AN ACT
Relating to simplification of the designation of funds established for use by
the teachers' retirement system and the public employees' retirement system;
amending RCW 41.50.200, 41.32.540, 41.32.522, 41.32.523, 41.50.215, 41.32.260,
41.32.042, 41.32.380, 41.50.260, 41.33.020, 41.32.067, 41.32.300, 41.04.445,
41.32.013, 41.32.032, 41.32.345, 41.32.555, 41.32.812, and 41.50.133;
reenacting and amending RCW 41.32.010 and 41.32.520; and repealing RCW
41.50.225.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.32.010 and 1991 c 343 s 3 and 1991 c 35 s 31 are each reenacted and amended
to read as follows:
As
used in this chapter, unless a different meaning is plainly required by the
context:
(1)(a)
"Accumulated contributions" for plan I members, means the sum of all
regular annuity contributions with regular interest thereon.
(b)
"Accumulated contributions" for plan II members, means the sum of all
contributions standing to the credit of a member in the member's individual
account together with the regular interest thereon.
(2)
"Actuarial equivalent" means a benefit of equal value when computed
upon the basis of such mortality tables and regulations as shall be adopted by
the director and regular interest.
(3)
"Annuity" means the moneys payable per year during life by reason of
accumulated contributions of a member.
(4)
"((Annuity fund)) Member reserve" means the fund in
which all of the accumulated contributions of members are held.
(5) (("Annuity
reserve fund" means the fund to which all accumulated contributions are
transferred upon retirement.
(6)))(a)
"Beneficiary" for plan I members, means any person in receipt of a
retirement allowance or other benefit provided by this chapter.
(b)
"Beneficiary" for plan II members, means any person in receipt of a
retirement allowance or other benefit provided by this chapter resulting from
service rendered to an employer by another person.
(((7)))
(6) "Contract" means any agreement for service and
compensation between a member and an employer.
(((8)))
(7) "Creditable service" means membership service plus prior
service for which credit is allowable. This subsection shall apply only to
plan I members.
(((9)))
(8) "Dependent" means receiving one‑half or more of
support from a member.
(((10)))
(9) "Disability allowance" means monthly payments during
disability. This subsection shall apply only to plan I members.
(((11)))
(10)(a) "Earnable compensation" for plan I members, means:
(i)
All salaries and wages paid by an employer to an employee member of the
retirement system for personal services rendered during a fiscal year. In all
cases where compensation includes maintenance the employer shall fix the value
of that part of the compensation not paid in money.
(A)
Retroactive payments to an individual by an employer on reinstatement of the
employee in a position, or payments by an employer to an individual in lieu of
reinstatement in a position which are awarded or granted as the equivalent of
the salary or wages which the individual would have earned during a payroll
period shall be considered earnable compensation and the individual shall
receive the equivalent service credit.
(B) If
a leave of absence, without pay, is taken by a member for the purpose of
serving as a member of the state legislature, and such member has served in the
legislature five or more years, the salary which would have been received for
the position from which the leave of absence was taken shall be considered as
compensation earnable if the employee's contribution thereon is paid by the
employee. In addition, where a member has been a member of the state
legislature for five or more years, earnable compensation for the member's two
highest compensated consecutive years of service shall include a sum not to
exceed thirty‑six hundred dollars for each of such two consecutive years,
regardless of whether or not legislative service was rendered during those two
years.
(ii)
For members employed less than full time under written contract with a school
district, or community college district, in an instructional position, for
which the member receives service credit of less than one year in all of the
years used to determine the earnable compensation used for computing benefits
due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have
earnable compensation defined as provided in RCW ((41.32.011)) 41.32.345.
For the purposes of this subsection, the term "instructional position"
means a position in which more than seventy‑five percent of the member's
time is spent as a classroom instructor (including office hours), a librarian,
or a counselor. Earnable compensation shall be so defined only for the purpose
of the calculation of retirement benefits and only as necessary to insure that
members who receive fractional service credit under RCW 41.32.270 receive
benefits proportional to those received by members who have received full‑time
service credit.
(b)
"Earnable compensation" for plan II members, means salaries or wages
earned by a member during a payroll period for personal services, including
overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States Internal Revenue Code, but shall exclude lump sum payments for
deferred annual sick leave, unused accumulated vacation, unused accumulated
annual leave, or any form of severance pay.
(i)
Retroactive payments to an individual by an employer on reinstatement of the
employee in a position or payments by an employer to an individual in lieu of
reinstatement in a position which are awarded or granted as the equivalent of
the salary or wages which the individual would have earned during a payroll
period shall be considered earnable compensation, to the extent provided above,
and the individual shall receive the equivalent service credit.
(ii)
In any year in which a member serves in the legislature the member shall have
the option of having such member's earnable compensation be the greater of:
(A)
The earnable compensation the member would have received had such member not
served in the legislature; or
(B)
Such member's actual earnable compensation received for teaching and
legislative service combined. Any additional contributions to the retirement
system required because compensation earnable under (b)(ii)(A) of this
subsection is greater than compensation earnable under (b)(ii)(B) of this
subsection shall be paid by the member for both member and employer
contributions.
(((12)))
(11) "Employer" means the state of Washington, the school
district, or any agency of the state of Washington by which the member is paid.
