BILL REQ. #: H-1260.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/02/11. Referred to Committee on Ways & Means.
AN ACT Relating to school district employees' reduced compensation; amending RCW 41.35.010; reenacting and amending RCW 41.32.010; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.32.010 and 2010 2nd sp.s. c 1 s 904 are each
reenacted and amended to read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1)(a) "Accumulated contributions" for plan 1 members, means the
sum of all regular annuity contributions and, except for the purpose of
withdrawal at the time of retirement, any amount paid under RCW
41.50.165(2) with regular interest thereon.
(b) "Accumulated contributions" for plan 2 members, means the sum
of all contributions standing to the credit of a member in the member's
individual account, including any amount paid under RCW 41.50.165(2),
together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality tables and regulations as
shall be adopted by the director and regular interest.
(3) "Adjustment ratio" means the value of index A divided by index
B.
(4) "Annual increase" means, initially, fifty-nine cents per month
per year of service which amount shall be increased each July 1st by
three percent, rounded to the nearest cent.
(5) "Annuity" means the moneys payable per year during life by
reason of accumulated contributions of a member.
(6) "Average final compensation" for plan 2 and plan 3 members,
means the member's average earnable compensation of the highest
consecutive sixty service credit months prior to such member's
retirement, termination, or death. Periods constituting authorized
leaves of absence may not be used in the calculation of average final
compensation except under RCW 41.32.810(2).
(7)(a) "Beneficiary" for plan 1 members, means any person in
receipt of a retirement allowance or other benefit provided by this
chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means any person
in receipt of a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer by another
person.
(8) "Contract" means any agreement for service and compensation
between a member and an employer.
(9) "Creditable service" means membership service plus prior
service for which credit is allowable. This subsection shall apply
only to plan 1 members.
(10) "Department" means the department of retirement systems
created in chapter 41.50 RCW.
(11) "Dependent" means receiving one-half or more of support from
a member.
(12) "Director" means the director of the department.
(13) "Disability allowance" means monthly payments during
disability. This subsection shall apply only to plan 1 members.
(14)(a) "Earnable compensation" for plan 1 members, means:
(i) All salaries and wages paid by an employer to an employee
member of the retirement system for personal services rendered during
a fiscal year. In all cases where compensation includes maintenance
the employer shall fix the value of that part of the compensation not
paid in money.
(ii) For an employee member of the retirement system teaching in an
extended school year program, two consecutive extended school years, as
defined by the employer school district, may be used as the annual
period for determining earnable compensation in lieu of the two fiscal
years.
(iii) "Earnable compensation" for plan 1 members also includes the
following actual or imputed payments, which are not paid for personal
services:
(A) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement in a position which are
awarded or granted as the equivalent of the salary or wages which the
individual would have earned during a payroll period shall be
considered earnable compensation and the individual shall receive the
equivalent service credit.
(B) If a leave of absence, without pay, is taken by a member for
the purpose of serving as a member of the state legislature, and such
member has served in the legislature five or more years, the salary
which would have been received for the position from which the leave of
absence was taken shall be considered as compensation earnable if the
employee's contribution thereon is paid by the employee. In addition,
where a member has been a member of the state legislature for five or
more years, earnable compensation for the member's two highest
compensated consecutive years of service shall include a sum not to
exceed thirty-six hundred dollars for each of such two consecutive
years, regardless of whether or not legislative service was rendered
during those two years.
(iv) For members employed less than full time under written
contract with a school district, or community college district, in an
instructional position, for which the member receives service credit of
less than one year in all of the years used to determine the earnable
compensation used for computing benefits due under RCW 41.32.497,
41.32.498, and 41.32.520, the member may elect to have earnable
compensation defined as provided in RCW 41.32.345. For the purposes of
this subsection, the term "instructional position" means a position in
which more than seventy-five percent of the member's time is spent as
a classroom instructor (including office hours), a librarian, a
psychologist, a social worker, a nurse, a physical therapist, an
occupational therapist, a speech language pathologist or audiologist,
or a counselor. Earnable compensation shall be so defined only for the
purpose of the calculation of retirement benefits and only as necessary
to insure that members who receive fractional service credit under RCW
41.32.270 receive benefits proportional to those received by members
who have received full-time service credit.
