LEOFF 2/standby pay

AN ACT Relating to including standby pay as basic salary in the 1
law enforcement officers' and firefighters' retirement system plan 2; 2
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-0574.1
SENATE BILL 6324
State of Washington 69th Legislature 2026 Regular Session
By Senators Holy, Conway, Dozier, Nobles, and Valdez; by request of
Law Enforcement Officers and Fire Fighters' Plan 2 Retirement Board
Read first time 01/28/26. Referred to Committee on Ways & Means.
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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)):10
(i) Shall include ((wages)):11
(A) Wages and salaries deferred under provisions established 12
pursuant to sections 403 (b), 414 (h), and 457 of the United States 13
Internal Revenue Code((, but shall)); and14
(B) Compensation that a member receives for being in standby 15
status. For the purposes of this subsection, a member is in standby 16
status when not being paid for time actually worked and the employer 17
requires the member to be prepared to report immediately for work, if 18
the need arises, although the need may not arise;19
(ii) Shall exclude ((lump)):20
(A) Lump sum payments for deferred annual sick leave((, unused));21
(B) Unused accumulated vacation((, unused));22
(C) Unused accumulated annual leave((, or any)); or23
(D) Any form of severance pay((.)); and24
(iii) In any year in which a member serves in the legislature the 25
member shall have the option of having such member's basic salary be 26
the greater of: 27
(((i))) (A) The basic salary the member would have received had 28
such member not served in the legislature; or 29
(((ii))) (B) Such member's actual basic salary received for 30
nonlegislative public employment and legislative service combined. 31
Any additional contributions to the retirement system required 32
because basic salary under (b)(((i))) (iii)(A) of this subsection is 33
greater than basic salary under (b)(((ii))) (iii)(B) of this 34
subsection shall be paid by the member for both member and employer 35
contributions. 36
(5)(a) "Beneficiary" for plan 1 members, means any person in 37
receipt of a retirement allowance, disability allowance, death 38
benefit, or any other benefit described herein. 39
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(b) "Beneficiary" for plan 2 members, means any person in receipt 1
of a retirement allowance or other benefit provided by this chapter 2
resulting from service rendered to an employer by another person.3
(6)(a) "Child" or "children" means an unmarried person who is 4
under the age of eighteen or mentally or physically disabled as 5
determined by the department, except a person who is disabled and in 6
the full time care of a state institution, who is: 7
(i) A natural born child; 8
(ii) A stepchild where that relationship was in existence prior 9
to the date benefits are payable under this chapter;10
(iii) A posthumous child; 11
(iv) A child legally adopted or made a legal ward of a member 12
prior to the date benefits are payable under this chapter; or13
(v) An illegitimate child legitimized prior to the date any 14
benefits are payable under this chapter. 15
(b) A person shall also be deemed to be a child up to and 16
including the age of twenty years and eleven months while attending 17
any high school, college, or vocational or other educational 18
institution accredited, licensed, or approved by the state, in which 19
it is located, including the summer vacation months and all other 20
normal and regular vacation periods at the particular educational 21
institution after which the child returns to school.22
(7) "Department" means the department of retirement systems 23
created in chapter 41.50 RCW. 24
(8) "Director" means the director of the department.25
(9) "Disability board" for plan 1 members means either the county 26
disability board or the city disability board established in RCW 27
41.26.110. 28
(10) "Disability leave" means the period of six months or any 29
portion thereof during which a member is on leave at an allowance 30
equal to the member's full salary prior to the commencement of 31
disability retirement. The definition contained in this subsection 32
shall apply only to plan 1 members. 33
(11) "Disability retirement" for plan 1 members, means the period 34
following termination of a member's disability leave, during which 35
the member is in receipt of a disability retirement allowance.36
(12) "Domestic partners" means two adults who have registered as 37
domestic partners under RCW 26.60.020. 38
(13) "Employee" means any law enforcement officer or firefighter 39
as defined in subsections (17) and (19) of this section.40
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(14)(a) "Employer" for plan 1 members, means the legislative 1
authority of any city, town, county, district, or regional fire 2
protection service authority or the elected officials of any 3
municipal corporation that employs any law enforcement officer and/or 4
firefighter, any authorized association of such municipalities, and, 5
except for the purposes of RCW 41.26.150, any labor guild, 6
association, or organization, which represents the firefighters or 7
