Z‑0538.1   _____________________________________________

 

HOUSE BILL 1475

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Jackley and Talcott; by request of Governor Locke and Superintendent of Public Instruction

 

Read first time 01/26/2001.  Referred to Committee on Appropriations.

_1      AN ACT Relating to the limits on postretirement employment for

_2  teachers' retirement system plan 1 and public employees'

_3  retirement system plan 1 retirees; and amending RCW 41.32.570 and

_4  41.40.037.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      Sec. 1.  RCW 41.32.570 and 1999 c 387 s 1 are each amended to read

_7  as follows:

_8      (((1)(a) If a retiree enters employment with an employer sooner

_9  than one calendar month after his or her accrual date, the

10  retiree's monthly retirement allowance will be reduced by five and

11  one-half percent for every seven hours worked during that month.

12  This reduction will be applied each month until the retiree

13  remains absent from employment with an employer for one full

14  calendar month.

15      (b) The benefit reduction provided in (a) of this subsection

16  will accrue for a maximum of one hundred forty hours per month.

17  Any monthly benefit reduction over one hundred percent will be

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_1  applied to the benefit the retiree is eligible to receive in

_2  subsequent months.

_3      (2))) Any retired teacher or retired administrator who enters

_4  service in any public educational institution in Washington state

_5  ((and who has satisfied the break in employment requirement of

_6  subsection (1) of this section)) shall ((cease)) continue to

_7  receive pension payments while engaged in such service((:  PROVIDED,

_8  That service may be rendered up to five hundred twenty- five hours

_9  per school year)) without reduction of pension.

10      (((3) In addition to the five hundred twenty-five hours of

11  service permitted under subsection (2) of this section, a retired

12  teacher or retired administrator may also serve only as a

13  substitute teacher for up to an additional three hundred fifteen

14  hours per school year without reduction of pension if:

15      (a) A school district, which is not a member of a multidistrict

16  substitute cooperative, determines that it has exhausted or can

17  reasonably anticipate that it will exhaust its list of qualified

18  and available substitutes and the school board of the district

19  adopts a resolution to make its substitute teachers who are

20  retired teachers or retired administrators eligible for the

21  extended service once the list of qualified and available

22  substitutes has been exhausted.  The resolution by the school

23  district shall state that the services of retired teachers and

24  retired administrators are necessary to address the shortage of

25  qualified and available substitutes.  The resolution shall be valid

26  only for the school year in which it is adopted.  The district shall

27  forward a copy of the resolution with a list of retired teachers

28  and retired administrators who have been employed as substitute

29  teachers to the department and may notify the retired teachers and

30  retired administrators included on the list of their right to take

31  advantage of the provisions of this subsection; or

32      (b) A multidistrict substitute cooperative determines that the

33  school districts have exhausted or can reasonably anticipate that

34  they will exhaust their list of qualified and available

35  substitutes and each of the school boards adopts a resolution to

36  make their substitute teachers who are retired teachers or retired

37  administrators eligible for the extended service once the list of

38  qualified and available substitutes has been exhausted.  The

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_1  resolutions by each of the school districts shall state that the

_2  services of retired teachers and retired administrators are

_3  necessary to address the shortage of qualified and available

_4  substitutes.  The resolutions shall be valid only for the school

_5  year in which they are adopted.  The cooperative shall forward a

_6  copy of the resolutions with a list of retired teachers and

_7  retired administrators who have been employed as substitute

_8  teachers to the department and may notify the retired teachers and

_9  retired administrators included on the list of their right to take

10  advantage of the provisions of this subsection.

11      (4) In addition to the five hundred twenty-five hours of

12  service permitted under subsection (2) of this section, a retired

13  administrator or retired teacher may also serve as a substitute

14  administrator up to an additional one hundred five hours per

15  school year without reduction of pension if a school district

16  board of directors adopts a resolution declaring that the services

17  of a retired administrator or retired teacher are necessary

18  because it cannot find a replacement administrator to fill a

19  vacancy.  The resolution shall be valid only for the school year in

20  which it is adopted.  The district shall forward a copy of the

21  resolution with the name of the retired administrator or retired

22  teacher who has been employed as a substitute administrator to the

23  department.

24      (5) In addition to the five hundred twenty-five hours of

25  service permitted under subsection (2) of this section and the one

26  hundred five hours permitted under subsection (4) of this section,

27  a retired principal may also serve as a substitute principal up to

28  an additional two hundred ten hours per school year without a

29  reduction of pension if a school district board of directors

30  adopts a resolution declaring that the services of a retired

31  principal are necessary because it cannot find a replacement

32  principal to fill a vacancy.  The resolution shall be valid only for

33  the school year in which it is adopted.  The district shall forward

34  a copy of the resolution with the name of the retired principal

35  who has been employed as a substitute principal to the department.

36      (6) Subsection (2) of this section shall apply to all persons

37  governed by the provisions of plan 1, regardless of the date of

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_1  their retirement, but shall apply only to benefits payable after

_2  June 11, 1986.

_3      (7) Subsection (3) of this section shall apply to all persons

_4  governed by the provisions of plan 1, regardless of the date of

_5  their retirement, but shall only apply to benefits payable after

_6  September 1, 1994.))

     

_7      Sec. 2.  RCW 41.40.037 and 1997 c 254 s 14 are each amended to read

_8  as follows:

_9      (1)(a) If a retiree enters employment with an employer sooner

10  than one calendar month after his or her accrual date, the

11  retiree's monthly retirement allowance will be reduced by five and

12  one-half percent for every eight hours worked during that month.

13  This reduction will be applied each month until the retiree

14  remains absent from employment with an employer for one full

15  calendar month.

16      (b) The benefit reduction provided in (a) of this subsection

17  will accrue for a maximum of one hundred sixty hours per month.

18  Any benefit reduction over one hundred percent will be applied to

19  the benefit the retiree is eligible to receive in subsequent

20  months.

21      (2)(a) A retiree from plan 1 who enters employment with an

22  employer shall continue to receive pension payments while engaged

23  in such service without reduction of pension.

24      (b) A retiree from plan 2 or plan 3 who has satisfied the break

25  in employment requirement of subsection (1) of this section((,))

26  may work up to five months per calendar year in an eligible

27  position without suspension of his or her benefit.

28      (3) If the retiree opts to reestablish membership under RCW

29  41.40.023(12), he or she terminates his or her retirement status

30  and becomes a member.  Retirement benefits shall not accrue during

31  the period of membership and the individual shall make

32  contributions and receive membership credit.  Such a member shall

33  have the right to again retire if eligible in accordance with RCW

34  41.40.180.  However, if the right to retire is exercised to become

35  effective before the member has rendered two uninterrupted years

36  of service, the retirement formula and survivor options the member

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_1  had at the time of the member's previous retirement shall be

_2  reinstated.

 

‑‑‑ END ‑‑‑

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