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                                          ENGROSSED SENATE BILL NO. 5929

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State of Washington                               51st Legislature                              1989 Regular Session

 

By Senator Johnson

 

 

Read first time 2/16/89 and referred to Committee on  Ways & Means.

 

 


AN ACT Relating to providing a one-dollar increase in the minimum retirement allowance for members of the public employees' and teachers' retirement systems; amending RCW 41.32.485, 41.32.487, 41.40.198, and 41.40.1981; and declaring an emergency.

 

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

 

        Sec. 1.  Section 2, chapter 96, Laws of 1979 ex. sess. as last amended by section 1, chapter 455, Laws of 1987 and RCW 41.32.485 are each amended to read as follows:

          (1) Notwithstanding any provision of law to the contrary, effective July 1, ((1987)) 1989, as a cost-of-living adjustment, no beneficiary receiving a retirement allowance pursuant to this chapter shall receive, as the pension portion of that retirement allowance, less than ((thirteen dollars and fifty)) fourteen dollars and eighty-two cents per month for each year of service creditable to the person whose service is the basis of the pension.  Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ((thirteen dollars and fifty)) fourteen dollars and eighty-two cents.  Where the pension payable was adjusted at the time benefit payments to the beneficiary commenced, the minimum pension provided in this section shall be adjusted in a manner consistent with that adjustment.

          (2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the retirement allowance of each beneficiary who either is receiving benefits pursuant to RCW 41.32.520 or 41.32.550 as of December 31, 1978, or commenced receiving a monthly retirement allowance under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment.  This adjustment shall be in lieu of any adjustments provided under RCW 41.32.499(6) as of July 1, 1979, or July 1, 1980, for the affected beneficiaries.  Such adjustment shall be calculated as follows:

          (a) Retirement allowances to which this subsection and subsection (1) of this section are both applicable shall be determined by first applying subsection (1) and then applying this subsection.  The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those beneficiaries to whom this subsection applies;

          (b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection.  The resultant figure shall then be a post-retirement increase factor which shall be applied as specified in (c) of this subsection;

          (c) Each beneficiary to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service.

          (3) The provisions of subsections (1) and (2) of this section shall not be applicable to those receiving benefits pursuant to RCW 41.32.540 or 41.32.760 through 41.32.825.

 

        Sec. 2.  Section 3, chapter 455, Laws of 1987 and RCW 41.32.487 are each amended to read as follows:

          Beginning July 1, ((1988)) 1989, and every year thereafter, the department shall determine the following information for the minimum retirement allowance provided by RCW 41.32.485(1):

          (1) The dollar amount of the minimum retirement allowance as of July 1, ((1988)) 1989, after the increase provided in section 1, chapter --, Laws of 1989 (section 1 of this 1989 act);

          (2) The index for the ((1986)) 1987 calendar year, to be known as "index A";

          (3) The index for the calendar year prior to the date of determination, to be known as "index B"; and

          (4) The ratio obtained when index B is divided by index A.

          The value of the ratio obtained shall be the annual adjustment to the minimum retirement allowance and shall be applied beginning with the July payment.  In no event, however, shall the annual adjustment:

          (a) Produce a retirement allowance which is lower than the minimum retirement allowance as of July 1, ((1987)) 1989;

          (b) Exceed three percent in the initial annual adjustment; or

          (c) Differ from the previous year's annual adjustment by more than three percent.

          For the purposes of this section, "index" means, for any calendar year, that year's 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.

 

        Sec. 3.  Section 1, chapter 96, Laws of 1979 ex. sess. as last amended by section 2, chapter 455, Laws of 1987 and RCW 41.40.198 are each amended to read as follows:

          (1) Notwithstanding any provision of law to the contrary, effective July 1, ((1987)) 1989, as a cost-of-living adjustment, no beneficiary receiving a retirement allowance pursuant to this chapter shall receive, as the pension portion of that retirement allowance, less than ((thirteen dollars and fifty)) fourteen dollars and eighty-two cents per month for each year of service creditable to the person whose service is the basis of the pension.  Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ((thirteen dollars and fifty)) fourteen dollars and eighty-two cents.  Where the pension payable was adjusted at the time benefit payments to the beneficiary commenced, the minimum pension provided in this section shall be adjusted in a manner consistent with that adjustment.

          (2) The provisions of subsection (1) of this section shall not be applicable to those receiving benefits pursuant to RCW 41.40.220(1), 41.44.170(5), or 41.40.610 through 41.40.740. For persons who served as elected officials and whose accumulated employee contributions and credited interest was less than seven hundred fifty dollars at the time of retirement, the minimum benefit under subsection (1) of this section shall be ten dollars per month for each year of creditable service.

 

        Sec. 4.  Section 4, chapter 455, Laws of 1987 and RCW 41.40.1981 are each amended to read as follows:

          Beginning July 1, ((1988)) 1989, and every year thereafter, the department shall determine the following information for the minimum retirement allowance provided by RCW 41.40.198(1):

          (1) The dollar amount of the minimum retirement allowance as of July 1, ((1988)) 1989, after the increase provided in section 3, chapter --, Laws of 1989 (section 3 of this 1989 act);

          (2) The index for the ((1986)) 1987 calendar year, to be known as "index A";

          (3) The index for the calendar year prior to the date of determination, to be known as "index B"; and

          (4) The ratio obtained when index B is divided by index A.

          The value of the ratio obtained shall be the annual adjustment to the minimum retirement allowance and shall be applied beginning with the July payment.  In no event, however, shall the annual adjustment:

          (a) Produce a retirement allowance which is lower than the minimum retirement allowance as of July 1, ((1987)) 1988;

          (b) Exceed three percent in the initial annual adjustment; or

          (c) Differ from the previous year's annual adjustment by more than three percent.

          Persons who served as elected officials and whose accumulated employee contributions and credited interest were less than seven hundred fifty dollars at the time of retirement shall not receive the benefit provided by this section.

          For the purposes of this section, "index" means, for any calendar year, that year's 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.

 

          NEW SECTION.  Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.