law enforcement officers of at least seven cities of over 20,000 8
population and the membership of each local lodge or division of 9
which is composed of at least sixty percent law enforcement officers 10
or firefighters as defined in this chapter. 11
(b) "Employer" for plan 2 members, means the following entities 12
to the extent that the entity employs any law enforcement officer 13
and/or firefighter: 14
(i) The legislative authority of any city, town, county, 15
district, public corporation, or regional fire protection service 16
authority established under RCW 35.21.730 to provide emergency 17
medical services as defined in RCW 18.73.030; 18
(ii) The elected officials of any municipal corporation;19
(iii) The governing body of any other general authority law 20
enforcement agency; 21
(iv) A four-year institution of higher education having a fully 22
operational fire department as of January 1, 1996; or23
(v) The department of social and health services or the 24
department of corrections when employing firefighters serving at a 25
prison or civil commitment center on an island. 26
(c) Except as otherwise specifically provided in this chapter, 27
"employer" does not include a government contractor. For purposes of 28
this subsection, a "government contractor" is any entity, including a 29
partnership, limited liability company, for-profit or nonprofit 30
corporation, or person, that provides services pursuant to a contract 31
with an "employer." The determination whether an employer-employee 32
relationship has been established is not based on the relationship 33
between a government contractor and an "employer," but is based 34
solely on the relationship between a government contractor's employee 35
and an "employer" under this chapter. 36
(15)(a) "Final average salary" for plan 1 members, means (i) for 37
a member holding the same position or rank for a minimum of twelve 38
months preceding the date of retirement, the basic salary attached to 39
such same position or rank at time of retirement; (ii) for any other 40
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member, including a civil service member who has not served a minimum 1
of twelve months in the same position or rank preceding the date of 2
retirement, the average of the greatest basic salaries payable to 3
such member during any consecutive twenty-four month period within 4
such member's last ten years of service for which service credit is 5
allowed, computed by dividing the total basic salaries payable to 6
such member during the selected twenty-four month period by twenty-7
four; (iii) in the case of disability of any member, the basic salary 8
payable to such member at the time of disability retirement; (iv) in 9
the case of a member who hereafter vests pursuant to RCW 41.26.090, 10
the basic salary payable to such member at the time of vesting.11
(b) "Final average salary" for plan 2 members, means the monthly 12
average of the member's basic salary for the highest consecutive 13
sixty service credit months of service prior to such member's 14
retirement, termination, or death. Periods constituting authorized 15
unpaid leaves of absence may not be used in the calculation of final 16
average salary. 17
(c) In calculating final average salary under (a) or (b) of this 18
subsection, the department of retirement systems shall include:19
(i) Any compensation forgone by a member employed by a state 20
agency or institution during the 2009-2011 fiscal biennium as a 21
result of reduced work hours, mandatory or voluntary leave without 22
pay, temporary reduction in pay implemented prior to December 11, 23
2010, or temporary layoffs if the reduced compensation is an integral 24
part of the employer's expenditure reduction efforts, as certified by 25
the employer; 26
(ii) Any compensation forgone by a member employed by the state 27
or a local government employer during the 2011-2013 fiscal biennium 28
as a result of reduced work hours, mandatory leave without pay, 29
temporary layoffs, or reductions to current pay if the reduced 30
compensation is an integral part of the employer's expenditure 31
reduction efforts, as certified by the employer. Reductions to 32
current pay shall not include elimination of previously agreed upon 33
future salary increases; and 34
(iii) Any compensation forgone by a member employed by the state 35
or a local government employer during the 2019-2021 and 2021-2023 36
fiscal biennia as a result of reduced work hours, mandatory leave 37
without pay, temporary layoffs, furloughs, reductions to current pay, 38
or other similar measures resulting from the COVID-19 budgetary 39
crisis, if the reduced compensation is an integral part of the 40
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employer's expenditure reduction efforts, as certified by the 1
employer. Reductions to current pay shall not include elimination of 2
previously agreed upon future salary increases. 3
(16) "Fire department" includes a fire station operated by the 4
department of social and health services or the department of 5
corrections when employing firefighters serving a prison or civil 6
commitment center on an island. 7
(17) "Firefighter" means: 8
