Wildland firefighters/LEOFF

AN ACT Relating to membership of wildland or aviation 1
firefighters in the law enforcement officers' and firefighters' 2
retirement system; and reenacting and amending RCW 41.26.030.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 41.26.030 and 2024 c 319 s 4 and 2024 c 304 s 202 5
are each reenacted and amended to read as follows: 6
As used in this chapter, unless a different meaning is plainly 7
required by the context: 8
(1) "Accumulated contributions" means the employee's 9
contributions made by a member, including any amount paid under RCW 10
41.50.165(2), plus accrued interest credited thereon.11
(2) "Actuarial reserve" means a method of financing a pension or 12
retirement plan wherein reserves are accumulated as the liabilities 13
for benefit payments are incurred in order that sufficient funds will 14
be available on the date of retirement of each member to pay the 15
member's future benefits during the period of retirement.16
(3) "Actuarial valuation" means a mathematical determination of 17
the financial condition of a retirement plan. It includes the 18
computation of the present monetary value of benefits payable to 19
present members, and the present monetary value of future employer 20
and employee contributions, giving effect to mortality among active 21
Z-0528.1
HOUSE BILL 2414
State of Washington 69th Legislature 2026 Regular Session
By Representatives Ormsby, Parshley, Scott, Reeves, and Donaghy; by
request of Department of Natural Resources
Read first time 01/13/26. Referred to Committee on Appropriations.
p. 1 HB 2414
and retired members and also to the rates of disability, retirement, 1
withdrawal from service, salary and interest earned on investments.2
(4)(a) "Basic salary" for plan 1 members, means the basic monthly 3
rate of salary or wages, including longevity pay but not including 4
overtime earnings or special salary or wages, upon which pension or 5
retirement benefits will be computed and upon which employer 6
contributions and salary deductions will be based. 7
(b) "Basic salary" for plan 2 members, means salaries or wages 8
earned by a member during a payroll period for personal services, 9
including overtime payments, and shall include wages and salaries 10
deferred under provisions established pursuant to sections 403 (b), 11
414(h), and 457 of the United States Internal Revenue Code, but shall 12
exclude lump sum payments for deferred annual sick leave, unused 13
accumulated vacation, unused accumulated annual leave, or any form of 14
severance pay. In any year in which a member serves in the 15
legislature the member shall have the option of having such member's 16
basic salary be the greater of: 17
(i) The basic salary the member would have received had such 18
member not served in the legislature; or 19
(ii) Such member's actual basic salary received for 20
nonlegislative public employment and legislative service combined. 21
Any additional contributions to the retirement system required 22
because basic salary under (b)(i) of this subsection is greater than 23
basic salary under (b)(ii) of this subsection shall be paid by the 24
member for both member and employer contributions.25
(5)(a) "Beneficiary" for plan 1 members, means any person in 26
receipt of a retirement allowance, disability allowance, death 27
benefit, or any other benefit described herein. 28
(b) "Beneficiary" for plan 2 members, means any person in receipt 29
of a retirement allowance or other benefit provided by this chapter 30
resulting from service rendered to an employer by another person.31
(6)(a) "Child" or "children" means an unmarried person who is 32
under the age of eighteen or mentally or physically disabled as 33
determined by the department, except a person who is disabled and in 34
the full time care of a state institution, who is:35
(i) A natural born child; 36
(ii) A stepchild where that relationship was in existence prior 37
to the date benefits are payable under this chapter;38
(iii) A posthumous child; 39
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(iv) A child legally adopted or made a legal ward of a member 1
prior to the date benefits are payable under this chapter; or2
(v) An illegitimate child legitimized prior to the date any 3
benefits are payable under this chapter. 4
(b) A person shall also be deemed to be a child up to and 5
including the age of twenty years and eleven months while attending 6
any high school, college, or vocational or other educational 7
institution accredited, licensed, or approved by the state, in which 8
it is located, including the summer vacation months and all other 9
normal and regular vacation periods at the particular educational 10
institution after which the child returns to school.11
(7) "Department" means the department of retirement systems 12
created in chapter 41.50 RCW. 13
(8) "Director" means the director of the department.14
(9) "Disability board" for plan 1 members means either the county 15
disability board or the city disability board established in RCW 16
41.26.110. 17
(10) "Disability leave" means the period of six months or any 18
portion thereof during which a member is on leave at an allowance 19
equal to the member's full salary prior to the commencement of 20
disability retirement. The definition contained in this subsection 21
shall apply only to plan 1 members. 22
(11) "Disability retirement" for plan 1 members, means the period 23
following termination of a member's disability leave, during which 24