(v) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized under RCW
41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of thirty days
as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3 members, means
salaries or wages earned by a member during a payroll period for
personal services, including overtime payments, and shall include wages
and salaries deferred under provisions established pursuant to sections
403(b), 414(h), and 457 of the United States Internal Revenue Code, but
shall exclude lump sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or any form of
severance pay.
"Earnable compensation" for plan 2 and plan 3 members also includes
the following actual or imputed payments which, except in the case of
(b)(ii)(B) of this subsection, are not paid for personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position or payments by an employer
to an individual in lieu of reinstatement in a position which are
awarded or granted as the equivalent of the salary or wages which the
individual would have earned during a payroll period shall be
considered earnable compensation, to the extent provided above, and the
individual shall receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the
member shall have the option of having such member's earnable
compensation be the greater of:
(A) The earnable compensation the member would have received had
such member not served in the legislature; or
(B) Such member's actual earnable compensation received for
teaching and legislative service combined. Any additional
contributions to the retirement system required because compensation
earnable under (b)(ii)(A) of this subsection is greater than
compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions.
(c) In calculating earnable compensation under (a) or (b) of this
subsection, the department of retirement systems shall include any
compensation forgone by a member employed by a state agency, school
district, or institution during the 2009-2011 fiscal biennium as a
result of reduced work hours, mandatory or voluntary leave without pay,
temporary reduction in pay implemented prior to December 11, 2010, or
temporary layoffs if the reduced compensation is an integral part of
the employer's expenditure reduction efforts, as certified by the
employer.
(15)(a) "Eligible position" for plan 2 members from June 7, 1990,
through September 1, 1991, means a position which normally requires two
or more uninterrupted months of creditable service during September
through August of the following year.
(b) "Eligible position" for plan 2 and plan 3 on and after
September 1, 1991, means a position that, as defined by the employer,
normally requires five or more months of at least seventy hours of
earnable compensation during September through August of the following
year.
(c) For purposes of this chapter an employer shall not define
"position" in such a manner that an employee's monthly work for that
employer is divided into more than one position.
(d) The elected position of the superintendent of public
instruction is an eligible position.
(16) "Employed" or "employee" means a person who is providing
services for compensation to an employer, unless the person is free
from the employer's direction and control over the performance of work.
The department shall adopt rules and interpret this subsection
consistent with common law.
(17) "Employer" means the state of Washington, the school district,
or any agency of the state of Washington by which the member is paid.
(18) "Fiscal year" means a year which begins July 1st and ends June
30th of the following year.
(19) "Former state fund" means the state retirement fund in
operation for teachers under chapter 187, Laws of 1923, as amended.
(20) "Index" means, for any calendar year, that year's annual
average consumer price index, Seattle, Washington area, for urban wage
earners and clerical workers, all items compiled by the bureau of labor
statistics, United States department of labor.
(21) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(22) "Index B" means the index for the year prior to index A.
(23) "Index year" means the earliest calendar year in which the
index is more than sixty percent of index A.
(24) "Local fund" means any of the local retirement funds for
teachers operated in any school district in accordance with the
provisions of chapter 163, Laws of 1917 as amended.
(25) "Member" means any teacher included in the membership of the
retirement system who has not been removed from membership under RCW
41.32.878 or 41.32.768. Also, any other employee of the public schools
who, on July 1, 1947, had not elected to be exempt from membership and
who, prior to that date, had by an authorized payroll deduction,
contributed to the member reserve.
(26) "Member account" or "member's account" for purposes of plan 3
means the sum of the contributions and earnings on behalf of the member
in the defined contribution portion of plan 3.
(27) "Member reserve" means the fund in which all of the
accumulated contributions of members are held.
(28) "Membership service" means service rendered subsequent to the
first day of eligibility of a person to membership in the retirement
system: PROVIDED, That where a member is employed by two or more
employers the individual shall receive no more than one service credit
month during any calendar month in which multiple service is rendered.
The provisions of this subsection shall apply only to plan 1 members.
(29) "Pension" means the moneys payable per year during life from
the pension reserve.
(30) "Pension reserve" is a fund in which shall be accumulated an
actuarial reserve adequate to meet present and future pension
liabilities of the system and from which all pension obligations are to
be paid.
