RCW ch. 41.04 — Revised Code of Washington Chapter 41.04 RCW — General Provisions

RCW 41.04.003 Title application—Health benefit exchange. Except for chapters 41.05 and 41.40 RCW, this title does not apply to any position in or employee of the Washington health benefit exchange established in chapter 43.71 RCW. [ 2012 c 87 s 19.] NOTES: Effective date— RCW 41.04.005 "Veteran" defined for certain purposes—Service during period of war or opposed action on foreign soil. (1) As used in this section, "veteran" includes every person, who at the time he or she seeks the benefits of this section and has received a qualifying discharge as defined in RCW 73.04.005 and who meets at least one of the following criteria: (a) The person has served between World War I and World War II or during any period of war, as defined in subsection (2) of this section, as either: (i) A member in any branch of the armed forces of the United States; (ii) A member of the women's air forces service pilots; (iii) A U.S. documented merchant mariner with service aboard an oceangoing vessel operated by the war shipping administration, the office of defense transportation, or their agents, from December 7, 1941, through December 31, 1946; or (iv) A civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or (b) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary medal, for opposed action on foreign soil, for service: (i) In any branch of the armed forces of the United States; or (ii) As a member of the women's air forces service pilots. (2) A "period of war" includes: (a) World War I; (b) World War II; (c) The Korean conflict; (d) The Vietnam era, which means: (i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period; (ii) The period beginning August 5, 1964, and ending on May 7, 1975; (e) The Persian Gulf War, which was the period beginning August 2, 1990, and ending on February 28, 1991, or ending on November 30, 1995, if the participant was awarded a campaign badge or medal for such period; (f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress; and (g) Any armed conflicts, if the participant was awarded the respective campaign or expeditionary badge or medal, or if the service was such that a campaign or expeditionary badge or medal would have been awarded, except that the member already received a campaign or expeditionary badge or medal for a prior deployment during that same conflict. [ 2024 c 146 s 2; 2023 c 18 s 1; 2020 c 178 s 1; 2018 c 61 s 1. Prior: 2005 c 255 s 1; 2005 c 247 s 1; prior: 2002 c 292 s 1; 2002 c 27 s 1; 1999 c 65 s 1; 1996 c 300 s 1; 1991 c 240 s 1; 1984 c 36 s 1; 1983 c 230 s 1; 1982 1st ex.s. c 37 s 20; 1969 ex.s. c 269 s 1.] NOTES: Intent— RCW 41.04.007 "Veteran" defined for certain purposes—Service in certain capacities. (Effective until October 1, 2035.) "Veteran" includes every person who, at the time he or she seeks the benefits of RCW 46.18.212, 46.18.235, 46.19.010, 72.36.030, 41.04.010, 73.04.090, or 43.180.250, has received a qualifying discharge as defined in RCW 73.04.005, and who has served in at least one of the following capacities: (1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation; (2) As a member of the women's air forces service pilots; (3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days; (4) As a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; (5) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945; or (6) A United States documented merchant mariner with service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950, through July 27, 1953, in Korean territorial waters and from August 5, 1964, through May 7, 1975, in Vietnam territorial waters, and who received a military commendation. [ 2025 c 295 s 4; 2024 c 146 s 3; 2017 c 97 s 1; 2013 c 42 s 1; 2010 c 161 s 1105; 2007 c 448 s 1; 2006 c 252 s 2. Prior: 2005 c 251 s 1; 2005 c 216 s 7; 2002 c 292 s 2.] NOTES: Expiration date— RCW 41.04.010 Veterans' and uniformed service members' scoring criteria status in examinations. (1) In all competitive examinations, unless otherwise provided in this section, to determine the qualifications of applicants for public offices, positions, or employment, either the state, and all of its political subdivisions and all municipal corporations, or private companies or agencies contracted with by the state to give the competitive examinations shall give a scoring criteria status to all veterans as defined in RCW 41.04.007 and members of the uniformed services as defined in this section, by adding to the passing mark, grade or rating only, based upon a possible rating of one hundred points as perfect a percentage in accordance with the following: (a) Ten percent to a veteran or member of the uniformed services who served during a period of war or in an armed conflict as defined in RCW 41.04.005 and does not receive military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's or uniformed service member's first appointment. The percentage shall not be utilized in promotional examinations; (b) Five percent to a veteran or member of the uniformed services who did not serve during a period of war or in an armed conflict as defined in RCW 41.04.005 or is receiving military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's or uniformed service member's first appointment. The percentage shall not be utilized in promotional examinations; (c) Five percent to a veteran or member of the uniformed services who was called to active military service from employment with the state or any of its political subdivisions or municipal corporations. The percentage shall be added to promotional examinations until the first promotion only; (d) All veterans' scoring criteria may be claimed: (i) Upon release from active military service with a qualifying discharge as defined in RCW 73.04.005; (ii) Upon receipt of a United States department of defense discharge document DD form 214, NGB form 22, or their equivalent or successor discharge paperwork, that characterizes his or her discharge as a qualifying discharge as defined in RCW 73.04.005; or (iii)(A) Upon receipt of a predischarge certification as defined in RCW 73.04.005, provided that: (I) The predischarge certification was issued not more than 120 days prior to the date of submission; and (II) The individual provides the official discharge documentation, such as a DD form 214, NGB form 22, or equivalent or successor discharge paperwork, that characterizes his or her discharge as a qualifying discharge as defined in RCW 73.04.005, within 30 days after the date of discharge. (B) If official discharge documentation is not provided within 30 days of discharge, the employing agency shall notify the individual and afford a reasonable opportunity, a minimum of 15 days, to submit the required documentation. (C) If official discharge documentation is not provided within that additional period, the agency may rescind any appointment