BILL REQ. #:  S-2125.2 

Read first time 02/27/2007.   Referred to Committee on Ways & Means.

     AN ACT Relating to service credit under the teachers' retirement system plan 1 for military service; and amending RCW 41.32.260.

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

Sec. 1   RCW 41.32.260 and 2005 c 64 s 6 are each amended to read as follows:
     Any member whose public school service is interrupted by active service to the United States as a member of its uniformed services, or to the state of Washington, as a member of the legislature, may upon becoming reemployed in the public schools, receive credit for that service upon presenting satisfactory proof, and contributing to the member reserve, either in a lump sum or installments, amounts determined by the director. Except that no military service credit in excess of five years shall be established or reestablished after July 1, 1961, unless the service was actually rendered during time of war. This section shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
     (1) 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;
     (b) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death; and
     (c) Pays the employee contributions required under chapter 41.45 RCW within five years of the date of death or prior to the distribution of any benefit, whichever comes first.
     (2) 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;
     (b) The member provides to the director proof of honorable discharge from the uniformed services; and
     (c) The member pays the employee contributions required under chapter 41.45 RCW within five years of the director's determination of total disability or prior to the distribution of any benefit, whichever comes first.
     (3)(a) After completing twenty-five years of creditable service, any member may have service in the armed forces that was performed prior to membership in the retirement system credited to him or her as a member. However, the total number of years of military service credit from all sources, as authorized by any statute, may not exceed five years. The member shall pay one-half of the actuarially equivalent value of the increase in the member's benefit resulting from the request for crediting of military service under this subsection, as determined by the director. This payment must be made prior to retirement.
     (b) This section does not apply to any individual, not a veteran within the meaning of RCW 41.04.005.