(31) "Plan 1" means the teachers' retirement system, plan 1
providing the benefits and funding provisions covering persons who
first became members of the system prior to October 1, 1977.
(32) "Plan 2" means the teachers' retirement system, plan 2
providing the benefits and funding provisions covering persons who
first became members of the system on and after October 1, 1977, and
prior to July 1, 1996.
(33) "Plan 3" means the teachers' retirement system, plan 3
providing the benefits and funding provisions covering persons who
first become members of the system on and after July 1, 1996, or who
transfer under RCW 41.32.817.
(34) "Prior service" means service rendered prior to the first date
of eligibility to membership in the retirement system for which credit
is allowable. The provisions of this subsection shall apply only to
plan 1 members.
(35) "Prior service contributions" means contributions made by a
member to secure credit for prior service. The provisions of this
subsection shall apply only to plan 1 members.
(36) "Public school" means any institution or activity operated by
the state of Washington or any instrumentality or political subdivision
thereof employing teachers, except the University of Washington and
Washington State University.
(37) "Regular contributions" means the amounts required to be
deducted from the compensation of a member and credited to the member's
individual account in the member reserve. This subsection shall apply
only to plan 1 members.
(38) "Regular interest" means such rate as the director may
determine.
(39) "Retiree" means any person who has begun accruing a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer while a member.
(40)(a) "Retirement allowance" for plan 1 members, means monthly
payments based on the sum of annuity and pension, or any optional
benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3 members, means
monthly payments to a retiree or beneficiary as provided in this
chapter.
(41) "Retirement system" means the Washington state teachers'
retirement system.
(42) "Separation from service or employment" occurs when a person
has terminated all employment with an employer. Separation from
service or employment does not occur, and if claimed by an employer or
employee may be a violation of RCW 41.32.055, when an employee and
employer have a written or oral agreement to resume employment with the
same employer following termination. Mere expressions or inquiries
about postretirement employment by an employer or employee that do not
constitute a commitment to reemploy the employee after retirement are
not an agreement under this section.
(43)(a) "Service" for plan 1 members means the time during which a
member has been employed by an employer for compensation.
(i) If a member is employed by two or more employers the individual
shall receive no more than one service credit month during any calendar
month in which multiple service is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five days of
sick leave may be creditable as service solely for the purpose of
determining eligibility to retire under RCW 41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be
applied solely for the purpose of determining eligibility to retire
under RCW 41.32.470.
(b) "Service" for plan 2 and plan 3 members, means periods of
employment by a member for one or more employers for which earnable
compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a substitute
shall receive one service credit month for each month of September
through August of the following year if he or she earns earnable
compensation for eight hundred ten or more hours during that period and
is employed during nine of those months, except that a member may not
receive credit for any period prior to the member's employment in an
eligible position except as provided in RCW 41.32.812 and 41.50.132.
(ii) Any other member employed in an eligible position or as a
substitute who earns earnable compensation during the period from
September through August shall receive service credit according to one
of the following methods, whichever provides the most service credit to
the member:
(A) If a member is employed either in an eligible position or as a
substitute teacher for nine months of the twelve month period between
September through August of the following year but earns earnable
compensation for less than eight hundred ten hours but for at least six
hundred thirty hours, he or she will receive one-half of a service
credit month for each month of the twelve month period;
(B) If a member is employed in an eligible position or as a
substitute teacher for at least five months of a six-month period
between September through August of the following year and earns
earnable compensation for six hundred thirty or more hours within the
six-month period, he or she will receive a maximum of six service
credit months for the school year, which shall be recorded as one
service credit month for each month of the six-month period;
(C) All other members employed in an eligible position or as a
substitute teacher shall receive service credit as follows:
(I) A service credit month is earned in those calendar months where
earnable compensation is earned for ninety or more hours;
(II) A half-service credit month is earned in those calendar months
where earnable compensation is earned for at least seventy hours but
less than ninety hours; and
(III) A quarter-service credit month is earned in those calendar
months where earnable compensation is earned for less than seventy
hours.
(iii) Any person who is a member of the teachers' retirement system
and who is elected or appointed to a state elective position may
continue to be a member of the retirement system and continue to
receive a service credit month for each of the months in a state
elective position by making the required member contributions.