or benefit granted based solely on the predischarge certification. (D) The predischarge certification shall not be used to determine eligibility for preference beyond the date of discharge, including in layoff or retention actions, unless and until official discharge paperwork is submitted. (2) As used in this section, "member of the uniformed services" or "uniformed services member" means a person serving or who has served in the United States public health service commissioned corps or the national oceanic and atmospheric administration commissioned officer corps who received a qualifying discharge as defined in RCW 73.04.005 or is actively serving honorably. [ 2026 c 207 s 8; 2026 c 146 s 2; 2024 c 146 s 14; 2017 c 97 s 2; 2013 c 83 s 1; 2009 c 248 s 1; 2007 c 449 s 1; 2003 c 45 s 1; 2002 c 292 s 4; 2000 c 140 s 1; 1974 ex.s. c 170 s 1; 1969 ex.s. c 269 s 2; 1953 ex.s. c 9 s 1; 1949 c 134 s 1; 1947 c 119 s 1; 1945 c 189 s 1; Rem. Supp. 1949 s 9963-5.] NOTES: Reviser's note: RCW 41.04.012 Competitive examination preference points. (1) In all competitive examinations, unless otherwise provided in this section, to determine the qualifications of applicants for public offices, positions, or employment, either the state, and all of its political subdivisions and all municipal corporations, or private companies or agencies contracted with by the state to give the competitive examinations may, at the discretion of the agency head within the hiring organization, add a maximum of 15 percent to the passing mark, grade, or rating only, based upon a possible rating of 100 as a perfect percentage in accordance with any of the following qualifications: (a) Ten percent to a candidate who has obtained full professional proficiency or who is completely fluent as a native speaker in two or more languages other than English; (b) Five percent to a candidate who has obtained full professional proficiency or who is completely fluent as a native speaker in one language other than English; (c) Five percent to a candidate with two or more years of professional experience or volunteer experience in the peace corps, AmeriCorps, domestic violence counseling, mental or behavioral health care, homelessness programs, or other social services professions; and (d) Five percent to a candidate who has obtained an associate of arts or science degree or higher degree. (2) Preference points under this section may not be aggregated to exceed more than 15 percent of the applicant's examination score. (3) The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the candidate's first appointment. No preference points under this subsection may be used in promotional examinations. (4) For purposes of this section, "full professional fluency" means the ability to have advanced discussions on a wide range of topics about personal life, current events, and technical topics, including but not limited to law enforcement, emergency services, and public safety-related protocols. Candidates with this level of fluency should demonstrate an extensive vocabulary and be able to carry on a conversation with ease, making only minor mistakes. (5) For purposes of this section, "native speaker" means a person who was either raised speaking the language or has been speaking it for such a duration that the person is completely fluent. [ 2024 c 330 s 1.] RCW 41.04.015 Public employment—Evidence of educational competence. A Washington high school equivalency certificate as awarded by the Washington state superintendent of public instruction or a high school equivalency certificate as provided in RCW 28B.50.536 shall be accepted in lieu of a high school diploma by the state and any local political subdivision when considering applicants for employment or promotion. [ 2013 c 39 s 19; 1971 c 43 s 1.] RCW 41.04.017 Death benefit—Course of employment—Occupational disease or infection. A one hundred fifty thousand dollar death benefit shall be paid as a sundry claim to the estate of an employee of any state agency, the common school system of the state, or institution of higher education who dies as a result of (1) injuries sustained in the course of employment; or (2) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter, and is not otherwise provided a death benefit through coverage under their enrolled retirement system under chapter 402, Laws of 2003. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the director of the department of enterprise services by order under RCW 51.52.050. [ 2015 c 225 s 51; 2007 c 487 s 1; 2003 c 402 s 4.] NOTES: RCW 41.04.020 Public employees—Payroll deductions authorized. Any employee or group of employees of the state of Washington or any of its political subdivisions, or of any institution supported, in whole or in part, by the state or any of its political subdivisions, may authorize the deduction from his or her salaries or wages and payment to another, the amount or amounts of his or her subscription payments or contributions to any person, firm, or corporation administering, furnishing, or providing (1) medical, surgical, and hospital care or either of them, or (2) life insurance or accident and health disability insurance, or (3) any individual retirement account selected by the employee or the employee's spouse established under applicable state or federal law: PROVIDED, That such authorization by said employee or group of employees, shall be first approved by the head of the department, division office or institution of the state or any political subdivision thereof, employing such person or group of persons, and filed with the department of enterprise services; or in the case of political subdivisions of the state of Washington, with the auditor of such political subdivision or the person authorized by law to draw warrants against the funds of said political subdivision. [ 2011 1st sp.s. c 43 s 471; 1998 c 116 s 1; 1982 c 107 s 1; 1973 c 106 s 15; 1947 c 70 s 1; Rem. Supp. 1947 s 9963-10.] NOTES: Effective date— RCW 41.04.030 Payroll deductions—Duty of auditing officer. Upon being authorized by any employee or group of employees so to do under the provisions of RCW 41.04.020, the auditor or other person authorized to draw warrants against the funds involved is authorized, and if such medical, surgical, and hospital care or either of them, or life insurance or accident and health disability insurance is to be provided on a group basis for groups each of not less than twenty-five individuals such auditor or other person is hereby required, to draw and issue a proper warrant or warrants directly to and in favor of the person, firm, or corporation, or organization named in the authorization for the total amount authorized to be deducted from the payroll of any such office, department, division, or institution. [ 1953 c 260 s 1; 1947 c 70 s 2; Rem. Supp. 1947 s 9963-11.] RCW 41.04.033 Operation of the Washington state