BILL REQ. #: S-0352.1

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SENATE BILL 5522
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State of Washington

59th Legislature

2005 Regular Session

By Senators Franklin, Weinstein, Keiser, Kastama, Zarelli, Rasmussen, Hewitt, Kline, Schmidt and Rockefeller

Read first time 01/26/2005. Referred to Committee on Ways & Means.

AN ACT Relating to purchasing service credit lost due to injury; and adding a new section to chapter 41.40 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 41.40 RCW under the subchapter heading "provisions applicable to plan 1, plan 2, and plan 3" to read as follows:
     (1) A member who is injured while acting in the course of employment, is unable to work in an eligible position, and is receiving a benefit under Title 51 RCW may purchase lost service credit under this section.
     (2) A member under subsection (1) of this section is entitled to retirement system service credit for up to two years.
     (a) The member qualifies for service credit under this subsection if:
     (i) Within ninety days of when the member is able to return to work and benefits under Title 51 RCW have ceased, the member applies for reemployment with the employer who employed the member immediately prior to the member incurring injury; and
     (ii) The member makes the required employee contributions within five years of resumption of service in any eligible position or prior to retirement, whichever comes sooner; or
     (iii) Prior to retirement and not within ninety days of the date under (a)(i) of this subsection 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 at the time of the injury for its contribution for the period of lost service credit, 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 injured, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the injury occurred.

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