Wash. Rev. Code § 41.04.005

Current through 2024

Section 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.

RCW 41.04.005

Amended by 2024 c 146,§ 2, eff. 6/6/2024.

Amended by 2023 c 18,§ 1, eff. 7/23/2023.

Amended by 2020 c 178,§ 1, eff. 6/11/2020.

Amended by 2018 c 61,§ 1, eff. 6/7/2018.

2005 c 255 § 1; 2005 c 247 § 1. Prior: 2002 c 292 § 1; 2002 c 27 § 1; 1999 c 65 § 1; 1996 c 300 § 1; 1991 c 240 § 1; 1984 c 36 § 1; 1983 c 230 § 1; 1982 1st ex.s. c 37 § 20; 1969 ex.s. c 269 § 1.

Intent- 2024 c 146 : See note following RCW 73.04.005.

Retroactive application- 2023 c 18 s 1: "The definition of veteran in section 1 of this act is retroactive for purposes of the retirement systems listed in RCW 41.50.030. Members who retired prior to July 23, 2023, with eligible military service must have retirement benefits recalculated and contributions adjusted consistent with the terms of this act." [2023 c 18 s 2.]

Severability-2005 c 247: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2005 c 247 s 3.]

Effective date-2005 c 247: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 3, 2005]." [ 2005 c 247 s 4.]

Effective date-1983 c 230: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1983." [ 1983 c 230 s 3.]

Effective date-Severability-1982 1st ex.s. c 37: See notes following RCW 28B.15.012.