the member is in receipt of a disability retirement allowance.25
(12) "Domestic partners" means two adults who have registered as 26
domestic partners under RCW 26.60.020. 27
(13) "Employee" means any law enforcement officer or firefighter 28
as defined in subsections (17) and (19) of this section.29
(14)(a) "Employer" for plan 1 members, means the legislative 30
authority of any city, town, county, district, or regional fire 31
protection service authority or the elected officials of any 32
municipal corporation that employs any law enforcement officer and/or 33
firefighter, any authorized association of such municipalities, and, 34
except for the purposes of RCW 41.26.150, any labor guild, 35
association, or organization, which represents the firefighters or 36
law enforcement officers of at least seven cities of over 20,000 37
population and the membership of each local lodge or division of 38
which is composed of at least sixty percent law enforcement officers 39
or firefighters as defined in this chapter. 40
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(b) "Employer" for plan 2 members, means the following entities 1
to the extent that the entity employs any law enforcement officer 2
and/or firefighter: 3
(i) The legislative authority of any city, town, county, 4
district, public corporation, or regional fire protection service 5
authority established under RCW 35.21.730 to provide emergency 6
medical services as defined in RCW 18.73.030; 7
(ii) The elected officials of any municipal corporation;8
(iii) The governing body of any other general authority law 9
enforcement agency; 10
(iv) A four-year institution of higher education having a fully 11
operational fire department as of January 1, 1996; ((or))12
(v) The department of social and health services or the 13
department of corrections when employing firefighters serving at a 14
prison or civil commitment center on an island; or15
(vi) The department of natural resources when employing 16
firefighters that meet qualifications outlined by the national 17
wildfire coordinating group. 18
(c) Except as otherwise specifically provided in this chapter, 19
"employer" does not include a government contractor. For purposes of 20
this subsection, a "government contractor" is any entity, including a 21
partnership, limited liability company, for-profit or nonprofit 22
corporation, or person, that provides services pursuant to a contract 23
with an "employer." The determination whether an employer-employee 24
relationship has been established is not based on the relationship 25
between a government contractor and an "employer," but is based 26
solely on the relationship between a government contractor's employee 27
and an "employer" under this chapter. 28
(15)(a) "Final average salary" for plan 1 members, means (i) for 29
a member holding the same position or rank for a minimum of twelve 30
months preceding the date of retirement, the basic salary attached to 31
such same position or rank at time of retirement; (ii) for any other 32
member, including a civil service member who has not served a minimum 33
of twelve months in the same position or rank preceding the date of 34
retirement, the average of the greatest basic salaries payable to 35
such member during any consecutive twenty-four month period within 36
such member's last ten years of service for which service credit is 37
allowed, computed by dividing the total basic salaries payable to 38
such member during the selected twenty-four month period by twenty-39
four; (iii) in the case of disability of any member, the basic salary 40
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payable to such member at the time of disability retirement; (iv) in 1
the case of a member who hereafter vests pursuant to RCW 41.26.090, 2
the basic salary payable to such member at the time of vesting.3
(b) "Final average salary" for plan 2 members, means the monthly 4
average of the member's basic salary for the highest consecutive 5
sixty service credit months of service prior to such member's 6
retirement, termination, or death. Periods constituting authorized 7
unpaid leaves of absence may not be used in the calculation of final 8
average salary. 9
(c) In calculating final average salary under (a) or (b) of this 10
subsection, the department of retirement systems shall include:11
(i) Any compensation forgone by a member employed by a state 12
agency or institution during the 2009-2011 fiscal biennium as a 13
result of reduced work hours, mandatory or voluntary leave without 14
pay, temporary reduction in pay implemented prior to December 11, 15
2010, or temporary layoffs if the reduced compensation is an integral 16
part of the employer's expenditure reduction efforts, as certified by 17
the employer; 18
(ii) Any compensation forgone by a member employed by the state 19
or a local government employer during the 2011-2013 fiscal biennium 20
as a result of reduced work hours, mandatory leave without pay, 21
temporary layoffs, or reductions to current pay if the reduced 22
compensation is an integral part of the employer's expenditure 23
reduction efforts, as certified by the employer. Reductions to 24
current pay shall not include elimination of previously agreed upon 25
future salary increases; and 26
(iii) Any compensation forgone by a member employed by the state 27
or a local government employer during the 2019-2021 and 2021-2023 28
fiscal biennia as a result of reduced work hours, mandatory leave 29