(((13)))
(12) "Fiscal year" means a year which begins July 1st and ends
June 30th of the following year.
(((14)))
(13) "Former state fund" means the state retirement fund in
operation for teachers under chapter 187, Laws of 1923, as amended.
(((15)))
(14) "Local fund" means any of the local retirement funds for
teachers operated in any school district in accordance with the provisions of
chapter 163, Laws of 1917 as amended.
(((16)))
(15) "Member" means any teacher included in the membership of
the retirement system. Also, any other employee of the public schools who, on
July 1, 1947, had not elected to be exempt from membership and who, prior to
that date, had by an authorized payroll deduction, contributed to the ((annuity
fund)) member reserve.
(((17)))
(16) "Membership service" means service rendered subsequent to
the first day of eligibility of a person to membership in the retirement
system: PROVIDED, That where a member is employed by two or more employers the
individual shall receive no more than one service credit month during any
calendar month in which multiple service is rendered. The provisions of this
subsection shall apply only to plan I members.
(((18)))
(17) "Pension" means the moneys payable per year during life
from the pension reserve ((fund)).
(((19)))
(18) "Pension reserve ((fund))" is a fund in which
shall be accumulated an actuarial reserve adequate to meet present and future
pension liabilities of the system and from which all pension obligations are to
be paid.
(((20)))
(19) "Prior service" means service rendered prior to the first
date of eligibility to membership in the retirement system for which credit is
allowable. The provisions of this subsection shall apply only to plan I
members.
(((21)))
(20) "Prior service contributions" means contributions made by
a member to secure credit for prior service. The provisions of this subsection
shall apply only to plan I members.
(((22)))
(21) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality or political
subdivision thereof employing teachers, except the University of Washington and
Washington State University.
(((23)))
(22) "Regular contributions" means the amounts required to be
deducted from the compensation of a member and credited to the member's
individual account in the ((annuity fund)) member reserve. This
subsection shall apply only to plan I members.
(((24)))
(23) "Regular interest" means such rate as the director may
determine.
(((25)))
(24)(a) "Retirement allowance" for plan I members, means
monthly payments based on the sum of annuity and pension, or any optional
benefits payable in lieu thereof.
(b)
"Retirement allowance" for plan II members, means monthly payments to
a retiree or beneficiary as provided in this chapter.
(((26)))
(25) "Retirement system" means the Washington state teachers'
retirement system.
(((27)))
(26)(a) "Service" means the time during which a member has
been employed by an employer for compensation: PROVIDED, That where a member
is employed by two or more employers the individual shall receive no more than
one service credit month during any calendar month in which multiple service is
rendered.
(b)
"Service" for plan II members, means periods of employment by a member
for one or more employers for which earnable compensation is earned subject to
the following conditions:
(i) A
member employed in an eligible position or as a substitute shall receive one
service credit month for each month of September through August of the
following year if he or she earns earnable compensation for eight hundred ten
or more hours during that period and is employed during nine of those months,
except that a member may not receive credit for any period prior to the
member's employment in an eligible position except as provided in RCW 41.32.812
and 41.50.132;
(ii)
If a member is employed either in an eligible position or as a substitute
teacher for nine months of the twelve month period between September through
August of the following year but earns earnable compensation for less than
eight hundred ten hours but for at least six hundred thirty hours, he or she
will receive one‑half of a service credit month for each month of the
twelve month period;
(iii)
All other members in an eligible position or as a substitute teacher shall
receive service credit as follows:
(A) A
service credit month is earned in those calendar months where earnable
compensation is earned for ninety or more hours;
(B) A
half-service credit month is earned in those calendar months where earnable
compensation is earned for at least seventy hours but less than ninety hours;
and
(C) A
quarter-service credit month is earned in those calendar months where earnable
compensation is earned for less than seventy hours.
Any
person who is a member of the teachers' retirement system and who is elected or
appointed to a state elective position may continue to be a member of the
retirement system and continue to receive a service credit month for each of
the months in a state elective position by making the required member
contributions.
When
an individual is employed by two or more employers the individual shall only
receive one month's service credit during any calendar month in which multiple
service for ninety or more hours is rendered.
The
department shall adopt rules implementing this subsection.
(((28)))
(27) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(((29)))
(28) "Service credit month" means a full service credit month
or an accumulation of partial service credit months that are equal to one.
(((30)
"Survivors' benefit fund" means the fund from which survivor benefits
are paid to dependents of deceased members. This subsection shall apply only
to plan I members.
(31))) (29)
"Teacher" means any person qualified to teach who is engaged by a
public school in an instructional, administrative, or supervisory capacity.
The term includes state, educational service district, and school district superintendents
and their assistants and all employees certificated by the superintendent of
public instruction; and in addition thereto any full time school doctor who is
employed by a public school and renders service of an instructional or
educational nature.
(((32)))
(30) "Average final compensation" for plan II members, means
the member's average earnable compensation of the highest consecutive sixty
service credit months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may not be used in
the calculation of average final compensation.
(((33)))
(31) "Retiree" means any member in receipt of a retirement
allowance or other benefit provided by this chapter resulting from service
rendered to an employer by such member.
