S-1458.1  _______________________________________________

                         SENATE BILL 5994

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators West, Moyer, Deccio, Hochstatter, Oke, Finkbeiner, Palmer, Winsley, Johnson, Schow, Hale and Strannigan

Read first time 02/21/95.  Referred to Committee on Ways & Means.

Restricting the state employee attendance incentive program.

    AN ACT Relating to the state employee attendance incentive program; amending RCW 41.04.340; and providing an effective date.

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

    Sec. 1.  RCW 41.04.340 and 1993 c 281 s 17 are each amended to read as follows:

    (1) An attendance incentive program is established for all eligible employees.

(2) As used in this section, the term "eligible employee" means any employee of the state, other than teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained, if the employee either:

(a) Has been in continuous state employment since September 1, 1995; or

(b) Is employed in a job classification, as designated by each agency director, for which, in the case of the employee's absence from work, the agency would incur direct additional personnel costs to ensure the performance of the employee's official duties.  The department of personnel shall adopt rules establishing criteria for the designation of job classifications under this subsection.  Each agency director shall file with the department of personnel the job classifications designated under this subsection.

(3) No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month.  The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.

    (((2))) (4) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days.  Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.  For eligible employees under subsection (2)(b) of this section, remuneration may be paid only for sick leave accrued during those months of the previous year while occupying an eligible job classification.

    (((3))) (5) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave.

    (((4))) (6) Pursuant to this subsection, in lieu of cash remuneration the state may, with equivalent funds, provide eligible employees with a benefit plan providing for reimbursement of medical expenses.  The committee for deferred compensation shall develop any benefit plan established under this subsection, but may offer and administer the plan only if (a) each eligible employee has the option of whether to receive cash remuneration or to have his or her employer transfer equivalent funds to the plan; and (b) the committee has received an opinion from the United States internal revenue service stating that participating employees, prior to the time of receiving reimbursement for expenses, will incur no United States income tax liability on the amount of the equivalent funds transferred to the plan.

    (((5))) (7) Remuneration or benefits received under this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

    (((6))) (8) With the exception of subsection (((4))) (6) of this section, this section shall be administered, and rules shall be adopted to carry out its purposes, by the Washington personnel resources board for persons subject to chapter 41.06 RCW:  PROVIDED, That determination of classes of eligible employees shall be subject to approval by the office of financial management.  In January of each year, each agency of the state shall provide written notification of the benefits available under this section to the eligible employees of the agency.

    (((7))) (9) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.

NEW SECTION. Sec. 2.  This act shall take effect September 1, 1995.

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