5092-S AMS roac S3836.1
SSB 5092 - S AMD
By Senators Roach, Rasmussen, Wojahn and Madsen
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.26.520 and 1989 c 88 s 2 are each amended to read as follows:
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.26.410 through 41.26.550.
(2) Except as specified in subsection (3) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes the employer, member, and state contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner: PROVIDED, That for the purpose of this subsection the contribution shall not include the contribution for the unfunded supplemental present value as required by RCW 41.26.450. The contributions required shall be based on the average of the member's basic salary at both the time the authorized leave of absence was granted and the time the member resumed employment.
(3) A member who ((is inducted into)) leaves the employ of an employer to enter the armed forces of the United States shall be ((deemed to be on an unpaid, authorized leave of absence)) entitled to retirement system service credit for up to four years of military service.
(a) The member qualifies for service credit under this subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member returns to the employ of the employer who employed the member immediately prior to the member entering the United States armed forces; and
(ii) The member makes the employee contributions required under RCW 41.26.450 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.
(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer and the state for their respective contributions required under RCW 41.26.450 for the period of military service, plus interest as determined by the department.
(c) The contributions required shall be based on the average of the member's basic salary at both the time the authorized leave was granted and the time the member resumed employment.
(4) A member receiving benefits under Title 51 RCW who is not receiving benefits under this chapter shall be deemed to be on unpaid, authorized leave of absence."
"Sec. 2. RCW 41.32.810 and 1977 ex.s. c 293 s 13 are each amended to read as follows:
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.32.755 through 41.32.825.
(2) Except as specified in subsection (3) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes both the employer and member contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner: PROVIDED, That for the purpose of this subsection (([section])) the contribution shall not include the contribution for the unfunded supplemental present value as required by RCW 41.32.775. The contributions required shall be based on the average of the member's ((compensation)) earnable compensation at both the time the authorized leave of absence was granted and the time the member resumed employment.
(3) A member who ((is inducted into)) leaves the employ of an employer to enter the armed forces of the United States shall be ((deemed to be on an unpaid, authorized leave of absence)) entitled to retirement system service credit for up to four years of military service.
(a) The member qualifies for service credit under this subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member returns to the employ of the employer who employed the member immediately prior to the member entering the United States armed forces; and
(ii) The member makes the employee contributions required under RCW 41.32.775 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.
(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer for its contribution required under RCW 41.32.775 for the period of military service, plus interest as determined by the department.
(c) The contributions required shall be based on the average of the member's earnable compensation at both the time the authorized leave was granted and the time the member resumed employment."
"Sec. 3. RCW 41.40.710 and 1991 c 35 s 100 are each amended to read as follows:
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.40.610 through 41.40.740.
(2) Except as specified in subsection (3) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes both the plan II employer and member contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner. The contributions required shall be based on the average of the member's compensation earnable at both the time the authorized leave of absence was granted and the time the member resumed employment.
(3) A member who ((is inducted into)) leaves the employ of an employer to enter the armed forces of the United States shall be ((deemed to be on an unpaid, authorized leave of absence)) entitled to retirement system service credit for up to four years of military service.
(a) The member qualifies for service credit under this subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member returns to the employ of the employer who employed the member immediately prior to the member entering the United States armed forces; and
(ii) The member makes the employee contributions required under RCW 41.40.650 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.
(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer for its contribution required under RCW 41.40.650 for the period of military service, plus interest as determined by the department.
(c) The contributions required shall be based on the average of the member's compensation earnable at both the time the authorized leave was granted and the time the member resumed employment."
"NEW SECTION. Sec. 4. This act applies retroactively for retirement system service credit for military service which began on or after January 1, 1990."
"NEW SECTION. Sec. 5. 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 shall take effect immediately."
SSB 5092 - S AMD
By Senators Roach, Rasmussen, Wojahn and Madsen
On page 1, line 2 of the title, after "Shield;" strike the remainder of the title and insert "amending RCW 41.26.520, 41.32.810, and 41.40.710; creating a new section; and declaring an emergency."