BP BHEAD INT H

AN ACT Relating to retirement eligibility for plan I members of the teachers' retirement system employed under multiyear contracts; amending RCW 28A.400.212; amending 1992 c 234 s 8 (uncodified); creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Any member of the teachers' retirement system plan I who meets the criteria in subsection (2) of this section may retire by submitting a written application by July 1, 1993, to the director of the department of retirement systems on the form required by the department, and by submitting evidence to the director that the member meets the criteria in subsection (2) of this section.

(2) This section applies only to members who:

(a) Were otherwise eligible to retire under the terms and conditions of section 3, chapter 234, Laws of 1992;

(b) Were employed as of April 2, 1992, under a contract with a multiyear term; and

(3) A retirement under this section shall take effect no later than September 1, 1993.

NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 41.32 RCW, but because of its temporary nature, shall not be codified.

Sec. 3. 1992 c 234 s 8 (uncodified) is amended to read as follows:

In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act), no board of directors of a school district or educational service district may engage through personal service contracts persons who retire from ((~~state~~)) service under the provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act). Exceptions to this section may be granted by written approval from the superintendent of public instruction if the superintendent finds that the proposed contract is necessary to protect student safety, protect against the loss of school district certification or loss of federal funds, or carry out functions so essential to the district that even temporary suspension or delay of services would have a significant negative impact on students. At the end of each three-month period in which exceptions are approved, the superintendent shall forward a copy of any approvals, together with justification for the exceptions, to the office of financial management and the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the district requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire August 31, 1995.

Sec. 4. RCW 28A.400.212 and 1992 c 234 s 13 are each amended to read as follows:

An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, or section 1, chapter . . ., Laws of 1993 (this act), shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, or section 1, chapter . . ., Laws of 1993 (this act).

NEW SECTION. Sec. 5. 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 shall take effect immediately.