(((34)))
(32) "Department" means the department of retirement systems
created in chapter 41.50 RCW.
(((35)))
(33) "Director" means the director of the department.
(((36)))
(34) "State elective position" means any position held by any
person elected or appointed to state‑wide office or elected or appointed
as a member of the legislature.
(((37)))
(35) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(((38)))
(36) "Substitute teacher" means:
(a) A
teacher who is hired by an employer to work as a temporary teacher, except for
teachers who are annual contract employees of an employer and are guaranteed a
minimum number of hours; or
(b)
Teachers who either (i) work in ineligible positions for more than one employer
or (ii) work in an ineligible position or positions together with an eligible
position.
(((39)))
(37)(a) "Eligible position" for plan II members from June 7,
1990, through September 1, 1991, means a position which normally requires two
or more uninterrupted months of creditable service during September through
August of the following year.
(b)
"Eligible position" for plan II on and after September 1, 1991, means
a position that, as defined by the employer, normally requires five or more months
of at least seventy hours of earnable compensation during September through
August of the following year.
(c)
For purposes of this chapter an employer shall not define "position"
in such a manner that an employee's monthly work for that employer is divided
into more than one position.
(d)
The elected position of the superintendent of public instruction is an eligible
position.
(((40)))
(38) "Plan I" means the teachers' retirement system, plan I
providing the benefits and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
(((41)))
(39) "Plan II" means the teachers' retirement system, plan II
providing the benefits and funding provisions covering persons who first became
members of the system on and after October 1, 1977.
Sec.
2. RCW
41.50.200 and 1991 c 35 s 32 are each amended to read as follows:
In the
records of the teachers' retirement system the teachers' retirement ((fund))
system plan I fund shall be subdivided into the ((annuity fund, the
annuity reserve fund, the survivors' benefit fund)) member reserve,
the pension reserve ((fund, the disability reserve fund, the death benefit
fund, the income fund, the expense fund)), and other funds as may from time
to time be created by the director for the purpose of the internal accounting
record. The director may adopt rules creating or deleting funds as he or
she deems necessary.
Sec.
3. RCW
41.32.540 and 1991 c 35 s 61 are each amended to read as follows:
Upon
application of a member in service or of his or her employer or of his or her
legal guardian or of the legal representative of a deceased member who was
eligible to apply for a temporary disability allowance based on the final
illness a member shall be granted a temporary disability allowance by the
department if the medical director, after a medical examination of the member,
certifies that the member is mentally or physically incapacitated for the further
performance of duty. Any member receiving a temporary disability allowance on
July 1, 1964 or who qualifies for a temporary disability allowance effective on
or after July 1, 1964 shall receive a temporary disability allowance of one
hundred eighty dollars per month ((payable from the disability reserve fund))
for a period not to exceed two years, but no payments shall be made for a
disability period of less than sixty days: PROVIDED, That a member who is not
employed full time in Washington public school service for consecutive fiscal
years shall have been employed for at least fifty consecutive days during the
fiscal year in which he or she returns to full time Washington public school
service before he or she may qualify for temporary disability benefits:
PROVIDED FURTHER, That no temporary disability benefits shall be paid on the
basis of an application received more than four calendar years after a member
became eligible to apply for such benefits.
Sec.
4. RCW
41.32.522 and 1991 c 35 s 59 are each amended to read as follows:
(1) The
department shall pay a death benefit of six hundred dollars ((shall be
paid from the death benefit fund)) to a member's estate or to the persons
the member nominates by written designation duly executed and filed with the
department or to the persons as may otherwise qualify as the beneficiary
pursuant to RCW 41.32.520 upon receipt of proper proof of death of the member
if he or she:
(a)
Was employed on a full time basis ((and who contributed to the death benefit
fund)) during the fiscal year in which his or her death occurs;
(b)
Was under contract for full time employment in a Washington public school ((for
the fiscal year immediately following the year in which such contribution to
the death fund was made));
(c)
Submits an application for a retirement allowance to be approved by the
department immediately following termination of his or her full-time Washington
public school service and who dies before the first installment of his or her
retirement allowance becomes due;
(d) Is
receiving or is entitled to receive temporary disability payments; or
(e)
Upon becoming eligible for a disability retirement allowance submits an
application for an allowance to be approved by the department immediately
following the date of his or her eligibility for a disability retirement
allowance and dies before the first installment of such allowance becomes due.
(2) In
order to receive a death benefit under this section a deceased member:
(a)
Must have established at least one year of credit with the retirement system
for full time Washington membership service((. A member's contribution to
the death benefit fund for a given fiscal year qualifies the member for the
death benefit in the event his or her death occurs before the beginning of the
ensuing school year));
(b)
Who was not employed full time in Washington public school service during the
fiscal year immediately preceding the year of his or her death must have been
employed full time in Washington public school service for at least fifty
consecutive days during the fiscal year of his or her death.
Sec.
5. RCW
41.32.523 and 1991 c 35 s 60 are each amended to read as follows:
Upon
receipt of proper proof of death of a member who does not qualify for the death
benefit of six hundred dollars under RCW 41.32.522, or a former member who was
retired for age, service, or disability, a death benefit of four hundred
dollars shall be paid ((from the death benefit fund)) to the member's
estate or to the persons as he or she shall have nominated by written
designation duly executed and filed with the department or to the persons as
may otherwise qualify as the beneficiary pursuant to RCW 41.32.520: PROVIDED,
That the member or the retired former member had established not less than ten
years of credit with the retirement system for full time Washington membership
service.