combined fund drive—Secretary of state—Rules. The secretary of state is authorized to adopt rules, after consultation with state agencies, institutions of higher education, and employee organizations for the operation of the Washington state combined fund drive. [ 2010 1st sp.s. c 7 s 9; 2010 c 101 s 1; 2003 c 205 s 1; 2002 c 61 s 4.] NOTES: Reviser's note: RCW 41.04.0331 State combined fund drive program—Powers and duties of secretary of state. To operate the Washington state combined fund drive program, the secretary of state or the secretary's designee may, but is not limited to the following: (1) Raise money for charity, and reducing [reduce] the disruption to government caused by multiple fund drives; (2) Establish criteria by which a public or private nonprofit organization may participate in the combined fund drive; (3) Engage in or encouraging [encourage] fund-raising activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington state combined fund drive; (4) Request the appointment of employees from state agencies and institutions of higher education to lead and manage workplace charitable giving campaigns within state government; (5) Engage in educational activities, including classes, exhibits, seminars, workshops, and conferences, related to the basic purpose of the combined fund drive; (6) Engage in appropriate fund-raising and advertising activities for the support of the administrative duties of the Washington state combined fund drive; and (7) Charge an administrative fee to the beneficiaries of the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law. [ 2010 1st sp.s. c 7 s 10; 2010 c 101 s 2; 2003 c 205 s 2.] NOTES: Reviser's note: RCW 41.04.0332 State combined fund drive—Secretary of state—Contracts and partnerships. The secretary of state may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law. [ 2010 1st sp.s. c 7 s 11; 2010 c 101 s 3; 2003 c 205 s 3.] NOTES: Reviser's note: RCW 41.04.035 Salary and wage deductions for contributions to charitable agencies—"United Fund" defined—Includes Washington state combined fund drive. For the purpose of RCW 41.04.035 and 41.04.036 "United Fund" means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable and public health, welfare and service purposes, which is commonly known as the United Fund or the Washington state combined fund drive. [ 2002 c 61 s 1; 1957 c 208 s 1.] RCW 41.04.036 Salary and wage deductions for contributions to charitable agencies—Deduction and payment to United Fund or Washington state combined fund drive—Rules, procedures. Any official of the state or of any of its political subdivisions authorized to disburse funds in payment of salaries or wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salary or wages of the officer or employee the amount of money designated by the officer or employee for payment to the United Fund or the Washington state combined fund drive. The moneys so deducted shall be paid over promptly to the United Fund or the Washington state combined fund drive designated by the officer or employee. Subject to any rules adopted by the office of financial management, the official authorized to disburse the funds in payment of salaries or wages may prescribe any procedures necessary to carry out RCW 41.04.035 and 41.04.036. [ 2002 c 61 s 2; 1983 1st ex.s. c 28 s 2; 1979 c 151 s 53; 1973 c 106 s 16; 1957 c 208 s 2.] NOTES: Application— RCW 41.04.039 Washington state combined fund drive account—Created. The Washington state combined fund drive account is created in the custody of the state treasurer. All receipts from the combined fund drive must be deposited into the account. Expenditures from the account may be used only for the beneficiaries of the Washington state combined fund drive. Only the secretary of state or the secretary's designee may authorize expenditures from the account. The account is not subject to allotment procedures under chapter 43.88 RCW, and an appropriation is not required for expenditures. [ 2010 c 101 s 4; 2002 c 61 s 3.] RCW 41.04.045 Public service loan forgiveness program—Awareness materials—Employment certification. (1) As soon as available, a state agency shall provide the materials described in RCW 28B.77.009 in written or electronic form to: (a) All employees annually; (b) Newly hired employees within 30 days of the employee's first day of employment; and (c) Separated employees upon separation. (2) A state agency must certify employment for the purposes of the public service loan forgiveness program in accordance with the program established in RCW 43.41.425 beginning July 1, 2023. (a) If a state agency does not directly certify employment with the United States department of education, the state agency must certify employment for any current or former employee who requests employment certification by providing a partially completed manual public student loan forgiveness form to the appropriate agency contact or by submitting a request to the appropriate agency contact through the federal public service loan forgiveness online help tool. (b) A state agency must also send a notice to submit a public service loan forgiveness employment certification request to any current employee for whom the state agency has previously certified employment, one year after the last date employment was certified for that employee. (c) A state agency shall not unreasonably delay in certifying employment. (d) A state agency must seek permission from its employees prior to certifying their employment. (e) Institutions of higher education must use the calculation established in RCW 41.04.055 and may apply it retroactively to determine whether a part-time academic employee is considered full time for the public service loan forgiveness program. (f) A state agency may send the information necessary for public service loan forgiveness employment certification to the United States department of education, or its agents, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly, notwithstanding other provisions of law. (g) The office of financial management is authorized to adopt rules for the purpose of this section. (3) An employee of a state agency may opt out of the employment certification process established in RCW 43.41.425 at any time. (4) For purposes of this section, the definitions in this subsection apply: (a) "Certifying employment" means either completing the employer sections of the public service loan forgiveness form, completing the employer information requested through the federal public service loan forgiveness online help tool, or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form. (b) "Full time" has the same meaning as set forth in 34 C.F.R. Sec. 685.219. (c) "Public service employer" includes the following: (i) Any governmental entity including state, county, city, or other local government entity including political subdivisions, such as