(iv) When an individual is employed by two or more employers the
individual shall only receive one month's service credit during any
calendar month in which multiple service for ninety or more hours is
rendered.
(v) As authorized by RCW 28A.400.300, up to forty-five days of sick
leave may be creditable as service solely for the purpose of
determining eligibility to retire under RCW 41.32.470. For purposes of
plan 2 and plan 3 "forty-five days" as used in RCW 28A.400.300 is equal
to two service credit months. Use of less than forty-five days of sick
leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days
equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals
one and one-half service credit month.
(vi) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be
applied solely for the purpose of determining eligibility to retire
under RCW 41.32.470.
(vii) The department shall adopt rules implementing this
subsection.
(44) "Service credit month" means a full service credit month or an
accumulation of partial service credit months that are equal to one.
(45) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(46) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(47) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(48) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a temporary
teacher, except for teachers who are annual contract employees of an
employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions for more
than one employer or (ii) work in an ineligible position or positions
together with an eligible position.
(49) "Teacher" means any person qualified to teach who is engaged
by a public school in an instructional, administrative, or supervisory
capacity. The term includes state, educational service district, and
school district superintendents and their assistants and all employees
certificated by the superintendent of public instruction; and in
addition thereto any full time school doctor who is employed by a
public school and renders service of an instructional or educational
nature.
Sec. 2 RCW 41.35.010 and 2003 c 157 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "Retirement system" means the Washington school employees'
retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer," for plan 2 and plan 3 members, means a school
district or an educational service district.
(5) "Member" means any employee included in the membership of the
retirement system, as provided for in RCW 41.35.030.
(6)(a) "Compensation earnable" for plan 2 and plan 3 members, means
salaries or wages earned by a member during a payroll period for
personal services, including overtime payments, and shall include wages
and salaries deferred under provisions established pursuant to sections
403(b), 414(h), and 457 of the United States internal revenue code, but
shall exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, or any form of severance pay.
(b) "Compensation earnable" for plan 2 and plan 3 members also
includes the following actual or imputed payments, which are not paid
for personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement, which are awarded or granted
as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation
earnable to the extent provided in this subsection, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the
member shall have the option of having such member's compensation
earnable be the greater of:
(A) The compensation earnable the member would have received had
such member not served in the legislature; or
(B) Such member's actual compensation earnable received for
nonlegislative public employment and legislative service combined. Any
additional contributions to the retirement system required because
compensation earnable under (b)(ii)(A) of this subsection is greater
than compensation earnable under this (b)(ii)(B) of this subsection
shall be paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045,
and 72.09.240;
(iv) Compensation that a member would have received but for a
disability occurring in the line of duty only as authorized by RCW
41.40.038;
(v) Compensation that a member receives due to participation in the
leave sharing program only as authorized by RCW 41.04.650 through
41.04.670; and
(vi) Compensation that a member receives for being in standby
status. For the purposes of this section, a member is in standby
status when not being paid for time actually worked and the employer
requires the member to be prepared to report immediately for work, if
the need arises, although the need may not arise.
(7) "Service" for plan 2 and plan 3 members means periods of
employment by a member in an eligible position or positions for one or
more employers for which compensation earnable is paid. Compensation
earnable earned for ninety or more hours in any calendar month shall
constitute one service credit month except as provided in RCW
41.35.180. Compensation earnable earned for at least seventy hours but
less than ninety hours in any calendar month shall constitute one-half
service credit month of service. Compensation earnable earned for less
than seventy hours in any calendar month shall constitute one-quarter
service credit month of service. Time spent in standby status, whether
compensated or not, is not service.
Any fraction of a year of service shall be taken into account in
the computation of such retirement allowance or benefits.
(a) Service in any state elective position shall be deemed to be
full-time service.
(b) A member shall receive a total of not more than twelve service
credit months of service for such calendar year. If an individual is
employed in an eligible position by one or more employers the
individual shall receive no more than one service credit month during
any calendar month in which multiple service for ninety or more hours
is rendered.
