AN
ACT Relating to educational service districts; amending RCW 28A.400.240; and
reenacting and amending RCW 28A.400.350.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.400.240 and 1975 1st ex.s. c 205 s 1 are each amended to read as follows:
In
addition to any other powers and duties, any school district or educational
service district may contract with any classified or certificated employee
to defer a portion of that employee's income, which deferred portion shall in
no event exceed the appropriate internal revenue service exclusion allowance
for such plans, and shall subsequently with the consent of the employee,
deposit or invest in a credit union, savings and loan association, bank, mutual
savings bank, or purchase life insurance, shares of an investment company, or a
fixed and/or variable annuity contract, for the purpose of funding a deferred
compensation program for the employee, from any life underwriter or registered
representative duly licensed by this state who represents an insurance company
or an investment company licensed to contract business in this state. In no
event shall the total investments or payments, and the employee's nondeferred
income for any year exceed the total annual salary, or compensation under the
existing salary schedule or classification plan applicable to such employee in
such year. Any income deferred under such a plan shall continue to be included
as regular compensation, for the purpose of computing the retirement and
pension benefits earned by any employee, but any sum so deducted shall not be
included in the computation of any taxes withheld on behalf of any such
employee.
Sec.
2. RCW
28A.400.350 and 1995 1st sp.s. c 6 s 18 and 1995 c 126 s 1 are each reenacted
and amended to read as follows:
(1)
The board of directors of any of the state's school districts or educational
service districts may make available liability, life, health, health care,
accident, disability and salary protection or insurance or any one of, or a
combination of the enumerated types of insurance, or any other type of
insurance or protection, for the members of the boards of directors, the
students, and employees of the school district or educational service
district, and their dependents. Such coverage may be provided by contracts
with private carriers, with the state health care authority after July 1, 1990,
pursuant to the approval of the authority administrator, or through
self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other
manner authorized by law.
(2)
Whenever funds are available for these purposes the board of directors of the
school district or educational service district may contribute all or a
part of the cost of such protection or insurance for the employees of their
respective school districts or educational service districts and their
dependents. The premiums on such liability insurance shall be borne by the
school district or educational service district.
After
October 1, 1990, school districts may not contribute to any employee protection
or insurance other than liability insurance unless the district's employee
benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
(3)
For school board members, educational service district board members,
and students, the premiums due on such protection or insurance shall be borne
by the assenting school board member, educational service district board
member, or student. The school district or educational service district
may contribute all or part of the costs, including the premiums, of life,
health, health care, accident or disability insurance which shall be offered to
all students participating in interschool activities on the behalf of or as
representative of their school ((or)), school district, or
educational service district. The school district board of directors and
the educational service district board may require any student
participating in extracurricular interschool activities to, as a condition of
participation, document evidence of insurance or purchase insurance that will
provide adequate coverage, as determined by the school district board of
directors or the educational service district board, for medical
expenses incurred as a result of injury sustained while participating in the
extracurricular activity. In establishing such a requirement, the district
shall adopt regulations for waiving or reducing the premiums of such coverage
as may be offered through the school district or educational service
district to students participating in extracurricular activities, for those
students whose families, by reason of their low income, would have difficulty
paying the entire amount of such insurance premiums. The district board shall
adopt regulations for waiving or reducing the insurance coverage requirements
for low-income students in order to assure such students are not prohibited
from participating in extracurricular interschool activities.
(4)
All contracts for insurance or protection written to take advantage of the
provisions of this section shall provide that the beneficiaries of such
contracts may utilize on an equal participation basis the services of those
practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and
18.71 RCW.
