S-1305               _______________________________________________

                                                   SENATE BILL NO. 5525

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Owen

Read first time 2/3/87 and referred to Committee on Ways & Means.

AN ACT Relating to the Washington public employees' retirement system; and amending RCW 41.40.170.

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

        Sec. 1.  Section 18, chapter 274, Laws of 1947 as last amended by section 12, chapter 294, Laws of 1981 and RCW 41.40.170 are each amended to read as follows:

          (1) A member who has served or shall serve on active federal service in the military or naval forces of the United States and who left or shall leave an employer to enter such service shall be deemed to be on military leave of absence if ((he)) the member has resumed or shall resume employment as an employee within one year from termination thereof.

          (2) If ((he)) the member has applied or shall apply for reinstatement of employment, within one year from termination of the military service, and is refused employment for reasons beyond ((his)) the member's control, ((he)) the member shall, upon resumption of service within ten years have such service credited to ((him)) the member.

          (3) In any event, after completing twenty-five years of creditable service, any member may have ((his)) the member's service in the armed forces including the Washington national guard credited to ((him)) the member as a member whether or not ((he)) the member left the employ of an employer to enter such armed service:  PROVIDED, That in no instance, described in subsections (1), (2), and (3) of this section, shall military service in excess of five years be credited:  AND PROVIDED FURTHER, That in each instance the member must restore all withdrawn accumulated contributions, which restoration must be completed within five years of membership service following ((his)) the member's first resumption of employment or complete twenty-five years of creditable service:  AND PROVIDED FURTHER, That this section will not apply to any individual, not a veteran within the meaning of RCW 41.04.005, except those with creditable service in the Washington national guard, as now or hereafter amended:  AND PROVIDED FURTHER, That in no instance, described in subsections (1), (2), and (3) of this section, shall military service be credited to any member who is receiving full military retirement benefits pursuant to Title 10 United States Code.  For the purposes of this section, each federal retirement credit awarded by law for service in the Washington national guard will be the equivalent of one day creditable military service in the armed forces.