AN
ACT Relating to conforming the Washington state retirement systems to federal
requirements on veterans; and amending RCW 41.04.005, 41.40.170, and 43.43.260.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.04.005 and 1999 c 65 s 1 are each amended to read as follows:
(1)
As used in RCW 41.04.005, 41.16.220, and 41.20.050 "veteran" includes
every person, who at the time he or she seeks the benefits of RCW 41.04.005,
41.04.010, 41.16.220, 41.20.050, 41.40.170, 73.04.110, or 73.08.080 has
received an honorable discharge or received a discharge for physical reasons
with an honorable record and who meets at least one of the following criteria:
(a)
The person has served between World War I and World War II or during any period
of war, as defined in subsection (2) of this section, as either:
(i)
A member in any branch of the armed forces of the United States;
(ii)
A member of the women's air forces service pilots;
(iii)
A U.S. documented merchant mariner with service aboard an oceangoing vessel
operated by the war shipping administration, the office of defense
transportation, or their agents, from December 7, 1941, to December 31, 1946;
or
(iv)
A civil service crewmember with service aboard a U.S. army transport service or
U.S. naval transportation service vessel in oceangoing service from December 7,
1941, to December 31, 1946; or
(b)
The person has received the armed forces expeditionary medal, or marine corps
and navy expeditionary medal, for opposed action on foreign soil, for service:
(i)
In any branch of the armed forces of the United States; or
(ii)
As a member of the women's air forces service pilots.
(2)
A "period of war" includes:
(a)
World War I;
(b)
World War II;
(c)
The Korean conflict;
(d)
The Vietnam era((, which was)) means:
(i)
The period beginning on February 28, 1961, and ending on May 7, 1975, in the
case of a veteran who served in the Republic of Vietnam during that period;
(ii)
The period beginning August 5, 1964, and ending on May 7, 1975;
(e)
The Persian Gulf War, which was the period beginning August 2, 1990, and ending
on the date prescribed by presidential proclamation or law;
(f)
The period beginning on the date of any future declaration of war by the
congress and ending on the date prescribed by presidential proclamation or
concurrent resolution of the congress; and
(g)
The following armed conflicts, if the participant was awarded the respective
campaign badge or medal: The crisis in Lebanon; the invasion of Grenada;
Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation
Uphold Democracy; and Bosnia, Operation Joint Endeavor.
Sec.
2. RCW
41.40.170 and 1991 c 35 s 78 are each amended to read as follows:
(1)
A member who has served or shall serve on active federal service in the
military or naval forces of the United States and who left or shall leave an
employer to enter such service shall be deemed to be on military leave of
absence if he or she has resumed or shall resume employment as an employee
within one year from termination thereof.
(2)
If he or she has applied or shall apply for reinstatement of employment, within
one year from termination of the military service, and is refused employment
for reasons beyond his or her control, he or she shall, upon resumption of
service within ten years have such service credited to him or her.
(3)
In any event, after completing twenty-five years of creditable service, any
member may have service in the armed forces credited to him or her as a member
whether or not he or she left the employ of an employer to enter the armed
service: PROVIDED, That in no instance, described in this section, shall
military service in excess of five years be credited: AND PROVIDED FURTHER,
That in each instance the member must restore all withdrawn accumulated
contributions, which restoration must be completed within five years of
membership service following the first resumption of employment or complete
twenty-five years of creditable service: AND PROVIDED FURTHER, That this
section will not apply to any individual, not a veteran within the meaning of
RCW 41.04.005((, as now or hereafter amended: AND PROVIDED FURTHER, That in
no instance, described in this section, shall military service be credited to
any member who is receiving full military retirement benefits pursuant to Title
10 United States Code)).
Sec.
3. RCW
43.43.260 and 2001 c 329 s 4 are each amended to read as follows:
Upon
retirement from service as provided in RCW 43.43.250, a member shall be granted
a retirement allowance which shall consist of:
(1)
A prior service allowance which shall be equal to two percent of the member's
average final salary multiplied by the number of years of prior service
rendered by the member.
(2)
A current service allowance which shall be equal to two percent of the member's
average final salary multiplied by the number of years of service rendered
while a member of the retirement system.
(3)(a)
Any member commissioned prior to January 1, 2003, with twenty-five years
service in the Washington state patrol may have the member's service in the
armed forces credited as a member whether or not the individual left the employ
of the Washington state patrol to enter such armed forces: PROVIDED, That in
no instance shall military service in excess of five years be credited: AND
PROVIDED FURTHER, That in each instance, a member must restore all withdrawn
accumulated contributions, which restoration must be completed on the date of
the member's retirement, or as provided under RCW 43.43.130, whichever occurs
first: AND PROVIDED FURTHER, That this section shall not apply to any
individual, not a veteran within the meaning of RCW 41.06.150((, as now or
hereafter amended: AND PROVIDED FURTHER, That in no instance shall military
service be credited to any member who is receiving full military retirement
benefits pursuant to Title 10 United States Code, as now or hereafter amended)).
(b)
A member who leaves the Washington state patrol to enter the armed forces of
the United States shall be entitled to retirement system service credit for up
to five years of military service. This subsection shall be administered in a
manner consistent with the requirements of the federal uniformed services
employment and reemployment rights act.
(i)
The member qualifies for service credit under this subsection if:
(A)
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
(B)
The member makes the employee contributions required under RCW 41.45.0631 and
41.45.067 within five years of resumption of service or prior to retirement,
whichever comes sooner; or
(C)
Prior to retirement and not within ninety days of the member's honorable
discharge or five years of resumption of service the member pays the amount
required under RCW 41.50.165(2).
(ii)
Upon receipt of member contributions under (b)(i)(B) of this subsection, the
department shall establish the member's service credit and shall bill the
employer for its contribution required under RCW 41.45.060 for the period of
military service, plus interest as determined by the department.
(iii)
The contributions required under (b)(i)(B) of this subsection shall be based on
the compensation the member would have earned if not on leave, or if that
cannot be estimated with reasonable certainty, the compensation reported for
the member in the year prior to when the member went on military leave.
(4)
In no event shall the total retirement benefits from subsections (1), (2), and
(3) of this section, of any member exceed seventy-five percent of the member's
average final salary.
(5)
Beginning July 1, 2001, and every year thereafter, the department shall
determine the following information for each retired member or beneficiary
whose retirement allowance has been in effect for at least one year:
(a)
The original dollar amount of the retirement allowance;
(b)
The index for the calendar year prior to the effective date of the retirement
allowance, to be known as "index A";
(c)
The index for the calendar year prior to the date of determination, to be known
as "index B"; and
(d)
The ratio obtained when index B is divided by index A.
The
value of the ratio obtained shall be the annual adjustment to the original
retirement allowance and shall be applied beginning with the July payment. In
no event, however, shall the annual adjustment:
(i)
Produce a retirement allowance which is lower than the original retirement
allowance;
(ii)
Exceed three percent in the initial annual adjustment; or
(iii)
Differ from the previous year's annual adjustment by more than three percent.
For
the purposes of this section, "index" means, for any calendar year,
that year's average consumer price index for the Seattle-Tacoma-Bremerton
Washington area for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States department of labor.
The
provisions of this section shall apply to all members presently retired and to
all members who shall retire in the future.