(a) Any person who is serving on a full time, fully compensated 9
basis as a member of a fire department of an employer and who is 10
serving in a position which requires passing a civil service 11
examination for firefighter, and who is actively employed as such;12
(b) Anyone who is actively employed as a full time firefighter 13
where the fire department does not have a civil service examination;14
(c) Supervisory firefighter personnel; 15
(d) Any full time executive secretary of an association of fire 16
protection districts authorized under RCW 52.12.031. The provisions 17
of this subsection (17)(d) shall not apply to plan 2 members;18
(e) The executive secretary of a labor guild, association or 19
organization (which is an employer under subsection (14) of this 20
section), if such individual has five years previous membership in a 21
retirement system established in chapter 41.16 or 41.18 RCW. The 22
provisions of this subsection (17)(e) shall not apply to plan 2 23
members; 24
(f) Any person who is serving on a full time, fully compensated 25
basis for an employer, as a fire dispatcher, in a department in 26
which, on March 1, 1970, a dispatcher was required to have passed a 27
civil service examination for firefighter; 28
(g) Any person who on March 1, 1970, was employed on a full time, 29
fully compensated basis by an employer, and who on May 21, 1971, was 30
making retirement contributions under the provisions of chapter 41.16 31
or 41.18 RCW; 32
(h) Any person who is employed on a full-time, fully compensated 33
basis by an employer as an emergency medical technician that meets 34
the requirements of RCW 18.71.200 or 18.73.030(13), and whose duties 35
include providing emergency medical services as defined in RCW 36
18.73.030; and 37
(i) Personnel serving on a full-time, fully compensated basis as 38
an employee of a fire department in positions that necessitate 39
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experience as a firefighter to perform the essential functions of 1
those positions. 2
(18) "General authority law enforcement agency" means any agency, 3
department, or division of a municipal corporation, political 4
subdivision, or other unit of local government of this state, the 5
government of a federally recognized tribe, and any agency, 6
department, or division of state government, having as its primary 7
function the detection and apprehension of persons committing 8
infractions or violating the traffic or criminal laws in general, but 9
not including the Washington state patrol. Such an agency, 10
department, or division is distinguished from a limited authority law 11
enforcement agency having as one of its functions the apprehension or 12
detection of persons committing infractions or violating the traffic 13
or criminal laws relating to limited subject areas, including but not 14
limited to, the state departments of natural resources and social and 15
health services, the state gambling commission, the state lottery 16
commission, the state parks and recreation commission, the state 17
utilities and transportation commission, the state liquor and 18
cannabis board, and the state department of corrections. A general 19
authority law enforcement agency under this chapter does not include 20
a government contractor. 21
(19) "Law enforcement officer" beginning January 1, 1994, means 22
any person who is commissioned and employed by an employer on a full 23
time, fully compensated basis to enforce the criminal laws of the 24
state of Washington generally, with the following qualifications:25
(a) No person who is serving in a position that is basically 26
clerical or secretarial in nature, and who is not commissioned shall 27
be considered a law enforcement officer; 28
(b) Only those deputy sheriffs, including those serving under a 29
different title pursuant to county charter, who have successfully 30
completed a civil service examination for deputy sheriff or the 31
equivalent position, where a different title is used, and those 32
persons serving in unclassified positions authorized by RCW 41.14.070 33
except a private secretary will be considered law enforcement 34
officers; 35
(c) Only such full time commissioned law enforcement personnel as 36
have been appointed to offices, positions, or ranks in the police 37
department which have been specifically created or otherwise 38
expressly provided for and designated by city charter provision or by 39
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ordinance enacted by the legislative body of the city shall be 1
considered city police officers; 2
(d) The term "law enforcement officer" also includes the 3
executive secretary of a labor guild, association or organization 4
(which is an employer under subsection (14) of this section) if that 5
individual has five years previous membership in the retirement 6
system established in chapter 41.20 RCW. The provisions of this 7
subsection (19)(d) shall not apply to plan 2 members;8
(e) The term "law enforcement officer" also includes a person 9
employed on or after January 1, 1993, as a public safety officer or 10
director of public safety, so long as the job duties substantially 11
involve only either police or fire duties, or both, and no other 12