office, department, independent agency, school district, public college or university system, public library system, authority, or other body including the legislature and the judiciary; (ii) Any employer that has received designation as a tax-exempt organization pursuant to Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended; (iii) Any other entities identified as a public service job in Title 20 U.S.C. Sec. 1087e(m). (d) "Public service loan forgiveness program" means the federal loan forgiveness program established pursuant to Title 20 U.S.C. Sec. 1087e(m) and 34 C.F.R. Sec. 685.219. (e) "State agency" or "agency" means departments, offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and educational service districts. [ 2024 c 2 s 1; 2022 c 248 s 4.] NOTES: Intent— RCW 41.04.055 Public service loan forgiveness program—Part-time academic employees. For the purpose of determining whether a part-time academic employee at an institution of higher education is considered full time for certifying employment for the public service loan forgiveness program, duties performed in support of, or in addition to, contractually assigned in-class teaching hours must be included. To calculate this, each hour of in-class teaching time must be multiplied by at least 3.35 hours. This section shall not supersede any calculation or adjustment established by a collective bargaining agreement or employer policy for additional work done outside of in-class teaching for any purposes other than certifying employment for the public service loan forgiveness program. An institution of higher education shall not treat any adjusted total hours worked differently from hours worked without an adjustment when determining whether an employee is full time. "Institution of higher education" has the same meaning as "institutions of higher education" in RCW 28B.10.016. [ 2024 c 2 s 2; 2022 c 248 s 5.] NOTES: Intent— RCW 41.04.110 Persons employed by more than one agency—Joint operation—May provide membership in single system. When there exists a joint operation of a public service, the authorities may make provision for membership of all new employees in one designated retirement system by agreement with the proper authorities. [ 1951 c 98 s 5.] RCW 41.04.120 Civil service and retirement rights preserved when elective office assumed. Any civil service employee of the state of Washington or of any political subdivision thereof who is on leave of absence by reason of having been elected or appointed to an elective office shall be preserved in his or her civil service status, his or her seniority, rank and retirement rights so long as he or she regularly continues to make the usual contribution incident to the retention of such beneficial rights as if he or she were not on leave of absence: PROVIDED, That such contributions being made shall be based on the rank at the time of taking such leave of absence. [ 2012 c 117 s 5; 1957 c 164 s 1.] RCW 41.04.130 Extension of provisions of retirement and pension systems by cities of the first class to nonincluded personnel. Any city of the first class may, by ordinance, extend, upon conditions deemed proper, the provisions of retirement and pension systems for superannuated and disabled officers and employees to officers and employees with five years of continuous service and acting in capacities in which they would otherwise not be entitled to participation in such systems: PROVIDED, That the following shall be specifically exempted from the provisions of this section. (1) Members of the police departments who are entitled to the benefits of the police relief and pension fund as established by state law. (2) Members of the fire department who are entitled to the benefits of the firefighters' relief and pension fund as established by state law. [ 2013 c 23 s 68; 1945 c 52 s 1; 1941 c 192 s 1; Rem. Supp. 1945 s 9592-129. Formerly codified as RCW 41.28.250.] RCW 41.04.140 Interchange of personnel between federal and state agencies—"State agency" defined. "State agency" means a board, department, commission or institution of the state or its political subdivisions. [ 1959 c 102 s 1.] RCW 41.04.150 Interchange of personnel between federal and state agencies—Agreements—Provisions. A state agency may enter into agreements with departments or other subdivisions of the federal government for the interchange of personnel on projects which are of mutual benefit to the state and federal government. An interchange agreement shall specify the fiscal arrangements to be made, including compensations, rights, benefits and obligations of the employees concerned, travel and transportation of employees, their immediate families and household goods, and the duties and supervision of employees while on assignment. [ 1959 c 102 s 2.] RCW 41.04.160 Interchange of personnel between federal and state agencies—Employment status of state employees participating—Retirement—Civil service. State agency employees participating in an interchange may be carried on detail or in a leave of absence status. (1) Wherever practicable, employees should be carried on detail. While on detail under an interchange agreement, employees shall remain employees of the state agency for all fiscal purposes, but shall receive no reimbursement for travel or other expenses except as provided in RCW 41.04.150. (2) State agency employees who receive temporary appointments with federal agencies shall be carried by the state agency in a leave of absence status. Participation in an interchange shall be considered as service under any retirement system of which the employees are members. Arrangements for payment of employees' contributions to a retirement system may be by the interchange agreement or otherwise. Employees participating in an interchange shall be entitled to credit the full period toward promotion or salary increase as provided by any applicable civil service laws or regulations. [ 1959 c 102 s 3.] RCW 41.04.170 Interchange of personnel between federal and state agencies—Employment status of federal employees participating—Retirement—Civil service. Federal employees participating in an interchange may receive appointment by the state agency, or may be considered to be on detail with the state agency. (1) Appointments of federal employees shall be made without regard to civil service laws or regulations. Compensation shall be in accordance with the usual rates paid by the state agency for similar positions. An appropriate percentage of compensation shall be deducted and transmitted to the federal agency for retirement and insurance where the interchange agreement so provides. (2) Federal employees on detail with a state agency remain employees of and shall continue to receive their compensation from the federal agency, subject to the terms of the interchange agreement. [ 1959 c 102 s 4.] RCW 41.04.180 Hospitalization and medical aid for