without pay, temporary layoffs, furloughs, reductions to current pay, 30
or other similar measures resulting from the COVID-19 budgetary 31
crisis, if the reduced compensation is an integral part of the 32
employer's expenditure reduction efforts, as certified by the 33
employer. Reductions to current pay shall not include elimination of 34
previously agreed upon future salary increases. 35
(16) "Fire department" includes a fire station operated by the 36
department of social and health services or the department of 37
corrections when employing firefighters serving a prison or civil 38
commitment center on an island. 39
(17) "Firefighter" means: 40
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(a) Any person who is serving on a full time, fully compensated 1
basis as a member of a fire department of an employer and who is 2
serving in a position which requires passing a civil service 3
examination for firefighter, and who is actively employed as such;4
(b) Anyone who is actively employed as a full -time firefighter 5
where the fire department does not have a civil service examination;6
(c) Supervisory firefighter personnel; 7
(d) Any full -time executive secretary of an association of fire 8
protection districts authorized under RCW 52.12.031. The provisions 9
of this subsection (17)(d) shall not apply to plan 2 members;10
(e) The executive secretary of a labor guild, association or 11
organization (which is an employer under subsection (14) of this 12
section), if such individual has five years previous membership in a 13
retirement system established in chapter 41.16 or 41.18 RCW. The 14
provisions of this subsection (17)(e) shall not apply to plan 2 15
members; 16
(f) Any person who is serving on a full time, fully compensated 17
basis for an employer, as a fire dispatcher, in a department in 18
which, on March 1, 1970, a dispatcher was required to have passed a 19
civil service examination for firefighter; 20
(g) Any person who on March 1, 1970, was employed on a full time, 21
fully compensated basis by an employer, and who on May 21, 1971, was 22
making retirement contributions under the provisions of chapter 41.16 23
or 41.18 RCW; 24
(h) Any person who is employed on a full-time, fully compensated 25
basis by an employer as an emergency medical technician that meets 26
the requirements of RCW 18.71.200 or 18.73.030(13), and whose duties 27
include providing emergency medical services as defined in RCW 28
18.73.030; ((and))29
(i) Personnel serving on a full-time, fully compensated basis as 30
an employee of a fire department in positions that necessitate 31
experience as a firefighter to perform the essential functions of 32
those positions; and33
(j) Full-time wildland or aviation firefighters, where "full 34
time" means expected to be employed for at least 160 hours in a month 35
for more than six months in the year. 36
(18) "General authority law enforcement agency" means any agency, 37
department, or division of a municipal corporation, political 38
subdivision, or other unit of local government of this state, the 39
government of a federally recognized tribe, and any agency, 40
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department, or division of state government, having as its primary 1
function the detection and apprehension of persons committing 2
infractions or violating the traffic or criminal laws in general, but 3
not including the Washington state patrol. Such an agency, 4
department, or division is distinguished from a limited authority law 5
enforcement agency having as one of its functions the apprehension or 6
detection of persons committing infractions or violating the traffic 7
or criminal laws relating to limited subject areas, including but not 8
limited to, the state departments of natural resources and social and 9
health services, the state gambling commission, the state lottery 10
commission, the state parks and recreation commission, the state 11
utilities and transportation commission, the state liquor and 12
cannabis board, and the state department of corrections. A general 13
authority law enforcement agency under this chapter does not include 14
a government contractor. 15
(19) "Law enforcement officer" beginning January 1, 1994, means 16
any person who is commissioned and employed by an employer on a full 17
time, fully compensated basis to enforce the criminal laws of the 18
state of Washington generally, with the following qualifications:19
(a) No person who is serving in a position that is basically 20
clerical or secretarial in nature, and who is not commissioned shall 21
be considered a law enforcement officer; 22
(b) Only those deputy sheriffs, including those serving under a 23
different title pursuant to county charter, who have successfully 24
completed a civil service examination for deputy sheriff or the 25
equivalent position, where a different title is used, and those 26
persons serving in unclassified positions authorized by RCW 41.14.070 27
except a private secretary will be considered law enforcement 28
officers; 29
(c) Only such full-time commissioned law enforcement personnel as 30
have been appointed to offices, positions, or ranks in the police 31
department which have been specifically created or otherwise 32
expressly provided for and designated by city charter provision or by 33
ordinance enacted by the legislative body of the city shall be 34
considered city police officers; 35
(d) The term "law enforcement officer" also includes the 36