duties in a city or town with a population of less than ten thousand. 13
The provisions of this subsection (19)(e) shall not apply to any 14
public safety officer or director of public safety who is receiving a 15
retirement allowance under this chapter as of May 12, 1993;16
(f) The term "law enforcement officer" also includes a person who 17
is employed on or after January 1, 2024, on a full-time basis by the 18
government of a federally recognized tribe within the state of 19
Washington that meets the terms and conditions of RCW 41.26.565, is 20
employed in a police department maintained by that tribe, and who is 21
currently certified as a general authority peace officer under 22
chapter 43.101 RCW; and 23
(g) Beginning July 1, 2024, the term "law enforcement officer" 24
also includes any person who is commissioned and employed by an 25
employer on a fully compensated basis to enforce the criminal laws of 26
the state of Washington generally, on a less than full-time basis, 27
with the qualifications in (a) through (e) of this subsection.28
(20) "Medical services" for plan 1 members, shall include the 29
following as minimum services to be provided. Reasonable charges for 30
these services shall be paid in accordance with RCW 41.26.150.31
(a) Hospital expenses: These are the charges made by a hospital, 32
in its own behalf, for 33
(i) Board and room not to exceed semiprivate room rate unless 34
private room is required by the attending physician due to the 35
condition of the patient. 36
(ii) Necessary hospital services, other than board and room, 37
furnished by the hospital. 38
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(b) Other medical expenses: The following charges are considered 1
"other medical expenses," provided that they have not been considered 2
as "hospital expenses." 3
(i) The fees of the following: 4
(A) A physician or surgeon licensed under the provisions of 5
chapter 18.71 RCW; 6
(B) An osteopathic physician and surgeon licensed under the 7
provisions of chapter 18.57 RCW; 8
(C) A chiropractor licensed under the provisions of chapter 18.25 9
RCW. 10
(ii) The charges of a registered graduate nurse other than a 11
nurse who ordinarily resides in the member's home, or is a member of 12
the family of either the member or the member's spouse.13
(iii) The charges for the following medical services and 14
supplies: 15
(A) Drugs and medicines upon a physician's prescription;16
(B) Diagnostic X-ray and laboratory examinations;17
(C) X-ray, radium, and radioactive isotopes therapy;18
(D) Anesthesia and oxygen; 19
(E) Rental of iron lung and other durable medical and surgical 20
equipment; 21
(F) Artificial limbs and eyes, and casts, splints, and trusses;22
(G) Professional ambulance service when used to transport the 23
member to or from a hospital when injured by an accident or stricken 24
by a disease; 25
(H) Dental charges incurred by a member who sustains an 26
accidental injury to his or her teeth and who commences treatment by 27
a legally licensed dentist within ninety days after the accident;28
(I) Nursing home confinement or hospital extended care facility;29
(J) Physical therapy by a registered physical therapist;30
(K) Blood transfusions, including the cost of blood and blood 31
plasma not replaced by voluntary donors; 32
(L) An optometrist licensed under the provisions of chapter 18.53 33
RCW. 34
(21) "Member" means any firefighter, law enforcement officer, or 35
other person as would apply under subsection (17) or (19) of this 36
section whose membership is transferred to the Washington law 37
enforcement officers' and firefighters' retirement system on or after 38
March 1, 1970, and every law enforcement officer and firefighter who 39
is employed in that capacity on or after such date.40
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(22) "Plan 1" means the law enforcement officers' and 1
firefighters' retirement system, plan 1 providing the benefits and 2
funding provisions covering persons who first became members of the 3
system prior to October 1, 1977. 4
(23) "Plan 2" means the law enforcement officers' and 5
firefighters' retirement system, plan 2 providing the benefits and 6
funding provisions covering persons who first became members of the 7
system on and after October 1, 1977. 8
(24) "Position" means the employment held at any particular time, 9
which may or may not be the same as civil service rank.10
(25) "Regular interest" means such rate as the director may 11
determine. 12
(26) "Retiree" for persons who establish membership in the 13
retirement system on or after October 1, 1977, means any member in 14
receipt of a retirement allowance or other benefit provided by this 15
chapter resulting from service rendered to an employer by such 16
member. 17
(27) "Retirement fund" means the "Washington law enforcement 18
officers' and firefighters' retirement system fund" as provided for 19
herein. 20
(28) "Retirement system" means the "Washington law enforcement 21
officers' and firefighters' retirement system" provided herein.22
(29)(a) "Service" for plan 1 members, means all periods of 23
employment for an employer as a firefighter or law enforcement 24