Sec.
6. RCW
41.50.215 and 1991 c 35 s 36 are each amended to read as follows:
From
interest and other earnings on the moneys of the Washington state teachers'
retirement system, and except as otherwise provided in RCW ((41.32.405 and))
41.32.499, at the close of each fiscal year the department shall make an
allowance of regular interest on the balance which was on hand at the beginning
of the fiscal year in each of the teachers' retirement system funds as they may
deem advisable; however, no interest shall be credited to the expense fund ((or
the pension fund)).
Sec.
7. RCW
41.32.520 and 1991 c 365 s 29 and 1991 c 35 s 58 are each reenacted and amended
to read as follows:
(1)
Upon receipt of proper proofs of death of any member before retirement or
before the first installment of his or her retirement allowance shall become
due his or her accumulated contributions, less any amount identified as owing
to an obligee upon withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, and/or other benefits payable upon his or her
death shall be paid to his or her estate or to such persons as he or she shall
have nominated by written designation duly executed and filed with the
department. If a member fails to file a new beneficiary designation subsequent
to marriage, divorce, or reestablishment of membership following termination by
withdrawal, lapsation, or retirement, payment of his or her accumulated
contributions, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670, and/or other benefits upon death before retirement shall be made
to the surviving spouse, if any; otherwise, to his or her estate. If a member
had established ten or more years of Washington membership service credit or
was eligible for retirement, the beneficiary or the surviving spouse if
otherwise eligible may elect, in lieu of a cash refund of the member's
accumulated contributions, the following survivor benefit plan actuarially
reduced by the amount of any lump sum benefit identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a court order filed
under RCW 41.50.670:
(a) A
widow or widower, without a child or children under eighteen years of age, may
elect a monthly payment of fifty dollars to become effective at age fifty,
provided the member had fifteen or more years of Washington membership service
credit. A benefit paid under this subsection (1)(a) shall terminate at the
marriage of the beneficiary.
(b)
The beneficiary, if a surviving spouse or a dependent (as that term is used in
computing the dependent exemption for federal internal revenue purposes) may
elect to receive a joint and one hundred percent retirement allowance under RCW
41.32.530.
(i) In
the case of a dependent child the allowance shall continue until attainment of
majority or so long as the department judges that the circumstances which
created his or her dependent status continue to exist. In any case, if at the
time dependent status ceases, an amount equal to the amount of accumulated
contributions of the deceased member has not been paid to the beneficiary, the
remainder shall then be paid in a lump sum to the beneficiary.
(ii)
If at the time of death, the member was not then qualified for a service
retirement allowance, the benefit shall be based upon the actuarial equivalent
of the sum necessary to pay the accrued regular retirement allowance commencing
when the deceased member would have first qualified for a service retirement allowance.
(2) If
no qualified beneficiary survives a member, at his or her death his or her
accumulated contributions, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to his or her estate, or his or her
dependents may qualify for survivor benefits under benefit plan (1)(b) in lieu
of a cash refund of the members accumulated contributions in the following
order: Widow or widower, guardian of a dependent child or children under age
eighteen, or dependent parent or parents.
(((3)
Under survivors' benefit plan (1)(a) the department shall transfer to the
survivors' benefit fund the accumulated contributions of the deceased member
together with an amount from the pension fund determined by actuarial tables to
be sufficient to fully fund the liability. Benefits shall be paid from the
survivors' benefit fund monthly and terminated at the marriage of the
beneficiary.))
Sec.
8. RCW
41.32.260 and 1991 c 35 s 40 are each amended to read as follows:
Any
member whose public school service is interrupted by active service to the
United States as a member of its military, naval or air service, or to the
state of Washington, as a member of the legislature, may upon becoming
reemployed in the public schools, receive credit for that service upon
presenting satisfactory proof, and contributing to the ((annuity fund)) member
reserve, either in a lump sum or installments, amounts determined by the
director. Except that no military service credit in excess of five years shall
be established or reestablished after July 1, 1961, unless the service was
actually rendered during time of war.
Sec.
9. RCW
41.32.042 and 1982 1st ex.s. c 52 s 13 are each amended to read as follows:
The
deductions from salaries of members of the retirement system for their
contributions to the system are not considered diminution of pay and every
member is conclusively presumed to consent thereto as a condition of
employment. All contributions to the ((annuity fund)) member reserve
shall be credited to the individual for whose account the deductions from
salary were made. Regular interest shall be credited to each member's account
at least annually.
Sec.
10. RCW
41.32.380 and 1982 1st ex.s. c 52 s 8 are each amended to read as follows:
There
shall be placed in the pension reserve ((fund)) all appropriations made
by the legislature for the purpose of paying pensions and survivors' benefits
and of establishing and maintaining an actuarial reserve and all gifts and
bequests to the pension reserve ((fund)), and contributions of persons
entering the retirement system who have established prior service credit. Members
establishing prior service credit shall contribute to the pension reserve ((fund))
as follows:
For
the first ten years of prior service fifteen dollars per year;
For
the second ten years of prior service thirty dollars per year;
For
the third ten years of prior service forty-five dollars per year.
