Washington § 41.40.230 - Nonduty disability — Applicability to certain judges.

Full text of Washington Revised Code of Washington § 41.40.230 — Nonduty disability — Applicability to certain judges., with citation guidance and answers to common questions.

§ 41.40.230. Nonduty disability — Applicability to certain judges.

(1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who has been an employee at least five years, and who becomes totally and permanently incapacitated for duty as the result of causes occurring not in the performance of his or her duty, may be retired by the department, subject to the following conditions:
(a) That the medical adviser, after a medical examination of the member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired; and
(b) That the department concurs in the recommendation of the medical adviser.
(2) The retirement for disability of a judge, who is a member of the retirement system and who has been an employee at least five years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the department, shall be considered a retirement under subsection (1) of this section.
[ 1991 c 35 s 82; 1982 c 18 s 4; 1969 c 128 s 9; 1951 c 50 s 7; 1949 c 240 s 17; 1947 c 274 s 24; Rem. Supp. 1949 s 11072-24.]

Notes

Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 41.40.230

What does Revised Code of Washington § 41.40.230 cover?

Section 41.40.230 ("Nonduty disability — Applicability to certain judges.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 41.40.230?

A common citation format is "Revised Code of Washington § 41.40.230" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

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Sources & Verification

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