c 304 s 204.]
Effective date- 2023 c 77 : See note following RCW 41.26.565.
Retroactive application- 2021 c 12 : "It is the intent of the legislature that this act be curative, remedial, and retroactively applied." [2021 c 12 s 1.]
Purpose-Application- 2012 c 236 : "(1) On August 18, 2011, the state supreme court entered an opinion in the matter of Dolan v. King County, Cause No. 82842-3. The court recognized that a public employees' retirement system eligible employee must work for a public employees' retirement system employer under RCW 41.40.010. However, the court did not explain how such an employee can be an employee of a government contractor and also of a government employer. The legislature determines it necessary and appropriate to affirmatively state that a governmental contractor is not an employer for purposes of the state's public pension systems, including the public employees' retirement system, whether or not the contractor is providing mandatory or discretionary governmental services, and whether or not the contractor is a for-profit or not-for-profit entity.
(2) The legislature has not intended in its pension legislation to provide retirement system eligibility to employees of government contractors. Only in specific circumstances, such as employees of entities, including nonprofits, created by government under the interlocal cooperation act in chapter 39.34 RCW, has the legislature and department of retirement systems permitted retirement system eligibility for employees of government contractors. The department's rules in WAC 415-02-110 conform to the purpose and intent of the legislature regarding public pension eligibility.
(3) It is the purpose of this act to more clearly state and to confirm that employees of for-profit or not-for-profit corporations or other entities providing services under governmental contracts are not, as a result of providing such governmental service, eligible for membership in the various public retirement programs. The state and its local governments have not provided for such eligibility and such eligibility would create unfunded liability for state and local governments and potential impacts on the integrity of the public pension systems.
(4) This act provides cross-references to existing statutes that affect eligibility for pensions under the retirement systems authorized by chapters 41.26, 41.32, 41.35, 41.37, 41.40, and 41.50 RCW and to the relevant definition sections of those chapters. Except as provided, this act is technical in nature and neither enhances nor diminishes existing pension rights. It is not the intent of the legislature to change the substance or effect of any statute previously enacted. Rather, this act provides cross-references to applicable statutes in order to aid with the administration of eligibility and benefits authorized in chapters 41.26, 41.32, 41.35, 41.37, 41.40, and 41.50 RCW.
(5) This act shall apply solely to eligibility for state-sponsored public employee pension plans under chapters 41.26, 41.32, 41.35, 41.37, and 41.40 RCW and shall not affect any other statute or rule regarding employee benefits, status, or workplace protections.
(6) This act is curative and remedial, but does not affect the state supreme court decision in Dolan v. King County, Cause No. 82842-3, and the right established therein of King county public defenders and staff to public employees' retirement system enrollment and eligibility." [2012 c 236 s 1.]
Effective date-2011 1st sp.s. c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 1st sp.s. c 5 s 7.]
Effective date-2010 2nd sp.s. c 1: See note following RCW 38.52.105.
Intent-Conflict with federal requirements-Effective date-2010 1st sp.s. c 32: See notes following RCW 42.04.060.
Effective date-1996 c 178: See note following RCW 18.35.110.
Intent-Severability-Effective date-1994 c 197: See notes following RCW 41.50.165.
Effective date-1993 c 502: "This act shall take effect January 1, 1994." [ 1993 c 502 s 6.]
Application-1993 c 322 s 1: "Section 1 of this act shall apply retroactively to January 1, 1993." [ 1993 c 322 s 2.]
Effective date-1993 c 322: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]." [ 1993 c 322 s 3.]
Severability-1991 c 365: See note following RCW 41.50.500.
Findings-Effective dates-1991 c 343: See notes following RCW 41.50.005.
Intent-1991 c 35: See note following RCW 41.26.005.
Purpose-Application-Retrospective application-1985 c 13: See notes following RCW 41.04.445.
Purpose-1981 c 256: "It is the primary purpose of this act to assure that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred compensation plan established thereunder, are in conformity with the requirements of 26 U.S.C. Sec. 457 and any other requirements of federal law relating to such a deferred compensation plan. This act shall be construed in such a manner as to accomplish this purpose." [ 1981 c 256 s 1.]
Severability-1981 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 256 s 7.]
Severability-1974 ex.s. c 120: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1974 ex.s. c 120 s 15.]
Severability-1972 ex.s. c 131: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1972 ex.s. c 131 s 12.]
Purpose-1971 ex.s. c 257: "It is the purpose of this act to provide minimum medical and health standards for membership coverage into the Washington law enforcement officers' and firefighters' retirement system act, for the improvement of the public service, and to safeguard the integrity and actuarial soundness of their pension systems, and to improve their retirement and pension systems and related provisions." [ 1971 ex.s. c 257 s 1.]
Severability-1971 ex.s. c 257: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 257 s 22.]