Sec.
11. RCW
41.50.260 and 1991 c 35 s 74 are each amended to read as follows:
For
the purpose of the internal accounting record of the public employees'
retirement system and not the segregation of moneys on deposit with the state
treasurer there are hereby created the employees' savings fund, the benefit
account fund, ((the public employees' income fund)) and such other funds
as the director may from time to time ((be required)) create.
(1)
The employees' savings fund shall be the fund in which shall be accumulated the
contributions from the compensation of public employees' retirement system
members. The director shall provide for the maintenance of an individual
account for each member of the public employees' retirement system showing the
amount of the member's contributions together with interest accumulations
thereon. The contributions of a member returned to the former employee upon
the individual's withdrawal from service, or paid in event of the employee's or
former employee's death, as provided in chapter 41.40 RCW, shall be paid from
the employees' savings fund. The accumulated contributions of a member, upon
the commencement of the individual's retirement, shall be transferred from the
employees' savings fund to the benefit account fund.
(2)
The benefit account fund shall be the fund in which shall be accumulated the
reserves for the payment of all public employees' retirement system retirement
allowances and death benefits, if any, in respect of any beneficiary. The
amounts contributed by all public employees' retirement system employers to
provide pension benefits shall be credited to the benefit account fund. The
benefit account fund shall be the fund from which shall be paid all public
employees' retirement system retirement allowances, or benefits in lieu thereof
because of which reserves have been transferred from the employees' savings
fund to the benefit account fund. At the time a recipient of a retirement
allowance again becomes a member of the public employees' retirement system,
the department shall transfer from the benefit account fund to the employees'
savings fund and credit to the individual account of such a member a sum equal
to the excess, if any, of the individual's account at the date of the member's
retirement over any service retirement allowance received since that date.
(((3)
A public employees' income fund is hereby created for the purpose of crediting
interest on the amounts in the various other public employees' retirement
system funds with the exception of the department of retirement systems expense
fund, and to provide a contingent fund out of which special requirements of any
of the other such funds may be covered. The director shall determine when a
distribution of interest and other earnings of the public employees' retirement
system shall take place. The amounts to be credited and the methods for
distribution to each of the funds enumerated in subsections (1) and (2) of this
section and for special requirements previously mentioned in this subsection
shall be at the director's discretion.
All
accumulated contributions standing to the account of a terminated member of the
public employees' retirement system except as provided in RCW 41.40.150(4),
41.40.170, 41.40.710, and 41.40.720 shall be transferred from the employees'
savings fund to the public employees' income fund. If the former employee, the
former employee's beneficiary, or the former employee's estate at a future date
requests the unclaimed contributions or reinstatement of the rights previously
provided thereunder, the former employee's contributions shall be transferred
from the public employees' income fund to the savings fund and the former
employee's account reestablished with all the rights which would have been due
the former employee, the former employee's beneficiary, or the former
employee's estate as if in fact the transfer to the public employees' income
fund had not occurred. All income, interest, and dividends derived from the
deposits and investments authorized by chapter 41.40 RCW shall be paid into the
public employees' income fund with the exception of interest derived from sums
deposited in the department of retirement systems expense fund. The director
on behalf of the retirement system is hereby authorized to accept gifts and
bequests. Any funds that may come into the possession of the public employees'
retirement system in such manner, or any funds which may be transferred from
the employees' savings fund by reason of lack of claimant, or because of a
surplus in any fund created by chapter 41.40 RCW, or any other moneys the
disposition of which is not otherwise provided for, shall be credited to the
public employees' income fund.))
Sec.
12. RCW
41.33.020 and 1973 1st ex.s. c 154 s 77 are each amended to read as follows:
The
terms and provisions of the plan are as follows:
(1)
Each political subdivision of the state employing members of the teachers'
retirement system and the members of the teachers' retirement system, after the
approval of this plan by the legislature, and by the eligible employees through
a referendum as provided in RCW 41.48.030 (3) and (4), shall be deemed to have
accepted and agreed to be bound by the following terms and conditions in
consideration of extension of the existing agreement between the secretary of
health, education and welfare and the governor to make the protection of the
federal old age and survivors insurance program available and applicable to
such employees.
(2) As
used in this plan the terms quoted below shall have the meanings assigned
thereto in this section.
"Political
subdivision" means any political subdivision, or instrumentality of one or
more subdivisions, or proprietary enterprise acquired, purchased or originated
by one or more such subdivisions after December, 1950, which employs members of
the teachers' retirement system. The state, its agencies, instrumentalities
and institutions of higher learning shall be grouped and considered as a single
political subdivision.
"Employee"
means any person who is a member of the teachers' retirement system and is
employed by a political subdivision.
"Wages"
shall have the meaning given in RCW 41.48.020(1) and section 209 of the social
security act (42 U.S.C.A. Sec. 409).
"State"
where not otherwise clearly indicated by the context, means the commissioner of
employment security or other officer designated by the governor to administer
the plan at the state level for all participating political subdivisions.
