S-3849               _______________________________________________

                                                   SENATE BILL NO. 6435

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators von Reichbauer, Conner and Johnson

Read first time 1/12/90 and referred to Committee on  Ways & Means.

AN ACT Relating to military service credit; and amending RCW 41.40.170.

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

        Sec. 1.  Section 18, chapter 274, Laws of 1947 as last amended by section 12, chapter 294, Laws of 1981 and RCW 41.40.170 are each amended to read as follows:

          (1) A member who has served or shall serve on active federal service in the military or naval forces of the United States and who left or shall leave an employer to enter such service shall be deemed to be on military leave of absence if he or she has resumed or shall resume employment as an employee within one year from termination thereof.

          (2) If ((he)) a member has applied or shall apply for reinstatement of employment, within one year from termination of the military service, and is refused employment for reasons beyond ((his)) the member's control, he or she shall, upon resumption of service within ten years have such service credited to him or her.

          (3) In any event, after completing twenty-five years of creditable service, any plan I member may have his or her service in the armed forces credited to him or her as a member whether or not he or she left the employ of an employer to enter such armed service:  PROVIDED, That in no instance, described in subsections (1), (2), and (3) of this section, shall military service in excess of five years be credited:  AND PROVIDED FURTHER, That in each instance the member must restore all withdrawn accumulated contributions, which restoration must be completed within five years of membership service following his or her first resumption of employment or complete twenty-five years of creditable service:  AND PROVIDED FURTHER, That ((this section will not apply to any individual, not a veteran within the meaning of RCW 41.04.005, as now or hereafter amended)) members who served in the military any time during the period from February 25, 1972, to April 24, 1973, shall be retroactively included in crediting their military service for purposes of this section:  AND PROVIDED FURTHER, That in no instance, described in subsections (1), (2), and (3) of this section, shall military service be credited to any member who is receiving full military retirement benefits pursuant to Title 10 United States Code.