Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Appropriations Committee

SB 5661

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing interruptive service credit for members of the law enforcement officers' and fire fighters' retirement system.

Sponsors: Senator Rolfes.

Brief Summary of Bill

  • Makes Law Enforcement Officers' and Fire Fighters' Retirement System Plan 2 (LEOFF 2) members eligible for interruptive military service credit without paying the employee contributions for certain service.

  • Creates a new definition of "period of war" for LEOFF 2, which for certain conflicts removes the requirement of receipt of a campaign badge or medal.

Hearing Date: 3/15/17

Staff: David Pringle (786-7310).

Background:

A member of the Law Enforcement Officers' and Fire Fighters' Retirement System Plan 2 (LEOFF 2), as well as other state retirement systems, who leaves employment to enter the armed forces of the United States may receive up to five years of retirement system service credit. These provisions are administered consistent with the governing federal law, the Uniform Services Employment and Re-employment Rights Act (USERRA).

Following re-employment in a retirement system-covered position, a member may have up to five years of military service credited to their retirement system by paying the employee contributions. Depending on when the military service was completed, the member may or may not have been required to also pay interest on the contributions. The contributions are based on the average of the member's compensation at the time the member left employment to join the armed forces and at the time the member resumed employment, and payment must be completed within five years following either the first resumption of state employment or accumulation of 25 years of service credit.

A member that provides proof to the Director of the Department of Retirement Systems that the member's interruptive military service credit was earned during a period of war may receive up to five years of interruptive military service credit without paying the employee contributions.

"Period of war" is defined in RCW 41.04.005 to include specific named conflicts, including World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and any future period beginning on the date of a future declaration of war by Congress and ending on the date of a Presidential proclamation or resolution by Congress. Additional armed conflicts are included where the individual was awarded the respective campaign badge or medal in the following conflicts:  the crisis in Lebanon, the invasion of Grenada, Operation Just Cause in Panama, Operation Restore Hope in Somalia, Operation Uphold Democracy in Haiti, Operation Joint Endeavor in Bosnia, Operation Noble Eagle, Operation Enduring Freedom in Southern or Central Asia, and Operation Iraqi Freedom.

Summary of Bill:

Members of LEOFF 2 are eligible for interruptive military service credit without paying the employee contributions for service in certain armed conflicts, even if the individual was not awarded a campaign badge or medal.  References to the definition of military service during a period of war are changed to a new definition in the LEOFF chapter that does not contain the campaign badge or medal requirement for certain conflicts.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.