(3)
The terms and conditions of this plan are intended and shall be construed to be
in conformity with the requirements of the federal social security act as
amended and with the requirements of chapter 41.48 RCW, and particularly RCW
41.48.050, as amended by chapter 4, Laws of 1955 extraordinary session.
(4)
The rights and benefits accruing to employees from membership in the teachers'
retirement system shall in no way be altered or impaired by this plan or by the
additional and supplementary OASI coverage which such employees may receive
hereunder, other than the elimination of (1), (2) and (3) of section 52,
chapter 80, Laws of 1947 and RCW 41.32.520 as each are amended, with the
exception of that part of (1) which permits a widow or widower without a child
or children under age eighteen to receive a monthly payment of fifty dollars at
age fifty, provided that the member had fifteen or more years of Washington
membership service credit at date of death.
(5)
There shall be no additional cost to or involvement of the state or a political
subdivision with respect to OASI coverage of members of the teachers'
retirement system until this plan has been approved by the legislature.
(6)
Each employee to whom OASI coverage is made applicable under this plan pursuant
to an extension or modification under RCW 41.48.030 of the existing agreement
between the secretary of health, education and welfare and the governor shall
be required to pay into the OASI contribution fund established by RCW 41.48.060
during the period of such coverage contributions with respect to his wages in
an amount equal to the employee tax imposed by the federal insurance
contributions act (section 3101, Internal Revenue Code of 1954), in
consideration of the employee's retention in service by the political
subdivision. The subdivision shall withhold such contributions from the wages
paid to the employee; and shall remit the contributions so withheld in each
calendar quarter to the state for deposit in the contribution fund not later
than the twentieth calendar day of the month following that quarter.
(7)
Each political subdivision shall pay into the contribution fund with respect to
the wages of its employees during the period of their OASI coverage pursuant to
this plan contributions in an amount equal to the employer tax imposed by the
federal insurance contributions act (section 3111, Internal Revenue Code of
1954), from the fund of the subdivision from which such employees' wages are
paid. The subdivision shall remit such contributions to the state for deposit
in the contribution fund on a quarterly basis, not later than the twentieth
calendar day of the month following each calendar quarter.
(8) If
any political subdivision other than that comprising the state, its agencies,
instrumentalities and institutions of higher learning fails to remit as
provided herein employer contributions or employee contributions, or any part
of either, such delinquent contributions may be recovered with interest at the
rate of six percent per annum by action in a court of competent jurisdiction
against the political subdivision; or such delinquent contributions may at the
request of the governor be deducted from any moneys payable to such subdivision
by the state.
(9)
Each political subdivision shall be charged with a share of the cost of
administration of this plan by the state, to be computed as that proportion of
the overall cost of administration which its total annual contributions bear to
the total annual contributions paid by all subdivisions on behalf of employees
covered by the plan. The state shall compute the share of cost allocable to
each subdivision and bill the subdivision therefor at the end of each fiscal
year. The subdivision shall within ninety days thereafter remit its share of
the cost to the state for deposit in the general fund of the state.
(10)
Each political subdivision shall submit to the state, through the employment
security department, P.O. Box 367, Olympia, Washington, or such other officer or
agency as the governor may subsequently designate, on forms furnished by the
state, not later than the twentieth calendar day of the month following the end
of each calendar quarter, the following information:
A.
The social security account number of each employee;
B.
the name of each employee;
C.
the amount of wages subject to contributions as required hereunder paid to each
employee during the quarter;
D.
the total amount of wages subject to contributions paid to all employees during
the quarter;
E.
the total amount of employee contributions withheld and remitted for the
quarter; and
F.
the total amount of employer contributions paid by the subdivision for the
quarter.
(11)
Each political subdivision shall furnish in the same manner as provided in
subsection (10) of this section, upon reasonable notice, such other and
further reports or information as the governor may from time to time require.
Each subdivision shall comply with such requirements as the secretary of
health, education and welfare or the governor may from time to time establish
with respect to any or all of the reports or information which are or may be
provided for under subsection (10) of this section or this subsection in
order to assure the correctness and verification thereof.
(12)
The governing body of each political subdivision shall designate an officer of
the subdivision to administer such accounting, reporting and other functions as
will be required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of employment security or
such other officer as the governor may designate, shall perform or supervise
those functions with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher learning; and
shall serve as the representative of the participating political subdivisions
in the administration of this plan with the secretary of health, education and
welfare.
(13)
The legislature shall designate the first day of any month beginning with
January, 1956, as the effective date of OASI coverage for such employees,
except that after January 1, 1958, the effective date may not be prior to the
first day of the current year.
The
employer's contribution for any retroactive coverage shall be transferred by
the board of trustees from the teachers' retirement pension reserve ((fund))
to the official designated by the governor to administer the plan at the state
level.
Each
employee's contributions for any retroactive coverage shall be transferred by
the board of trustees from his accumulated contributions in the teachers'
retirement fund, to the official designated above. Each employee, if he so
desires, may, within one year from the date of transfer, reimburse his
accumulated contributions for the amount so transferred.
