S-4089               _______________________________________________

                                                   SENATE BILL NO. 6286

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Owen, Bender, Johnson, von Reichbauer and McMullen

Read first time 1/18/88 and referred to Committee on Ways & Means.

AN ACT Relating to retirement credit with the Washington state patrol for military service in Southeast Asia; amending RCW 43.43.260; and providing an effective date.

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

        Sec. 1.  Section 43.43.260, chapter 8, Laws of 1965 as last amended by section 27, chapter 52, Laws of 1982 1st ex. sess. and RCW 43.43.260 are each amended to read as follows:

(1) Upon retirement from service as provided in RCW 43.43.250, a member shall be granted a retirement allowance which shall consist of:

          (((1))) (a) A prior service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of prior service rendered by the member.

          (((2))) (b) A current service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of service rendered while a member of the retirement system.

          (((3))) (2) (a) Any member with twenty years' service in the Washington state patrol who served in the United States armed forces in the Southeast Asian theater of operations during the period from August 5, 1964, through May 7, 1975, whether or not the individual left the employ of the Washington state patrol to enter such armed forces, may have credited that member's service in the armed forces which when added to the service in the Washington state patrol would equal twenty-five years; or

(b) Any member with twenty-five years' service in the Washington state patrol may have the member's service in the armed forces credited as a member whether or not the individual left the employ of the Washington state patrol to enter such armed forces:  PROVIDED, That in no instance shall military service in excess of five years be credited((:  AND PROVIDED FURTHER, That)).

(c) In each instance under this subsection, a member must restore all withdrawn accumulated contributions, which restoration must be completed on the date of the member's retirement, or within five years of membership service following the member's first resumption of employment, whichever occurs first((:  AND PROVIDED FURTHER, That)).

(d) This ((section)) subsection shall not apply to any individual((,)) not a veteran within the meaning of RCW 41.06.150((, as now or hereafter amended:  AND PROVIDED FURTHER, That)).

(e) In no instance shall military service be credited to any member who is receiving full military retirement benefits pursuant to Title 10 United States Code, as now or hereafter amended.

          (((4))) (3) In no event shall the total retirement benefits from subsections (1)((,)) and (2)((, and (3))) of this section((,)) of any member exceed seventy-five percent of the member's average final salary.

          (((5))) (4) A yearly increase in retirement allowance which shall amount to two percent of the retirement allowance computed at the time of retirement.  This yearly increase shall be added to the retirement allowance on July 1st of each calendar year.

          The provisions of this section, other than subsection (2)(a),  shall apply to all members ((presently)) retired ((and to all)) prior to the effective date of this 1988 section; all provisions of this section apply to members who shall retire ((in the future)) on or after the effective date of this 1988 section.

NEW SECTION. Sec. 2.     This act shall take effect July 1, 1988.