BILL REQ. #: H-0210.2
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/20/11. Referred to Committee on Ways & Means.
AN ACT Relating to interagency agreements between the Washington state patrol and the Washington state department of transportation and other government entities for police services for projects involving state highway routes and public safety services; and amending RCW 43.43.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.43.120 and 2010 1st sp.s. c 32 s 9 are each amended
to read as follows:
As used in this section and RCW 43.43.130 through 43.43.320, unless
a different meaning is plainly required by the context:
(1) "Actuarial equivalent" shall mean a benefit of equal value when
computed upon the basis of such mortality table as may be adopted and
such interest rate as may be determined by the director.
(2) "Annual increase" means as of July 1, 1999, seventy-seven cents
per month per year of service which amount shall be increased each
subsequent July 1st by three percent, rounded to the nearest cent.
(3)(a) "Average final salary," for members commissioned prior to
January 1, 2003, shall mean the average monthly salary received by a
member during the member's last two years of service or any consecutive
two-year period of service, whichever is the greater, as an employee of
the Washington state patrol; or if the member has less than two years
of service, then the average monthly salary received by the member
during the member's total years of service.
(b) "Average final salary," for members commissioned on or after
January 1, 2003, shall mean the average monthly salary received by a
member for the highest consecutive sixty service credit months; or if
the member has less than sixty months of service, then the average
monthly salary received by the member during the member's total months
of service.
(c) In calculating average final salary under (a) or (b) of this
subsection, the department of retirement systems shall include any
compensation forgone by the member during the 2009-2011 fiscal biennium
as a result of reduced work hours, mandatory or voluntary leave without
pay, or temporary layoffs if the reduced compensation is an integral
part of the employer's expenditure reduction efforts, as certified by
the chief.
(4) "Beneficiary" means any person in receipt of retirement
allowance or any other benefit allowed by this chapter.
(5)(a) "Cadet," for a person who became a member of the retirement
system after June 12, 1980, is a person who has passed the Washington
state patrol's entry-level oral, written, physical performance, and
background examinations and is, thereby, appointed by the chief as a
candidate to be a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the retirement
system before June 12, 1980, is a trooper cadet, patrol cadet, or
employee of like classification, employed for the express purpose of
receiving the on-the-job training required for attendance at the state
patrol academy and for becoming a commissioned trooper. "Like
classification" includes: Radio operators or dispatchers; persons
providing security for the governor or legislature; patrol officers;
drivers' license examiners; weighmasters; vehicle safety inspectors;
central wireless operators; and warehouse workers.
(6) "Contributions" means the deduction from the compensation of
each member in accordance with the contribution rates established under
chapter 41.45 RCW.
(7) "Current service" shall mean all service as a member rendered
on or after August 1, 1947.
(8) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(9) "Director" means the director of the department of retirement
systems.
(10) "Domestic partners" means two adults who have registered as
domestic partners under RCW 26.60.040.
(11) "Employee" means any commissioned employee of the Washington
state patrol.
(12) "Insurance commissioner" means the insurance commissioner of
the state of Washington.
(13) "Lieutenant governor" means the lieutenant governor of the
state of Washington.
(14) "Member" means any person included in the membership of the
retirement fund.
(15) "Plan 2" means the Washington state patrol retirement system
plan 2, providing the benefits and funding provisions covering
commissioned employees who first become members of the system on or
after January 1, 2003.
(16) "Prior service" shall mean all services rendered by a member
to the state of Washington, or any of its political subdivisions prior
to August 1, 1947, unless such service has been credited in another
public retirement or pension system operating in the state of
Washington.
(17) "Regular interest" means interest compounded annually at such
rates as may be determined by the director.
(18) "Retirement board" means the board provided for in this
chapter.
(19) "Retirement fund" means the Washington state patrol retirement
fund.
(20) "Retirement system" means the Washington state patrol
retirement system.
(21)(a) "Salary," for members commissioned prior to July 1, 2001,
shall exclude any overtime earnings related to RCW 47.46.040, or any
voluntary overtime, earned on or after July 1, 2001. Any overtime
compensation earned on or after July 1, 2011, related to RCW 47.46.040
and any volunteer overtime compensation earned related to interagency
agreements for state patrol services shall be considered "salary" for
the purposes of this section provided that the contributions required
in this chapter are deducted from the compensation.
(b) "Salary," for members commissioned on or after July 1, 2001,
shall exclude any overtime earnings related to RCW 47.46.040 or any
voluntary overtime, lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual leave, holiday
pay, or any form of severance pay. Any overtime compensation earned on
or after July 1, 2011, related to RCW 47.46.040 and any volunteer
overtime compensation earned related to interagency agreements for
state patrol services shall be considered "salary" for the purposes of
this section provided that the contributions required in this chapter
are deducted from the compensation.
(22) "Service" shall mean services rendered to the state of
Washington or any political subdivisions thereof for which compensation
has been paid. Full time employment for seventy or more hours in any
given calendar month shall constitute one month of service. An
employee who is reinstated in accordance with RCW 43.43.110 shall
suffer no loss of service for the period reinstated subject to the
contribution requirements of this chapter. Only months of service
shall be counted in the computation of any retirement allowance or
other benefit provided for herein. Years of service shall be
determined by dividing the total number of months of service by twelve.
Any fraction of a year of service as so determined shall be taken into
account in the computation of such retirement allowance or benefit.
(23) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(24) "State treasurer" means the treasurer of the state of
Washington.
Unless the context expressly indicates otherwise, words importing
the masculine gender shall be extended to include the feminine gender
and words importing the feminine gender shall be extended to include
the masculine gender.