executive secretary of a labor guild, association or organization 37
(which is an employer under subsection (14) of this section) if that 38
individual has five years previous membership in the retirement 39
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system established in chapter 41.20 RCW. The provisions of this 1
subsection (19)(d) shall not apply to plan 2 members;2
(e) The term "law enforcement officer" also includes a person 3
employed on or after January 1, 1993, as a public safety officer or 4
director of public safety, so long as the job duties substantially 5
involve only either police or fire duties, or both, and no other 6
duties in a city or town with a population of less than ten thousand. 7
The provisions of this subsection (19)(e) shall not apply to any 8
public safety officer or director of public safety who is receiving a 9
retirement allowance under this chapter as of May 12, 1993;10
(f) The term "law enforcement officer" also includes a person who 11
is employed on or after January 1, 2024, on a full-time basis by the 12
government of a federally recognized tribe within the state of 13
Washington that meets the terms and conditions of RCW 41.26.565, is 14
employed in a police department maintained by that tribe, and who is 15
currently certified as a general authority peace officer under 16
chapter 43.101 RCW; and 17
(g) Beginning July 1, 2024, the term "law enforcement officer" 18
also includes any person who is commissioned and employed by an 19
employer on a fully compensated basis to enforce the criminal laws of 20
the state of Washington generally, on a less than full-time basis, 21
with the qualifications in (a) through (e) of this subsection.22
(20) "Medical services" for plan 1 members, shall include the 23
following as minimum services to be provided. Reasonable charges for 24
these services shall be paid in accordance with RCW 41.26.150.25
(a) Hospital expenses: These are the charges made by a hospital, 26
in its own behalf, for 27
(i) Board and room not to exceed semiprivate room rate unless 28
private room is required by the attending physician due to the 29
condition of the patient. 30
(ii) Necessary hospital services, other than board and room, 31
furnished by the hospital. 32
(b) Other medical expenses: The following charges are considered 33
"other medical expenses," provided that they have not been considered 34
as "hospital expenses." 35
(i) The fees of the following: 36
(A) A physician or surgeon licensed under the provisions of 37
chapter 18.71 RCW; 38
(B) An osteopathic physician and surgeon licensed under the 39
provisions of chapter 18.57 RCW; 40
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(C) A chiropractor licensed under the provisions of chapter 18.25 1
RCW. 2
(ii) The charges of a registered graduate nurse other than a 3
nurse who ordinarily resides in the member's home, or is a member of 4
the family of either the member or the member's spouse.5
(iii) The charges for the following medical services and 6
supplies: 7
(A) Drugs and medicines upon a physician's prescription;8
(B) Diagnostic X-ray and laboratory examinations;9
(C) X-ray, radium, and radioactive isotopes therapy;10
(D) Anesthesia and oxygen; 11
(E) Rental of iron lung and other durable medical and surgical 12
equipment; 13
(F) Artificial limbs and eyes, and casts, splints, and trusses;14
(G) Professional ambulance service when used to transport the 15
member to or from a hospital when injured by an accident or stricken 16
by a disease; 17
(H) Dental charges incurred by a member who sustains an 18
accidental injury to his or her teeth and who commences treatment by 19
a legally licensed dentist within ninety days after the accident;20
(I) Nursing home confinement or hospital extended care facility;21
(J) Physical therapy by a registered physical therapist;22
(K) Blood transfusions, including the cost of blood and blood 23
plasma not replaced by voluntary donors; 24
(L) An optometrist licensed under the provisions of chapter 18.53 25
RCW. 26
(21) "Member" means any firefighter, law enforcement officer, or 27
other person as would apply under subsection (17) or (19) of this 28
section whose membership is transferred to the Washington law 29
enforcement officers' and firefighters' retirement system on or after 30
March 1, 1970, and every law enforcement officer and firefighter who 31
is employed in that capacity on or after such date.32
(22) "Plan 1" means the law enforcement officers' and 33
firefighters' retirement system, plan 1 providing the benefits and 34
funding provisions covering persons who first became members of the 35
system prior to October 1, 1977. 36
(23) "Plan 2" means the law enforcement officers' and 37
firefighters' retirement system, plan 2 providing the benefits and 38
funding provisions covering persons who first became members of the 39
system on and after October 1, 1977. 40
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(24) "Position" means the employment held at any particular time, 1
which may or may not be the same as civil service rank.2
(25) "Regular interest" means such rate as the director may 3
determine. 4
(26) "Retiree" for persons who establish membership in the 5
retirement system on or after October 1, 1977, means any member in 6
receipt of a retirement allowance or other benefit provided by this 7
chapter resulting from service rendered to an employer by such 8
member. 9
(27) "Retirement fund" means the "Washington law enforcement 10
