S-1871.1 _______________________________________________
SUBSTITUTE SENATE BILL 5092
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators Roach, Snyder, Stratton, Amondson, L. Kreidler, McCaslin, Erwin, Newhouse, Niemi, Sellar, Craswell, Gaspard, Hayner, Skratek, L. Smith, Talmadge, Oke, Bauer, Rasmussen, Thorsness, Johnson, Wojahn, Cantu and West).
Read first time March 6, 1991.
AN ACT Relating to employee benefits while on active duty during operation Desert Shield; adding a new section to chapter 28A.400 RCW; adding new sections to chapter 41.04 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 28A.400 RCW to read as follows:
(1) If an employee of a school district or an educational service district is activated from either federal military reserve service or state militia service to active military service due to the situation known as "Desert Shield," "Desert Storm," or any operation following from these, from August 2, 1990, to a date specified by an agency of the federal government as the end of such operation, such employee's dependents shall be entitled to the same health care and other insurance in which such employee was enrolled immediately prior to being placed on active duty. This continuation of coverage shall continue until either:
(a) The employee is either released or discharged from active duty; or
(b) Six months after the employee is killed in the line of duty unless the surviving spouse or dependent has a prior right to continue such coverage by law or contract.
(2) The premium cost, if any, of such health care and other insurance programs to the spouse and/or dependents shall be the same as the premium that would have been required of the employee had he or she remained in the employ of the school or educational service district.
NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:
(1) If an employee of the state, county, municipality, or other political subdivision is activated from either federal military reserve service or state militia service to active military service due to the situation known as "Desert Shield," "Desert Storm," or any operation following from these, from August 2, 1990, to a date specified by an agency of the federal government as the end of such operation, such employee's dependents shall be entitled to the same health care and other insurance in which such employee was enrolled immediately prior to being placed on active duty. This continuation of coverage shall continue until either:
(a) The employee is either released or discharged from active duty; or
(b) Six months after the employee is killed in the line of duty unless the surviving spouse or dependent has a prior right to continue such coverage by law or contract.
(2) The premium cost, if any, of such health care and other insurance programs to the spouse and/or dependents shall be the same as the premium that would have been required of the employee had he or she remained in the employ of the employer.
NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:
(1) A member of any of the retirement systems listed in RCW 41.50.030 or those authorized under RCW 28B.10.400 whose public service is interrupted by activation from federal military reserve or state militia service to active military service due to the situation known as "Desert Shield," "Desert Storm," or any operation following from these, from August 2, 1990, to a date specified by an agency of the federal government as the end of such operation, shall be considered as continuing his or her membership as though still in the employ of the employer.
(2) A member who qualifies under subsection (1) of this section shall receive service credit from the retirement system that he or she was a member of prior to military activation for the period of such activation if he or she:
(a) Enters employment by an employer, as defined by the respective retirement system, within one year of discharge from active service as described in subsection (1) of this section; and
(b) Applies to such employer for payment of retirement contributions to the department of retirement systems or the institution of higher education or community college under subsection (4) of this section within one year of such entering employment or one year of the effective date of this act.
(3) The employer required to pay the contributions specified in subsection (4) of this section shall be the employer of the member prior to activation.
(4) Upon receipt of an employee application under subsection (2) of this section or notification by the current employer, the responsible employer shall pay the necessary required retirement contributions to the department of retirement systems or the institution of higher education or community college. The necessary required contributions include the employee contribution as well as the employer contributions. The contributions shall be based on the salary being paid to the member at the time of entering active service incremented by either:
(a) Any subsequent general salary increase; or
(b) A negotiated salary increase.
(5) The department of retirement systems or the institution of higher education or community college shall treat the salary that the contributions are based on as compensation utilized in determining the final average salary, however it may be defined, in the normal retirement benefit or supplemental amount.
(6) Service shall be credited to the appropriate retirement system upon payment of the contributions to the member's account by the employer under this section.
NEW SECTION. Sec. 4. 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.