(c) For purposes of plan 2 and 3 "forty-five days" as used in RCW
28A.400.300 is equal to two service credit months. Use of less than
forty-five days of sick leave is creditable as allowed under this
subsection as follows:
(i) Less than eleven days equals one-quarter service credit month;
(ii) Eleven or more days but less than twenty-two days equals one-half service credit month;
(iii) Twenty-two days equals one service credit month;
(iv) More than twenty-two days but less than thirty-three days
equals one and one-quarter service credit month; and
(v) Thirty-three or more days but less than forty-five days equals
one and one-half service credit month.
(8) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(9) "Service credit month" means a month or an accumulation of
months of service credit which is equal to one.
(10) "Membership service" means all service rendered as a member.
(11) "Beneficiary" for plan 2 and plan 3 members means any person
in receipt of a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer by another
person.
(12) "Regular interest" means such rate as the director may
determine.
(13) "Accumulated contributions" means the sum of all contributions
standing to the credit of a member in the member's individual account,
including any amount paid under RCW 41.50.165(2), together with the
regular interest thereon.
(14) "Average final compensation" for plan 2 and plan 3 members
means the member's average compensation earnable of the highest
consecutive sixty months of service credit months prior to such
member's retirement, termination, or death. Any compensation forgone
by a member employed by a school district during the 2009-2011 fiscal
biennium as a result of reduced work hours, mandatory or voluntary
leave without pay, temporary reduction in pay implemented prior to
December 11, 2010, or temporary layoffs if the reduced compensation is
an integral part of the employer's expenditure reduction efforts, as
certified by the employer. Periods constituting authorized leaves of
absence may not be used in the calculation of average final
compensation except under RCW 41.40.710(2).
(15) "Final compensation" means the annual rate of compensation
earnable by a member at the time of termination of employment.
(16) "Annuity" means payments for life derived from accumulated
contributions of a member. All annuities shall be paid in monthly
installments.
(17) "Pension" means payments for life derived from contributions
made by the employer. All pensions shall be paid in monthly
installments.
(18) "Retirement allowance" for plan 2 and plan 3 members means
monthly payments to a retiree or beneficiary as provided in this
chapter.
(19) "Employee" or "employed" means a person who is providing
services for compensation to an employer, unless the person is free
from the employer's direction and control over the performance of work.
The department shall adopt rules and interpret this subsection
consistent with common law.
(20) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality and other tables as may be
adopted by the director.
(21) "Retirement" means withdrawal from active service with a
retirement allowance as provided by this chapter.
(22) "Eligible position" means any position that, as defined by the
employer, normally requires five or more months of service a year for
which regular compensation for at least seventy hours is earned by the
occupant thereof. For purposes of this chapter an employer shall not
define "position" in such a manner that an employee's monthly work for
that employer is divided into more than one position.
(23) "Ineligible position" means any position which does not
conform with the requirements set forth in subsection (22) of this
section.
(24) "Leave of absence" means the period of time a member is
authorized by the employer to be absent from service without being
separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer while a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(28) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(29) "Plan 2" means the Washington school employees' retirement
system plan 2 providing the benefits and funding provisions covering
persons who first became members of the public employees' retirement
system on and after October 1, 1977, and transferred to the Washington
school employees' retirement system under RCW 41.40.750.
(30) "Plan 3" means the Washington school employees' retirement
system plan 3 providing the benefits and funding provisions covering
persons who first became members of the system on and after September
1, 2000, or who transfer from plan 2 under RCW 41.35.510.
(31) "Index" means, for any calendar year, that year's annual
average consumer price index, Seattle, Washington area, for urban wage
earners and clerical workers, all items, compiled by the bureau of
labor statistics, United States department of labor.
(32) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(33) "Index B" means the index for the year prior to index A.
(34) "Adjustment ratio" means the value of index A divided by index
B.
(35) "Separation from service" occurs when a person has terminated
all employment with an employer.
(36) "Member account" or "member's account" for purposes of plan 3
means the sum of the contributions and earnings on behalf of the member
in the defined contribution portion of plan 3.
(37) "Classified employee" means an employee of a school district
or an educational service district who is not eligible for membership
in the teachers' retirement system established under chapter 41.32 RCW.
(38) "Substitute employee" means a classified employee who is
employed by an employer exclusively as a substitute for an absent
employee.
NEW SECTION. Sec. 3 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.