county, municipal and other political subdivision employees—Governmental contributions authorized. Any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body may, whenever funds shall be available for that purpose provide for all or a part of hospitalization and medical aid for its employees and their dependents through contracts with regularly constituted insurance carriers or with health care service contractors as defined in chapter 48.44 RCW or self-insurers as provided for in chapter 48.62 RCW, for group hospitalization and medical aid policies or plans: PROVIDED, That any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body shall provide the employees thereof a choice of policies or plans through contracts with not less than two regularly constituted insurance carriers or health care service contractors or other health care plans, including but not limited to, trusts of self-insurance as provided for in chapter 48.62 RCW: AND PROVIDED FURTHER, That any county may provide such hospitalization and medical aid to county elected officials and their dependents on the same basis as such hospitalization and medical aid is provided to other county employees and their dependents: PROVIDED FURTHER, That provision for school district personnel shall not be made under this section but shall be as provided for in RCW 28A.400.350. [ 1991 sp.s. c 30 s 18; 1974 ex.s. c 82 s 1; 1973 1st ex.s. c 147 s 6; 1970 ex.s. c 39 s 10; 1969 ex.s. c 237 s 1; 1967 c 135 s 1; 1965 c 57 s 1; 1963 c 75 s 1.] NOTES: Effective date, implementation, application— RCW 41.04.190 Hospitalization and medical aid for county, municipal and other political subdivision employees or elected officials—Cost not additional compensation—Disbursement. The cost of a policy or plan to a public agency or body is not additional compensation to the employees or elected officials covered thereby. The elected officials to whom this section applies include but are not limited to commissioners elected under chapters 28A.315, 52.14, 53.12, 54.12, 57.12, 70.44, and 87.03 RCW, as well as any county elected officials who are provided insurance coverage under RCW 41.04.180, and city officials elected under chapters 35.17, 35.22, 35.23, 35.27, 35A.12, and 35A.13 RCW. Any officer authorized to disburse such funds may pay in whole or in part to an insurance carrier or health care service contractor the amount of the premiums due under the contract. [ 2007 c 42 s 1; 1996 c 230 s 1610; 1992 c 146 s 13; 1983 1st ex.s. c 37 s 1; 1965 c 57 s 2; 1963 c 75 s 2.] NOTES: Part headings not law— RCW 41.04.205 Participation of county, municipal, and other political subdivision employees in state employees' insurance or self-insurance and health care program—Transfer procedure. (Effective until June 30, 2029.) (1) Notwithstanding the provisions of RCW 41.04.180, the employees, with their dependents, of any county, municipality, or other political subdivision of this state shall be eligible to participate in any insurance or self-insurance program for employees administered under chapter 41.05 RCW if the legislative authority of any such county, municipality, or other political subdivisions of this state determines, subject to collective bargaining under applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should be made. In the event of a special district employee transfer pursuant to this section, members of the governing authority shall be eligible to be included in such transfer if such members are authorized by law as of June 25, 1976 to participate in the insurance program being transferred from and subject to payment by such members of all costs of insurance for members. (2) When the legislative authority of a county, municipality, or other political subdivision determines to so transfer, the state health care authority shall: (a) Establish the conditions for participation; and (b) Have the sole right to reject the application, except a group application from a county or other political subdivision of the state with fewer than five thousand employees must be approved. Approval of the application by the state health care authority shall effect a transfer of the employees involved to the insurance, self-insurance, or health care program applied for. (3) Any application of this section to members of the law enforcement officers' and firefighters' retirement system under chapter 41.26 RCW is subject to chapter 41.56 RCW. (4) Until December 31, 2019, school districts may voluntarily transfer to the public employees' benefits board, except that all eligible employees in a bargaining unit of a school district may transfer only as a unit and all nonrepresented employees in a district may transfer only as a unit. [ 2018 c 260 s 21; 2016 c 67 s 1; 1995 1st sp.s. c 6 s 8; 1993 c 386 s 3; 1992 c 199 s 1; 1990 c 222 s 1; 1988 c 107 s 17; 1975-'76 2nd ex.s. c 106 s 1.] NOTES: Effective date— RCW 41.04.208 Local government retirees—Health care—Definitions—Participation—Exception. (1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section. (a) " Disabled employee" means a person eligible to receive a disability retirement allowance from the Washington law enforcement officers' and firefighters' retirement system plan 2 and the public employees' retirement system. (b) "Health plan" means a contract, policy, fund, trust, or other program established jointly or individually by a county, municipality, or other political subdivision of the state that provides for all or a part of hospitalization or medical aid for its employees and their dependents under RCW 41.04.180. (c) "Retired employee" means a public employee meeting the retirement eligibility, years of service requirements, and other criteria of the Washington law enforcement officers' and firefighters' retirement system plan 2 and the public employees' retirement system. (2) A county, municipality, or other political subdivision that provides a health plan for its employees shall permit retired and disabled employees and their dependents to continue participation in a plan subject to the exceptions, limitations, and conditions set forth in this section. However, this section does not apply to a county, municipality, or other political subdivision participating in an insurance program administered under chapter 41.05 RCW if retired and disabled employees and their dependents of the participating county, municipality, or other political subdivision are covered under an insurance program administered under chapter 41.05 RCW. Nothing in this subsection or chapter 319, Laws of 2002 precludes the local government employer from offering retired or disabled employees a health plan with a benefit structure, copayment, deductible, coinsurance, lifetime benefit maximum, and other plan features which differ from those offered through a health plan provided to active employees. Further, nothing in this subsection precludes