BILL REQ. #: H-3163.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/13/12. Referred to Committee on Ways & Means.
AN ACT Relating to allowing department of fish and wildlife enforcement officers to transfer service credit; and amending RCW 41.26.435.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.26.435 and 2009 c 157 s 1 are each amended to read
as follows:
(1) A member of plan 2 who was a member of the public employees'
retirement system plan 2 or plan 3 while employed as an enforcement
officer for the department of fish and wildlife has the option to make
an election no later than December 31, 2009, filed in writing with the
department of retirement systems, to transfer all service credit
previously earned as an enforcement officer in the public employees'
retirement system plan 2 or plan 3 to the law enforcement officers' and
firefighters' retirement system plan 2. Service credit that a member
elects to transfer from the public employees' retirement system to the
law enforcement officers' and firefighters' retirement system under
this section shall be transferred no earlier than June 30, ((2014))
2012, and only after the member completes payment as provided in
subsection (2) of this section.
(2)(a) A member who elects to transfer service credit under
subsection (1) of this section shall make the payments required by this
subsection prior to having service credit earned as an enforcement
officer with the department of fish and wildlife under the public
employees' retirement system plan 2 or plan 3 transferred to the law
enforcement officers' and firefighters' retirement system plan 2.
(b) A member who elects to transfer service credit from the public
employees' retirement system plan 2 under this subsection shall pay,
for the applicable period of service, the difference between the
contributions the employee paid to the public employees' retirement
system plan 2 and the contributions that would have been paid by the
employee had the employee been a member of the law enforcement
officers' and firefighters' retirement system plan 2, plus interest on
this difference as determined by the director. This payment must be
made no later than June 30, ((2014)) 2012, and must be made prior to
retirement.
(c) A member who elects to transfer service credit from the public
employees' retirement system plan 3 under this subsection shall
transfer to the law enforcement officers' and firefighters' retirement
system plan 2, for the applicable period of service, the full balance
of the member's defined contribution account within plan 3 as of the
effective date of the transfer. At no time will the member pay, for
the applicable period of service, a sum less than the contributions
that would have been paid by the employee had the employee been a
member of the law enforcement officers' and firefighters' retirement
system plan 2, plus interest as determined by the director. This
transfer and any additional payment, if necessary, must be made no
later than June 30, ((2014)) 2012, and must be made prior to
retirement.
(d) Upon completion of the payment required in (b) of this
subsection, the department shall transfer from the public employees'
retirement system to the law enforcement officers' and firefighters'
retirement system plan 2: (i) All of the employee's applicable
accumulated contributions plus interest and all of the applicable
employer contributions plus interest; and (ii) all applicable months of
service, as defined in RCW 41.26.030(((14))) (28)(b), credited to the
employee under this chapter for service as an enforcement officer with
the department of fish and wildlife as though that service was rendered
as a member of the law enforcement officers' and firefighters'
retirement system plan 2.
(e) Upon completion of the payment required in (c) of this
subsection, the department shall transfer from the public employees'
retirement system to the law enforcement officers' and firefighters'
retirement system plan 2: (i) All of the employee's applicable
accumulated contributions plus interest and all of the applicable
employer contributions plus interest; and (ii) all applicable months of
service, as defined in RCW 41.26.030(((14))) (28)(b), credited to the
employee under this chapter for service as an enforcement officer with
the department of fish and wildlife as though that service was rendered
as a member of the law enforcement officers' and firefighters'
retirement system plan 2.
(f) If a member who elected to transfer pursuant to this section
dies or retires for disability prior to June 30, ((2014)) 2012, the
member's benefit is calculated as follows:
(i) All of the applicable service credit, accumulated
contributions, and interest is transferred to the law enforcement
officers' and firefighters' retirement system plan 2 and used in the
calculation of a benefit.
(ii) If a member's obligation under (b) or (c) of this subsection
has not been paid in full at the time of death or disability
retirement, the member, or in the case of death the surviving spouse or
eligible minor children, have the following options:
(A) Pay the bill in full;
(B) If a continuing monthly benefit is chosen, have the benefit
actuarially reduced to reflect the amount of the unpaid obligation
under (b) or (c) of this subsection; or
(C) Continue to make payment against the obligation under (b) or
(c) of this subsection, provided that payment in full is made no later
than June 30, ((2014)) 2012.
(g) Upon transfer of service credit, contributions, and interest
under this subsection, the employee is permanently excluded from
membership in the public employees' retirement system for all service
related to time served as an enforcement officer with the department of
fish and wildlife under the public employees' retirement system plan 2
or plan 3.