S-2331               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6001

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senators  Warnke and Bauer)

Read first time 3/4/87.

AN ACT Relating to classified school district employees' benefits; adding new sections to chapter 28A.58 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     If a school district contracts out services previously performed by its own employees, each former school district employee who is employed by an employer who contracted with the school district to provide such services shall be deemed to remain an employee of the school district for the purpose of retirement and pension benefits.  All income received by the former school district employee from such employer shall be considered as regular compensation for the purpose of computing the retirement and pension benefits earned by the employee.  The former school district employee shall continue to receive credit for length of service.  The school district shall pay the employer contributions to the retirement system.

NEW SECTION. Sec. 2.     Any employer who contracts with a school district to perform services previously performed by school district employees must:

          (1) Assume, observe and administer the terms, conditions and procedures of all existing labor contracts relating to such services;

          (2) Employ as many of the former school district employees as are necessary to provide services, and place them in comparable positions to those which they held in the school district at a salary at least equal to their previous pay;

          (3) Ensure that no former school district employee is placed in any worse position with respect to retirement, sick leave, vacation leave, seniority, or other benefits enjoyed while an employee of the school district;

          (4) Establish a sick leave credit plan which credits each former school district employee with all sick leave that the employee accumulated while with the school district; and

          (5) Provide each former school district employee with a vacation with pay during the first year of such employee's employment equivalent to what the former school district employee would have been entitled if he or she had remained employed by the school district.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.     Sections 1 and 2 of this act are each added to chapter 28A.58 RCW.

NEW SECTION. Sec. 5.     This act shall operate prospectively only and shall not affect existing contracts until they expire, but shall be applied to any renewal thereof.

NEW SECTION. Sec. 6.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.