officers' and firefighters' retirement system fund" as provided for 11
herein. 12
(28) "Retirement system" means the "Washington law enforcement 13
officers' and firefighters' retirement system" provided herein.14
(29)(a) "Service" for plan 1 members, means all periods of 15
employment for an employer as a firefighter or law enforcement 16
officer, for which compensation is paid, together with periods of 17
suspension not exceeding thirty days in duration. For the purposes of 18
this chapter service shall also include service in the armed forces 19
of the United States as provided in RCW 41.26.190. Credit shall be 20
allowed for all service credit months of service rendered by a member 21
from and after the member's initial commencement of employment as a 22
firefighter or law enforcement officer, during which the member 23
worked for seventy or more hours, or was on disability leave or 24
disability retirement. Only service credit months of service shall be 25
counted in the computation of any retirement allowance or other 26
benefit provided for in this chapter. 27
(i) For members retiring after May 21, 1971, who were employed 28
under the coverage of a prior pension act before March 1, 1970, 29
"service" shall also include (A) such military service not exceeding 30
five years as was creditable to the member as of March 1, 1970, under 31
the member's particular prior pension act, and (B) such other periods 32
of service as were then creditable to a particular member under the 33
provisions of RCW 41.18.165, 41.20.160, or 41.20.170. However, in no 34
event shall credit be allowed for any service rendered prior to March 35
1, 1970, where the member at the time of rendition of such service 36
was employed in a position covered by a prior pension act, unless 37
such service, at the time credit is claimed therefor, is also 38
creditable under the provisions of such prior act.39
p. 10 HB 2414
(ii) A member who is employed by two employers at the same time 1
shall only be credited with service to one such employer for any 2
month during which the member rendered such dual service.3
(iii) Reduction efforts such as furloughs, reduced work hours, 4
mandatory leave without pay, temporary layoffs, or other similar 5
situations as contemplated by subsection (15)(c)(iii) of this section 6
do not result in a reduction in service credit that otherwise would 7
have been earned for that month of work, and the member shall receive 8
the full service credit for the hours that were scheduled to be 9
worked before the reduction. 10
(b)(i) "Service" for plan 2 members, means periods of employment 11
by a member for one or more employers for which basic salary is 12
earned for ninety or more hours per calendar month which shall 13
constitute a service credit month. Periods of employment by a member 14
for one or more employers for which basic salary is earned for at 15
least seventy hours but less than ninety hours per calendar month 16
shall constitute one-half service credit month. Periods of employment 17
by a member for one or more employers for which basic salary is 18
earned for less than seventy hours shall constitute a one-quarter 19
service credit month. 20
(ii) Members of the retirement system who are elected or 21
appointed to a state elective position may elect to continue to be 22
members of this retirement system. 23
(iii) Service credit years of service shall be determined by 24
dividing the total number of service credit months of service by 25
twelve. Any fraction of a service credit year of service as so 26
determined shall be taken into account in the computation of such 27
retirement allowance or benefits. 28
(iv) If a member receives basic salary from two or more employers 29
during any calendar month, the individual shall receive one service 30
credit month's service credit during any calendar month in which 31
multiple service for ninety or more hours is rendered; or one-half 32
service credit month's service credit during any calendar month in 33
which multiple service for at least seventy hours but less than 34
ninety hours is rendered; or one-quarter service credit month during 35
any calendar month in which multiple service for less than seventy 36
hours is rendered. 37
(v) Reduction efforts such as furloughs, reduced work hours, 38
mandatory leave without pay, temporary layoffs, or other similar 39
situations as contemplated by subsection (15)(c)(iii) of this section 40
p. 11 HB 2414
do not result in a reduction in service credit that otherwise would 1
have been earned for that month of work, and the member shall receive 2
the full service credit for the hours that were scheduled to be 3
worked before the reduction. 4
(30) "Service credit month" means a full service credit month or 5
an accumulation of partial service credit months that are equal to 6
one. 7
(31) "Service credit year" means an accumulation of months of 8
service credit which is equal to one when divided by twelve.9
(32) "State actuary" or "actuary" means the person appointed 10
pursuant to RCW 44.44.010(2). 11
(33) "State elective position" means any position held by any 12
person elected or appointed to statewide office or elected or 13
appointed as a member of the legislature. 14
(34) "Surviving spouse" means the surviving widow or widower of a 15
member. "Surviving spouse" shall not include the divorced spouse of a 16
member except as provided in RCW 41.26.162. 17
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