officer, for which compensation is paid, together with periods of 25
suspension not exceeding thirty days in duration. For the purposes of 26
this chapter service shall also include service in the armed forces 27
of the United States as provided in RCW 41.26.190. Credit shall be 28
allowed for all service credit months of service rendered by a member 29
from and after the member's initial commencement of employment as a 30
firefighter or law enforcement officer, during which the member 31
worked for seventy or more hours, or was on disability leave or 32
disability retirement. Only service credit months of service shall be 33
counted in the computation of any retirement allowance or other 34
benefit provided for in this chapter. 35
(i) For members retiring after May 21, 1971, who were employed 36
under the coverage of a prior pension act before March 1, 1970, 37
"service" shall also include (A) such military service not exceeding 38
five years as was creditable to the member as of March 1, 1970, under 39
the member's particular prior pension act, and (B) such other periods 40
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of service as were then creditable to a particular member under the 1
provisions of RCW 41.18.165, 41.20.160, or 41.20.170. However, in no 2
event shall credit be allowed for any service rendered prior to March 3
1, 1970, where the member at the time of rendition of such service 4
was employed in a position covered by a prior pension act, unless 5
such service, at the time credit is claimed therefor, is also 6
creditable under the provisions of such prior act. 7
(ii) A member who is employed by two employers at the same time 8
shall only be credited with service to one such employer for any 9
month during which the member rendered such dual service.10
(iii) Reduction efforts such as furloughs, reduced work hours, 11
mandatory leave without pay, temporary layoffs, or other similar 12
situations as contemplated by subsection (15)(c)(iii) of this section 13
do not result in a reduction in service credit that otherwise would 14
have been earned for that month of work, and the member shall receive 15
the full service credit for the hours that were scheduled to be 16
worked before the reduction. 17
(b)(i) "Service" for plan 2 members, means periods of employment 18
by a member for one or more employers for which basic salary is 19
earned for ninety or more hours per calendar month which shall 20
constitute a service credit month. Periods of employment by a member 21
for one or more employers for which basic salary is earned for at 22
least seventy hours but less than ninety hours per calendar month 23
shall constitute one-half service credit month. Periods of employment 24
by a member for one or more employers for which basic salary is 25
earned for less than seventy hours shall constitute a one-quarter 26
service credit month. 27
(ii) Members of the retirement system who are elected or 28
appointed to a state elective position may elect to continue to be 29
members of this retirement system. 30
(iii) Service credit years of service shall be determined by 31
dividing the total number of service credit months of service by 32
twelve. Any fraction of a service credit year of service as so 33
determined shall be taken into account in the computation of such 34
retirement allowance or benefits. 35
(iv) If a member receives basic salary from two or more employers 36
during any calendar month, the individual shall receive one service 37
credit month's service credit during any calendar month in which 38
multiple service for ninety or more hours is rendered; or one-half 39
service credit month's service credit during any calendar month in 40
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which multiple service for at least seventy hours but less than 1
ninety hours is rendered; or one-quarter service credit month during 2
any calendar month in which multiple service for less than seventy 3
hours is rendered. 4
(v) Reduction efforts such as furloughs, reduced work hours, 5
mandatory leave without pay, temporary layoffs, or other similar 6
situations as contemplated by subsection (15)(c)(iii) of this section 7
do not result in a reduction in service credit that otherwise would 8
have been earned for that month of work, and the member shall receive 9
the full service credit for the hours that were scheduled to be 10
worked before the reduction. 11
(30) "Service credit month" means a full service credit month or 12
an accumulation of partial service credit months that are equal to 13
one. 14
(31) "Service credit year" means an accumulation of months of 15
service credit which is equal to one when divided by twelve.16
(32) "State actuary" or "actuary" means the person appointed 17
pursuant to RCW 44.44.010(2). 18
(33) "State elective position" means any position held by any 19
person elected or appointed to statewide office or elected or 20
appointed as a member of the legislature. 21
(34) "Surviving spouse" means the surviving widow or widower of a 22
member. "Surviving spouse" shall not include the divorced spouse of a 23
member except as provided in RCW 41.26.162. 24
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