CERTIFICATION OF ENROLLMENT

HOUSE BILL 1270

Chapter 372, Laws of 2005

(partial veto)

59th Legislature
2005 Regular Session



LEOFF RETIREMENT--REEMPLOYMENT



EFFECTIVE DATE: 7/24/05 - Except section 2, which becomes effective 7/1/06.

Passed by the House March 3, 2005
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 22, 2005
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate		 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1270 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved May 10, 2005, with the exception of Section 4, which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington		 
FILED
May 10, 2005 - 9:47 a.m.







Secretary of State
State of Washington


_____________________________________________ 

HOUSE BILL 1270
_____________________________________________

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By Representatives Curtis, Simpson, Conway, Hinkle, Upthegrove, Morrell, Moeller, Green, O'Brien, P. Sullivan, McDonald, Campbell, Chase, B. Sullivan, Ormsby, Kilmer, McCoy, Jarrett, Serben and Strow; by request of LEOFF Plan 2 Retirement Board

Read first time 01/19/2005.   Referred to Committee on Appropriations.



     AN ACT Relating to suspending a retirement allowance upon reemployment; amending RCW 41.26.500 and 41.26.500; providing an effective date; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 41.26.500 and 1998 c 341 s 604 are each amended to read as follows:
     (1) ((No)) Except under subsection (3) of this section, a retiree under the provisions of plan 2 shall not be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010, 41.32.010, or 41.35.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030. If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.
     (2) The department shall adopt rules implementing this section.
     (3) A member or retiree who becomes employed in an eligible position as defined in RCW 41.40.010, 41.32.010, or 41.35.010 shall have the option to enter into membership in the corresponding retirement system for that position notwithstanding any provision of RCW 41.04.270. A retiree who elects to enter into plan membership shall have his or her benefits suspended as provided in subsection (1) of this section. A retiree who does not elect to enter into plan membership shall continue to receive his or her benefits without interruption.

Sec. 2   RCW 41.26.500 and 2004 c 242 s 54 are each amended to read as follows:
     (1) ((No)) Except under subsection (3) of this section, a retiree under the provisions of plan 2 shall not be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030. If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.
     (2) The department shall adopt rules implementing this section.
     (3) A member or retiree who becomes employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.35.010, or 41.37.010 shall have the option to enter into membership in the corresponding retirement system for that position notwithstanding any provision of RCW 41.04.270. A retiree who elects to enter into plan membership shall have his or her benefits suspended as provided in subsection (1) of this section. A retiree who does not elect to enter into plan membership shall continue to receive his or her benefits without interruption.

NEW SECTION.  Sec. 3   Section 1 of this act expires July 1, 2006.

     *NEW SECTION.  Sec. 4   Section 1 of 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.
     *Sec. 4 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect July 1, 2006.


         Passed by the House March 3, 2005.
         Passed by the Senate April 22, 2005.
         Approved by the Governor May 10, 2005, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 10, 2005.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Section 4, House Bill No. 1270 entitled:

     "AN ACT Relating to suspending a retirement allowance upon reemployment."

This bill allows members of the Law Enforcement Officers and Fire Fighters Retirement System Plan 2 (LEOFF 2) to work at another state job and either earn pension credit at the new job while their original pension credits are suspended, or to continue receiving their old pension but not earn pension credit in the new system. Because law enforcement officers and fire fighters can retire earlier under the LEOFF 2 than in other pension plans, and move to another profession, this bill allows them important pension and professional flexibility.

I am vetoing Section 4 of this bill, the emergency clause, as the issues addressed in this important legislation do not rise to the level an emergency that requires the immediate revision of state laws.

For these reasons, I have vetoed Section 4 of House Bill No. 1270.

With the exception of Section 4, House Bill No. 1270 is approved."