a local government employer from joining with other public agency employers, including interjurisdictional benefit pools and multiemployer associations or consortiums, to fulfill its obligations under chapter 319, Laws of 2002. (3) A county, municipality, or other political subdivision has full authority to require a person who requests continued participation in a health plan under subsection (2) of this section to pay the full cost of such participation, including any amounts necessary for administration. However, this subsection does not require an employer who is currently paying for all or part of a health plan for its retired and disabled employees to discontinue those payments. (4) Payments for continued participation in a former employer's health plan may be assigned to the underwriter of the health plan from public pension benefits or may be paid to the former employer, as determined by the former employer, so that an underwriter of the health plan that is an insurance company, health care service contractor, or health maintenance organization is not required to accept individual payments from persons continuing participation in the employer's health plan. (5) After an initial open enrollment period of ninety days after January 1, 2003, an employer may not be required to permit a person to continue participation in the health plan if the person is responsible for a lapse in coverage under the plan. In addition, an employer may not be required to permit a person to continue participation in the employer's health plan if the employer offered continued participation in a health plan that meets the requirements of chapter 319, Laws of 2002. (6) If a person continuing participation in the former employer's health plan has medical coverage available through another employer, the medical coverage of the other employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer's health plan. (7) If a person's continued participation in a health plan was permitted because of the person's relationship to a retired or disabled employee of the employer providing the health plan and the retired or disabled employee dies, then that person is permitted to continue participation in the health plan for a period of not more than six months after the death of the retired or disabled employee. However, the employer providing the health plan may permit continued participation beyond that time period. (8) An employer may offer one or more health plans different from that provided for active employees and designed to meet the needs of persons requesting continued participation in the employer's health plan. An employer, in designing or offering continued participation in a health plan, may utilize terms or conditions necessary to administer the plan to the extent the terms and conditions do not conflict with this section. (9) If an employer changes the underwriter of a health plan, the replaced underwriter has no further responsibility or obligation to persons who continued participation in a health plan of the replaced underwriter. However, the employer shall permit those persons to participate in any new health plan. (10) The benefits granted under this section are not considered a matter of contractual right. Should the legislature, a county, municipality, or other political subdivision of the state revoke or change any benefits granted under this section, an affected person is not entitled to receive the benefits as a matter of contractual right. (11) This section does not affect any health plan contained in a collective bargaining agreement in existence as of January 1, 2003. However, any plan contained in future collective bargaining agreements shall conform to this section. In addition, this section does not affect any health plan contract or policy in existence as of January 1, 2003. However, any renewal of the contract or policy shall conform to this section. (12) Counties, municipalities, and other political subdivisions that make a documented good faith effort to comply with the provisions of subsections (2) through (11) of this section and are unable to provide access to a fully insured group health benefit plan are discharged from any obligations under subsections (2) through (11) of this section but shall assist disabled employees and retired employees in applying for health insurance. Assistance may include developing and distributing standardized information on the availability and cost of individual health benefit plans, application packages, and health benefit fairs. (13) The office of the insurance commissioner shall make available to counties, municipalities, and other political subdivisions information regarding individual health benefit plans, including a list of carriers offering individual coverage, the rates charged, and how to apply for coverage. [ 2004 c 173 s 1; 2002 c 319 s 2.] NOTES: Effective date— RCW 41.04.212 Local government retirees—Health care—Administration. Employers providing access to health insurance coverage under chapter 319, Laws of 2002 may adopt criteria which specify allowable enrollment periods, require enrollees to keep current addresses and information, and outline other processes to ensure that plans can be administered efficiently and effectively. [ 2002 c 319 s 3.] NOTES: Intent— RCW 41.04.220 Department of enterprise services to procure health benefit programs—Other governmental entities may use services. Any governmental entity other than state agencies , may use the services of the department of enterprise services upon the approval of the director , in procuring health benefit programs as provided by RCW 41.04.180, 28A.400.350 and 28B.10.660: PROVIDED, That the department of enterprise services may charge for the administrative cost incurred in the procuring of such services. [ 2015 c 225 s 52; 1983 c 3 s 88; 1969 ex.s. c 237 s 7.] NOTES: Effective date— RCW 41.04.230 Payroll deductions authorized. Any official of the state authorized to disburse funds in payment of salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of the following: (1) Credit union deductions: PROVIDED, That twenty-five or more employees of a single state agency or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same credit union. An agency may, in its own discretion, establish a minimum participation requirement of fewer than twenty-five employees. (2) Parking fee deductions: PROVIDED, That payment is made for parking facilities furnished by the agency or by the department of enterprise services. Deductions shall be pretax, to the extent possible, for qualified parking and transit benefits as allowed under the federal internal revenue code. (3) U.S. savings bond deductions: PROVIDED, That a person within the particular agency shall be appointed to act as trustee. The trustee will receive all contributions; purchase and deliver all bond certificates; and keep such records and