Statutes > Washington Statutes > Title 41 - Public employment, civil service, and pensions > 41.35 - Washington school employees' retirement system. > 41.35.060 - Reduction of retirement allowance upon reemployment -- Reestablishment of membership.

41.35.060 - Reduction of retirement allowance upon reemployment -- Reestablishment of membership.

Reduction of retirement allowance upon reemployment — Reestablishment of membership.

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

     (b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

     (2) A retiree who has satisfied the break in employment requirement of subsection (1) of this section may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, 41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.

     (3) If the retiree opts to reestablish membership under RCW 41.35.030, he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.35.420 or 41.35.680. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.

[2004 c 242 § 64; 2001 2nd sp.s. c 10 § 11; 1998 c 341 § 7.]

Notes: Effective date -- 2004 c 242: See RCW 41.37.901.

Effective dates -- 2001 2nd sp.s. c 10: See note following RCW 41.40.037.