BILL REQ. #:  H-4508.1 

Read first time 01/26/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to military service; amending RCW 38.40.110; and reenacting and amending RCW 41.40.170.

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

Sec. 1   RCW 41.40.170 and 2005 c 247 s 2 and 2005 c 64 s 1 are each reenacted and 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)) in the uniformed services, as defined in RCW 73.16.031, 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)) and shall receive service credit for such military leave of absence. This service credit shall be terminated if the member receives a dishonorable or bad conduct discharge, or is separated under other than honorable conditions, or is dismissed from the service as permitted under section 1161(a) of Title 10 U.S.C., or is dropped from the rolls pursuant to section 1161(b) of Title 10 U.S.C.
     (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service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance the member must restore all withdrawn accumulated contributions, which restoration must be completed within five years of membership service following the first resumption of employment or complete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.
     (4)(a) A member, after completing twenty-five years of creditable service, who would have otherwise become eligible for a retirement benefit as defined under this chapter while serving honorably in the armed forces as referenced in RCW 41.04.005, shall, upon application to the department, be eligible to receive credit for this service without returning to covered employment.
     (b) Service credit granted under (a) of this subsection applies only to veterans as defined in RCW 41.40.005.
     (5) The surviving spouse or eligible child or children of a member who left the employ of an employer to enter the uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or eligible child or children:
     (a) Provides to the director proof of the member's death while serving in the uniformed services; and
     (b) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death.
     (6) A member who leaves the employ of an employer to enter the uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the uniformed services if:
     (a) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the uniformed services; and
     (b) The member provides to the director proof of honorable discharge from the uniformed services.

Sec. 2   RCW 38.40.110 and 1991 c 43 s 9 are each amended to read as follows:
     No club, society, association, corporation, employer, or organization shall by any constitution, rule, bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any member of the organized militia of Washington because of his or her membership in said organized militia. No club, society, association, corporation, employer, or organization shall inquire about a person's membership in the organized militia of this or any other state, territory, or commonwealth, or membership in the uniformed services, unless such membership or former membership is a condition of employment, or the employer has a formal written policy of providing preference in hiring to veterans or current members of the uniformed services, or unless such membership or former membership is a requirement for membership in the club, society, association, or organization. Any person or persons, club, society, association, employer, corporation, or organization, violating or aiding, abetting, or assisting in the violation of any provision of this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred dollars and in addition thereto shall forfeit the right to do business for a period of thirty days. Any person who has been discriminated against in violation of this section shall have a civil cause of action for damages.