furnish such bond or security as will render full accountability for all bond contributions. (4) Board, lodging or uniform deductions when such board, lodging and uniforms are furnished by the state, or deductions for academic tuitions or fees or scholarship contributions payable to the employing institution. (5) Dues and other fees deductions: PROVIDED, That the deduction is for payment of membership dues to any professional organization formed primarily for public employees or college and university professors: AND PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same professional organization. (6) Labor, employee, or retiree organization dues, and voluntary employee contributions to any funds, committees, or subsidiary organizations maintained by labor, employee, or retiree organizations, may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of chapter 41.80 RCW: PROVIDED, That each labor, employee, or retiree organization chooses only one fund for voluntary employee contributions: PROVIDED, FURTHER, That twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor, employee, or retiree organization: PROVIDED, FURTHER, That labor, employee, or retiree organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs. (7) Insurance contributions to the authority for payment of premiums under contracts authorized by the state health care authority. However, enrollment or assignment by the state health care authority to participate in a health care benefit plan, as required by RCW 41.05.065(8), shall authorize a payroll deduction of premium contributions without a written consent under the terms and conditions established by the public employees' benefits board. (8) Deductions to a bank, savings bank, or savings and loan association if (a) the bank, savings bank, or savings and loan association is authorized to do business in this state; and (b) twenty-five or more employees of a single agency, or fewer, if a lesser number is established by such agency, or a total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same bank, savings bank, or savings and loan association. Deductions from salaries and wages of public officers and employees other than those enumerated in this section or by other law, may be authorized by the director of financial management for purposes clearly related to state employment or goals and objectives of the agency and for plans authorized by the state health care authority. (9) Contributions to the Washington state combined fund drive. The authority to make deductions from the salaries and wages of public officers and employees as provided for in this section shall be in addition to such other authority as may be provided by law: PROVIDED, That the state or any department, division, or separate agency of the state shall not be liable to any insurance carrier or contractor for the failure to make or transmit any such deduction. [ 2013 c 124 s 1; 2007 c 99 s 1; 2006 c 216 s 1; 2002 c 61 s 5; 1995 1st sp.s. c 6 s 21. Prior: 1993 c 2 s 26 (Initiative Measure No. 134, approved November 3, 1992); 1992 c 192 s 1; 1988 c 107 s 19; 1985 c 271 s 1; 1983 1st ex.s. c 28 s 3; 1980 c 120 s 1; 1979 c 151 s 54; 1973 1st ex.s. c 147 s 5; 1970 ex.s. c 39 s 11; 1969 c 59 s 5.] NOTES: Effective date— RCW 41.04.232 Transition to two payrolls per month—Guidelines on deductions and deferrals. In order to facilitate the transition from one payroll per month to two payrolls per month, the following guidelines concerning payroll deductions and deferrals are established: (1) All mandatory and voluntary deductions which are based upon a percentage of salary shall be deducted, after August 23, 1983, from the salaries payable for each pay period. This subsection shall apply regardless of when the deductions were authorized or required. (2) The office of financial management shall adopt reasonable procedures providing for deductions, including deferrals, which are not based on a percentage of salary. (3) Amounts which are deducted in accordance with subsections (1) and (2) of this section shall be paid to the designated recipient no later than the established paydates except when other agreements are reached with the designated recipient. (4) Payment of deductions and deferrals to the designated recipient shall be made by warrant or check except when the designated recipient requests payment by electronic funds transfer. If recipients request electronic funds transfers, sufficient time shall be made available to establish the process. The elapsed time to establish the process shall not exceed three months from the time the recipient has requested in writing to the appropriate data processing payroll systems manager to receive payment by electronic funds transfer. Documentation and itemization of deductions or deferrals paid shall be in printed form unless the designated recipient requests computer tapes. If recipients request computer tapes, sufficient time shall be made available to establish the process. Computer tapes shall be made available to the requesting designated recipient if at least one hundred employees paid from an automated payroll system have such deductions. The elapsed time to establish the process for providing computer tapes shall not exceed three months from the time the recipient has requested in writing to the appropriate data processing payroll systems manager to receive computer tapes. With the approval of the office of financial management, more advanced technology may be utilized to provide payment, documentation, and itemization of deductions to designated recipients. [ 1983 1st ex.s. c 28 s 4.] NOTES: Application— RCW 41.04.233 Payroll deductions for capitation payments to health maintenance organizations. Any employee or retired employee of the state or its departments, agencies, or subdivisions and any employee or retired employee of a county, public or municipal corporation, school district, or tax supported institution may authorize the deduction from his or her salary or wages of the amount of his or her capitation payments to any health maintenance organization receiving a certificate of authority under this chapter. Upon the filing of an authorization with the auditor or fiscal officer of the employer, such auditor or fiscal officer shall make payments in favor of the health maintenance organizations referred to in the authorization for the amounts of the deductions authorized, *RCW 41.04.230(7) notwithstanding. [ 2012 c 117 s 6; 1975 1st ex.s. c 290 s 20.] NOTES: *Reviser's note: RCW 41.04.235 Retirement allowance deductions for health care benefit plans. Participants in a health care benefit plan approved pursuant to RCW 41.04.180, 41.05.065, or 28A.400.350, whichever is applicable, who are retired public employees, may authorize the deduction from their retirement allowances, of the amount or amounts of their subscription payments, premiums, or contributions