_______________________________________________
SENATE
BILL 6378
_______________________________________________
Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2002 Regular Session
By
Read
first time 01/16/2002. Referred to Committee on Ways & Means.
Authorizing part-time leaves of absence for law
enforcement members of the law enforcement officers' and fire fighters'
retirement system plan 2.
AN
ACT Relating to part-time leaves of absence for law enforcement members of the
law enforcement officers' and fire fighters' retirement system plan 2; and
amending RCW 41.26.520.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.26.520 and 2000 c 247 s 1105 are each amended to read as follows:
(1)
A member who is on a paid leave of absence authorized by a member's employer
shall continue to receive service credit as provided for under the provisions
of RCW 41.26.410 through 41.26.550.
(2)
A member who receives compensation from an employer while on an authorized
leave of absence to serve as an elected official of a labor organization, and
whose employer is reimbursed by the labor organization for the compensation
paid to the member during the period of absence, may also be considered to be
on a paid leave of absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining agreement that
provides that the member retains seniority rights with the employer during the
period of leave. The basic salary reported for a member who establishes
service credit under this subsection may not be greater than the salary paid to
the highest paid job class covered by the collective bargaining agreement.
(3)
Except as specified in subsection (((6))) (7) of this section, a
member shall be eligible to receive a maximum of two years service credit
during a member's entire working career for those periods when a member is on
an unpaid leave of absence authorized by an employer. Such credit may be
obtained only if the member makes the employer, member, and state contributions
plus interest as determined by the department for the period of the authorized
leave of absence within five years of resumption of service or prior to
retirement whichever comes sooner.
(4)
A law enforcement member may be authorized by an employer to work part time
and to go on a part-time leave of absence. During a part-time leave of absence
a member is prohibited from any other employment with their employer. A member
is eligible to receive credit for any portion of service credit not earned
during a month of part-time leave of absence if the member makes the employer,
member, and state contributions, plus interest, as determined by the department
for the period of the authorized leave within five years of resumption of
full-time service or prior to retirement whichever comes sooner. Any service
credit purchased for a part-time leave of absence is included in the two-year
maximum provided in subsection (3) of this section.
(5)
If a member fails to meet the time limitations of subsection (3) or (4)
of this section, the member may receive a maximum of two years of service
credit during a member's working career for those periods when a member is on
unpaid leave of absence authorized by an employer. This may be done by paying
the amount required under RCW 41.50.165(2) prior to retirement.
(((5)))
(6) For the purpose of subsection (3) or (4) of this section the
contribution shall not include the contribution for the unfunded supplemental
present value as required by RCW 41.45.060, 41.45.061, and 41.45.067. The
contributions required shall be based on the average of the member's basic
salary at both the time the authorized leave of absence was granted and the
time the member resumed employment.
(((6)))
(7) A member who leaves the employ of an employer 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.
(a)
The member qualifies for service credit under this subsection if:
(i)
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
(ii)
The member makes the employee contributions required under RCW 41.45.060,
41.45.061, and 41.45.067 within five years of resumption of service or prior to
retirement, whichever comes sooner; or
(iii)
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).
(b)
Upon receipt of member contributions under (a)(ii) of this subsection, the
department shall establish the member's service credit and shall bill the
employer and the state for their respective contributions required under RCW
41.26.450 for the period of military service, plus interest as determined by
the department.
(c)
The contributions required under (a)(ii) 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.
(((7)))
(8) A member receiving benefits under Title 51 RCW who is not receiving
benefits under this chapter shall be deemed to be on unpaid, authorized leave
of absence.
