BP BHEAD INT H

AN ACT Relating to early retirement benefits; reenacting and amending RCW 43.01.170 and 28A.400.212; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) Subject to subsection (2) of this section, in addition to members eligible to retire under RCW 41.40.180, any member of the public employees' retirement system plan I who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:

(a) The member is employed by an employer in an eligible position on March 1, 1995; and

(b) The member has, by December 31, 1995: (i) Attained the age of fifty-five years and completed five service credit years of service; (ii) completed twenty-five service credit years of service; or (iii) attained the age of fifty years and completed twenty service credit years of service.

(2) A member who wishes to apply for retirement under subsection (1) of this section must submit the required employer notification and department application form no later than August 31, 1995, setting forth that the member shall be retired no later than December 31, 1995. A member must submit the required employer notification six weeks prior to the date of retirement.

NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 41.40 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION. Sec. 3. (1) Subject to subsection (2) of this section, in addition to members eligible to retire under RCW 41.32.480, any member of the teachers' retirement system plan I who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:

(a) The member is employed by an employer on March 1, 1995, and is not a substitute teacher; and

(2) A member who wishes to apply for retirement under subsection (1) of this section must submit the required notification and application form no later than August 31, 1995, setting forth that the member shall be retired no later than December 31, 1995. A member must submit the required employer notification six weeks prior to the date of retirement.

NEW SECTION. Sec. 4. Section 3 of this act is added to chapter 41.32 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION. Sec. 5. In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no state agency may engage through personal service contracts persons who retire from service under the provisions of this act. Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the proposed contract is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the agency and division or department requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire June 30, 1997.

NEW SECTION. Sec. 6. Section 5 of this act is added to chapter 39.29 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION. Sec. 7. In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no board of directors of a school district or educational service district may engage through personal service contracts persons who retire from service under the provisions of this act. Exceptions to this section may be granted by written approval from the superintendent of public instruction if the superintendent finds that the proposed contract is necessary to protect student safety, protect against the loss of school district certification or loss of federal funds, or carry out functions so essential to the district that even temporary suspension or delay of services would have a significant negative impact on students. At the end of each three-month period in which exceptions are approved, the superintendent shall forward a copy of any approvals, together with justification for the exceptions, to the office of financial management and the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the district requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire August 31, 1997.

NEW SECTION. Sec. 8. Section 7 of this act is added to chapter 28A.400 RCW, but because of its temporary nature, shall not be codified.

Sec. 9. RCW 43.01.170 and 1993 c 519 s 13, 1993 c 281 s 44, and 1993 c 86 s 7 are each reenacted and amended to read as follows:

In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992, chapter 86, Laws of 1993, ((~~and~~)) chapter 519, Laws of 1993, and chapter . . ., Laws of 1995 (this act), no state agency may hire persons who retire from service under the provisions of chapter 234, Laws of 1992, ((~~and~~)) chapter 86, Laws of 1993, ((or)) chapter 519, Laws of 1993, or chapter . . ., Laws of 1995 (this act), as temporary or project employees, as defined by the Washington personnel resources board for employees covered under chapter 41.06 RCW, and by the employer for persons ((~~not covered under chapter 28B.16 RCW~~)) who are employed by institutions of higher education or community or technical colleges. Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the temporary or project employment of a retiree is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the temporary or project employee, the agency and division or department requesting the employment, duration and cost of the proposed employment, and specific functions and duties to be carried out during the employment. This section shall expire June 30, ((~~1995~~)) 1997.

Sec. 10. RCW 28A.400.212 and 1993 c 519 s 14 and 1993 c 86 s 8 are each reenacted and amended to read as follows:

An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, ((or)) section 4 or 6, chapter 519, Laws of 1993, or section 1 or 3, chapter . . ., Laws of 1995 (section 1 or 3 of this act), shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, ((or)) section 4 or 6, chapter 519, Laws of 1993, or section 1 or 3, chapter . . ., Laws of 1995 (section 1 or 3 of this act).

NEW SECTION. Sec. 11. 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.