to any person, firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance upon the approval by the retirement board of an application for such deduction on the prescribed form, and the treasurer of the state shall duly and timely draw and issue proper warrants directly to and in favor of the person, firm, or corporation, or organization named in the authorization for the amount authorized to be deducted. [ 1993 c 386 s 4; 1983 c 3 s 89; 1975 1st ex.s. c 73 s 1.] NOTES: Intent— RCW 41.04.240 Direct deposit of salaries into financial institutions—Alternate payment methods for employees of institutions of higher education—Conservation district exemption. (1) Except with regard to institutions of higher education as defined in RCW 28B.10.016, any official of the state or of any political subdivision, municipal corporation, or quasi-municipal corporation authorized to disburse funds in payment of salaries and wages of employees is authorized upon written request of at least twenty-five employees to pay all or part of such salaries or wages to any financial institution for either: (a) Credit to the employees' accounts in such financial institution; or (b) immediate transfer therefrom to the employees' accounts in any other financial institutions. (2) In disbursing funds for payment of salaries and wages of employees, institutions of higher education as defined in RCW 28B.10.016 are authorized to require the following payment methods: (a) For employees who have an account in a financial institution, payment to any financial institution for either: (i) Credit to the employees' accounts in such financial institution; or (ii) immediate transfer therefrom to the employees' accounts in any other financial institutions; and (b) For employees who do not have an account in a financial institution, payment by alternate methods such as payroll cards. (3) Nothing in this section shall be construed as authorizing any employer to require the employees to have an account in any particular financial institution or type of financial institution. A single warrant may be drawn in favor of such financial institution, for the total amount due the employees involved, and written directions provided to such financial institution of the amount to be credited to the account of an employee or to be transferred to an account in another financial institution for such employee. The issuance and delivery by the disbursing officer of a warrant in accordance with the procedure set forth herein and proper indorsement thereof by the financial institution shall have the same legal effect as payment directly to the employee. (4) Conservation districts as established and authorized under chapter 89.08 RCW are exempt from the requirement to obtain a written request of twenty-five employees as required in subsection (1) of this section, and may disburse funds in payment of salaries and wages of employees consistent with this chapter and RCW 89.08.215. (5) For the purposes of this section "financial institution" means any bank or trust company established in this state pursuant to chapter 2, Title 12, United States Code, or *Title 30 RCW, and any credit union established in this state pursuant to chapter 14, Title 12, United States Code, or chapter 31.12 RCW, and any mutual savings bank established in this state pursuant to Title 32 RCW, and any savings and loan association established in this state pursuant to chapter 12, Title 12, United States Code, or Title 33 RCW. [ 2013 c 164 s 1; 2012 c 230 s 3; 1977 ex.s. c 269 s 1; 1969 c 59 s 6.] NOTES: *Reviser's note: RCW 41.04.245 Payroll deductions to a bank, savings bank, credit union, or savings and loan association. Any official of any local political subdivision of the state, municipal corporation, or quasi-municipal corporation authorized to disburse funds in payment of salaries and wages of employees is authorized upon written request of any employee, to deduct all or part of such employee's salary or wages for payment to any bank, savings bank, credit union, or savings and loan association if (1) the bank, savings bank, credit union, or savings and loan association is authorized to do business in this state; and (2) twenty-five or more employees of a single local political subdivision, or fewer, if a lesser number is established by such local political subdivision, authorize such a deduction for payment to the same bank, savings bank, credit union, or savings and loan association. [ 1992 c 192 s 2.] RCW 41.04.270 Public retirement systems—Members or beneficiaries estopped from becoming a member or accruing rights in any other public retirement system—Exceptions. (Effective until June 30, 2029.) (1) Except as provided in chapter 2.10, 2.12, 41.26, 41.28, 41.32, 41.35, 41.37, 41.40, or 43.43 RCW, on and after March 19, 1976, any member or former member who (a) receives a retirement allowance earned by the former member as deferred compensation from any public retirement system authorized by the general laws of this state, or (b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses not to apply, or (c) is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a) and (b) of this subsection shall not apply to persons who have accumulated less than fifteen years service credit in any such system. (2) Nothing in this section is intended to apply to any retirement system except those listed in RCW 41.50.030 and the city employee retirement systems for Seattle, Tacoma, and Spokane. Subsection (1)(b) of this section does not apply to a dual member as defined in RCW 41.54.010. [ 2006 c 309 s 3; 2005 c 327 s 1; 2001 c 180 s 4; 1988 c 195 s 5; 1987 c 192 s 9; 1980 c 29 s 1; 1975-'76 2nd ex.s. c 105 s 1.] NOTES: Effective date— RCW 41.04.273 Prohibition of retirement benefits passing to slayer or abuser beneficiary—Determination by department of retirement systems—Duties upon notice—Payment upon verdicts—Admissibility of evidence—Immunity. (1) For purposes of this section, the following definitions shall apply: (a) "Abuser" has the same meaning as provided in RCW 11.84.010. (b) "Decedent" means any person who is entitled to benefits from the Washington state department of retirement systems by written designation or by operation of law: (i) Whose life is taken by a slayer; or (ii) Who is deceased and who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser, except as provided in RCW 11.84.170. (c) "Slayer" means a slayer as defined in RCW 11.84.010. (2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer or abuser of the decedent and the property shall be distributed as if the slayer or abuser had predeceased the decedent. (3) A slayer or abuser is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the slayer or abuser because of the decedent's entitlement to benefits under one of the retirement systems listed in RCW 41.50.030. (4)(a) The department of retirement systems has no affirmative du