AN ACT Relating to retirement eligibility for
plan I members of the teachers' and public employees' retirement systems who
submitted late applications for early retirement; amending RCW 43.01.170 and
28A.400.212; amending 1992 c 234 s 6 (uncodified); 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.
(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; and
(b) Submitted a written application to retire
on the form required by the department not later than August 31, 1992; but
(c) Were denied retirement eligibility because
the department of retirement systems received the application after the June
15, 1992, deadline.
(3) A retirement under this section shall take
effect:
(a) September 1, 1992, for members who
separated from service on or before that date and who did not subsequently
render membership service to an employer; or
(b) The first day of the month following the
member's separation form service, but no later than September 1, 1993, for
members who separate from service after September 1, 1992. However, if a full
year of membership service was established for the 1992-93 school year, the
effective date of a retirement under this subsection (3)(b) shall be July 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.
NEW SECTION. Sec. 3.
(1) Any member of the public employees' 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.
(2) This section applies only to members who:
(a) Were otherwise eligible to retire under the
terms and conditions of section 1, chapter 234, Laws of 1992; and
(b) Submitted a written application to retire
on the form required by the department not later than August 31, 1992; but
(c) Were denied retirement eligibility because
the department of retirement systems received the application after the June
15, 1992, deadline.
(3) A retirement under this section shall take
effect:
(a) September 1, 1992, for members who
separated from service on or before that date and who were not subsequently
employed in an eligible position; or
(b) The first day of the month following the
member's separation from service, but no later than September 1, 1993, for
members who separate from service after September 1, 1992.
NEW SECTION. Sec. 4.
Section 3 of this act is added to chapter 41.40 RCW, but because of its
temporary nature, shall not be codified.
Sec. 5.
1992 c 234 s 6 (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
state agency 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 director of the office
of financial management if the director finds that the proposed contract is
necessary to protect the public safety, protect against the loss of federal
certification or loss of critical federal funds, or carry out functions so
essential to the agency that even temporary suspension or delay of services
would have a significant negative impact on the public. At the end of each
three-month period in which exceptions are approved, the director shall forward
a copy of any approvals, together with justification for the exceptions, to the
fiscal committees of the legislature. Each forwarded approval shall include
the name of the proposed contractor, the agency and division or department
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 June 30, 1995.
Sec. 6.
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. 7.
RCW 43.01.170 and 1992 c 234 s 11 are each 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 state
agency may hire persons who retire from state service under the provisions of
chapter 234, Laws of 1992, and chapter . . ., Laws of 1993 (this
act), as temporary or project employees, as defined by the state personnel
board for employees covered under chapter 41.06 RCW ((and)), by
the higher education personnel board for employees covered under chapter 28B.16
RCW, and by the employer for persons not covered under chapter 28B.16 RCW
who are employed by institutions of higher education or community or technical
colleges. Exceptions to this section may be granted by written approval
from the director of the office of financial management if the director finds
that the temporary or project employment of a retiree is necessary to protect
the public safety, protect against the loss of federal certification or loss of
critical federal funds, or carry out functions so essential to the agency that
even temporary suspension or delay of services would have a significant
negative impact on the public. At the end of each three-month period in which
exceptions are approved, the director shall forward a copy of any approvals,
together with justification for the exceptions, to the fiscal committees of the
legislature. Each forwarded approval shall include the name of the temporary
or project employee, the agency and division or department requesting the
employment, duration and cost of the proposed employment, and specific
functions and duties to be carried out during the employment. This section
shall expire June 30, 1995.
Sec. 8. 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 or 3, 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 or 3, chapter . . ., Laws of 1993 (this act).
NEW SECTION. Sec. 9.
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.
