S-0998.1          _______________________________________________

 

                                 SENATE BILL 5498

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Bluechel, Niemi, Patterson, Rinehart, Jesernig, Stratton, Bauer, Conner, Johnson, L. Smith and Roach.

 

Read first time February 4, 1991.  Referred to Committee on Higher Education.Eliminating mandatory retirement for employees of public institutions of higher education.


     AN ACT Relating to higher education retirement plans; amending RCW 28B.10.420; providing an effective date; and declaring an emergency.

 

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

 

     Sec. 1.  RCW 28B.10.420 and 1979 c 14 s 1 are each amended to read as follows:

     (1) Except as provided otherwise in subsection (2) of this section, faculty members or other employees designated by the boards of regents of the state universities, the boards of trustees of the regional universities or of The Evergreen State College, or the state board for community college education pursuant to RCW 28B.10.400 through 28B.10.420 as now or hereafter amended shall be retired from their employment with their institutions of higher education not later than the end of the academic year next following their seventieth birthday if their seventieth birthday occurs on or before June 30, 1991.  There shall be no mandatory retirement on condition of age for faculty or other designated employees after July 1, 1991.

     (2) As provided in this subsection, the board of regents of a state university, the board of trustees of a regional university or The Evergreen State College, or the state board for community college education may reemploy any person who is "retired" pursuant to ((subsection (1) of this section, who applies for reemployment and who has reached seventy years of age on or after July 1, 1970)) this chapter.  The following provisions shall govern such reemployment:

     (a) ((Prior to the reemployment, the board of regents, board of trustees, or state board shall have found that the person possesses outstanding qualifications which in the judgment of the board would permit the person to continue valuable service to the institution.

     (b))) The period of reemployment shall not be counted as service under, or result in any eligibility for benefits or increased benefits under, any state authorized or supported annuity or retirement income plan. Reemployment shall not result in the reemployed person or employer making any contributions to any such plan.

     (((c) No person may be reemployed on a full time basis if such person is receiving benefits under any state authorized or supported annuity or retirement income plan.  The reemployment of any person on a full time basis shall be immediately terminated upon the person's obtaining of any such benefits.

     (d))) (b) A person may be reemployed on a part time basis and receive or continue to receive any benefits for which such person is eligible under any state authorized or supported annuity or retirement income plan.  Such part time work, however, shall not exceed forty percent of full time employment during any year.

     (((e))) (c) A person reemployed pursuant to this section shall comply with all conditions of reemployment and all rules providing for the administration of this subsection which are prescribed or adopted by the board of regents, or board of trustees, or by the state board for community college education.

 

     NEW SECTION.  Sec. 2.      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 July 1, 1991.