(14)
The governor may terminate the operation of this plan in its entirety with
respect to any political subdivision, in his discretion, if he finds that the
subdivision has failed to comply substantially with any requirement or
provision of this plan. The plan shall not be so terminated until reasonable
notice and opportunity for hearing thereon have been given to the subdivision
under such conditions, consistent with the provisions of the social security
act, as shall have been established in regulations by the governor.
Sec.
13. RCW
41.32.067 and 1991 c 278 s 2 are each amended to read as follows:
A
member may purchase additional benefits subject to the following:
(1)
The member shall pay all reasonable administrative and clerical costs; and
(2)
The member shall make ((an annuity fund)) a member reserve
contribution to be actuarially converted to a monthly benefit at the time of retirement.
Sec.
14. RCW
41.32.300 and 1991 c 35 s 42 are each amended to read as follows:
(1)
Henceforth a total of not more than four years of service outside of the state
shall be credited to a member who establishes or reestablishes credit for
out-of-state public school employment in this state subsequent to July 1,
1961. Foreign public school teaching service shall be creditable as
out-of-state service.
(2) No
out-of-state service credit shall be established or reestablished subsequent to
July 1, 1964, except that a member who has been granted official leave of
absence by his or her employer may, upon return to public school service in
this state, establish out-of-state membership service credit, within the
limitations of this section and conditioned upon satisfactory proof and upon
contributions to the ((annuity fund)) member reserve, for public
school service rendered in another state or in another country.
(3) No
member who establishes out-of-state service credit after July 1, 1947, shall at
retirement for pension payment purposes be allowed credit for out-of-state
service in excess of the number of years credit which he or she shall have
earned in the public schools of the state of Washington.
Sec.
15. RCW
41.04.445 and 1990 c 274 s 6 are each amended to read as follows:
(1)
This section applies to all members who are:
(a)
Judges under the retirement system established under chapter 2.10, 2.12, or
2.14 RCW;
(b)
Employees of the state under the retirement system established by chapter
41.32, 41.40, or 43.43 RCW;
(c)
Employees of school districts under the retirement system established by
chapter 41.32 or 41.40 RCW, except for substitute teachers as defined by RCW
41.32.010(((37)));
(d) Employees
of educational service districts under the retirement system established by
chapter 41.32 or 41.40 RCW; or
(e)
Employees of community college districts under the retirement system
established by chapter 41.32 or 41.40 RCW.
(2)
Only for compensation earned after the effective date of the implementation of
this section and as provided by section 414(h) of the federal internal revenue
code, the employer of all the members specified in subsection (1) of this
section shall pick up only those member contributions as required under:
(a)
RCW 2.10.090(1);
(b)
RCW 2.12.060;
(c)
RCW 2.14.090;
(d)
RCW ((41.32.260(2))) 41.32.263;
(e)
RCW 41.32.350;
(f)
RCW 41.32.775;
(g)
RCW 41.40.330 (1) and (3);
(h)
RCW 41.40.650; and
(i)
RCW 43.43.300.
(3)
Only for the purposes of federal income taxation, the gross income of the
member shall be reduced by the amount of the contribution to the respective
retirement system picked up by the employer.
(4)
All member contributions to the respective retirement system picked up by the
employer as provided by this section, plus the accrued interest earned thereon,
shall be paid to the member upon the withdrawal of funds or lump-sum payment of
accumulated contributions as provided under the provisions of the retirement
systems.
(5) At
least forty-five days prior to implementing this section, the employer shall
provide:
(a) A
complete explanation of the effects of this section to all members; and
(b)
Notification of such implementation to the director of the department of
retirement systems.
Sec.
16. RCW
41.32.013 and 1991 c 343 s 4 are each amended to read as follows:
Substitute
teachers may apply to the department to receive service credit or credit for
earnable compensation or both after the end of the last day of instruction of
the school year during which the service was performed.
(1)
The application must:
(a)
Include a list of the employers the substitute teacher has worked for;
(b)
Include proof of hours worked and compensation earned; and
(c) Be
made prior to retirement.
(2) If
the department accepts the substitute teacher's application for service credit,
the substitute teacher may obtain service credit by paying the required
contribution to the retirement system. The employer must pay the required
employer contribution upon notice from the department that the substitute
teacher has made contributions under this section.
(3)
The department shall charge interest prospectively on employee contributions
that are submitted under this section more than six months after the end of the
school year, as defined in RCW 28A.150.040, for which the substitute teacher is
seeking service credit. The interest rate charged to the employee shall take
into account interest lost on employer contributions delayed for more than six
months after the end of the school year.
(4)
Each employer shall quarterly notify each substitute teacher it has employed
during the school year of the number of hours worked by, and the compensation
paid to, the substitute teacher.
(5)
The department shall adopt rules implementing this section.
(6) If
a substitute teacher as defined in RCW ((41.32.010(39)(b)(ii))) 41.32.010(36)(b)(ii)
applies to the department under this section for credit for earnable compensation
earned from an employer the substitute teacher must make contributions for all
periods of service for that employer.
Sec.
17. RCW
41.32.032 and 1991 c 35 s 39 are each amended to read as follows:
(1)
Any teacher, as defined under RCW 41.32.010(((29))), who is first
employed by a public school on or after June 7, 1984, shall become a member of
the retirement system as directed under RCW 41.32.780 if otherwise eligible.
