AN ACT
Relating to employee benefits while on active duty during operation Desert
Shield; amending RCW 41.26.520, 41.32.810, and 41.40.710; creating a new
section; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 applies for reemployment with 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 member left the employ of the employer to enter the
armed forces 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 applies for reemployment with 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 member left the employ of the
employer to enter the armed forces 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 applies for reemployment with 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 member left the employ of the
employer to enter the armed forces 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.