(2)
Any person who before June 7, 1984, has established service credit under
chapter 41.40 RCW while employed in an educational staff associate position and
who is employed in such a position on or after June 7, 1984 has the following
options:
(a) To
remain a member of the public employees' retirement system notwithstanding the
provisions of RCW 41.32.240 or 41.32.780; or
(b) To
irrevocably elect to join the retirement system under this chapter and to
receive service credit for previous periods of employment in any position
included under RCW 41.32.010(((29))). This service credit and
corresponding employee contribution shall be computed as though the person had
then been a member of the retirement system under this chapter. All employee
contributions credited to a member under chapter 41.40 RCW for service now to
be credited to the retirement system under this chapter shall be transferred to
the system and the member shall not receive any credit nor enjoy any rights
under chapter 41.40 RCW for those periods of service. The member shall pay any
difference between the employee contributions made under chapter 41.40 RCW and
transferred under this subsection and what would have been required under this
chapter, including interest as set by the director. The member shall be given
until July 1, 1989, to make the irrevocable election permitted under this
section. The election shall be made by submitting written notification as
required by the department requesting credit under this section and by
remitting any necessary proof of service or payments within the time set by the
department.
Any
person, not employed as an educational staff associate on June 7, 1984, may,
before June 30 of the fifth school year after that person's return to
employment as a teacher, request and establish membership and credit under this
subsection.
Sec.
18. RCW
41.32.345 and 1990 c 33 s 570 are each amended to read as follows:
(1)
Subject to the limitations contained in this section, for the purposes of RCW
((41.32.010(11)(a)(ii))) 41.32.010(10)(a)(ii), earnable
compensation means the compensation the member would have received in the same
position if employed on a regular full-time basis for the same contract period.
(2) In
order to ensure that the benefit provided by this section is not used to
unfairly inflate a member's retirement allowance, the department shall adopt
rules having the force of law to govern the application of this section.
(3)(a)
In adopting rules which apply to a member employed by a school district, the
department may consult the district's salary schedule and related workload
provisions, if any, adopted pursuant to RCW 28A.405.200. The rules may require
that, in order to be eligible for this benefit, a member's position must either
be included on the district's schedule, or the position must have duties,
responsibilities, and method of pay which are similar to those found on the
district's schedule.
(b) In
adopting rules which apply to a member employed by a community college district,
the department may consult the district's salary schedule and workload
provisions contained in an agreement negotiated pursuant to chapter 28B.52 RCW,
or similar documents. The rules may require that, in order to be eligible for
this benefit, a member's position must either be included on the district's
agreement, or the position must have duties, responsibilities, and method of
pay which are similar to those found on the district's agreement. The maximum
full-time work week used in calculating the benefit for community college
employees paid on an hourly rate shall in no case exceed fifteen credit hours,
twenty classroom contact hours, or thirty-five assigned hours.
(4) If
the legislature amends or revokes the benefit provided by this section, no affected
employee who thereafter retires is entitled to receive the benefit as a matter
of contractual right.
Sec.
19. RCW
41.32.555 and 1991 c 365 s 34 are each amended to read as follows:
Persons
who were under an annual half-time contract with an employer anytime during the
period of September 1, 1986, through August 31, 1987, shall be eligible for
benefits provided by RCW 41.32.550, as amended by chapter 365, Laws of 1991, effective
beginning the month following when they left service due to their disability
if during that period they were medically determined to be permanently disabled
for the performance of their duty.
A
member who qualifies for benefits under this section who has not begun
receiving benefits prior to the effective date of this act shall be permitted
to select a survivor option pursuant to RCW 41.32.530.
Sec.
20. RCW
41.32.812 and 1991 c 343 s 12 are each amended to read as follows:
The
department of retirement systems shall credit at least one-half service credit
month for each month of each school year, as defined by RCW 28A.150.040, from
October 1, 1977, through December 31, 1986, to a member of the teachers'
retirement system plan II who was employed by an employer, as defined by RCW
41.32.010(((12))), under a contract for half-time employment as
determined by the department for such school year and from whose compensation
contributions were paid by the employee or picked up by the employer. Any
withdrawn contributions shall be restored under RCW 41.32.500(1) prior to
crediting any service.
Sec.
21. RCW
41.50.133 and 1987 c 490 s 2 are each amended to read as follows:
(1)
The director of the department of retirement systems shall not recover from
surviving beneficiaries of members who died in service any pension overpayment
based on the application of section 2, chapter 96, Laws of 1979 ex. sess., nor
shall such benefits be reduced.
(2)
The director of the department of retirement systems shall not recover from
retirees any pension overpayments made between July 1, 1990, and February 1,
1992, based upon the application of RCW 41.40.198, 41.40.1981, 41.40.325,
41.32.485, 41.32.487, or 41.32.575 due to the incorrect calculation of the
"age sixty-five allowance" as this term is defined in RCW
41.32.575(1)(a) and 41.40.325(1)(a).
NEW
SECTION. Sec. 22. RCW
41.50.225 and 1991 c 35 s 50, 1984 c 236 s 2, 1982 1st ex.s. c 52 s 11, 1973
1st ex.s. c 189 s 8, & 1969 ex.s. c 150 s 12 are each repealed.
