BP BHEAD INT H

AN ACT Relating to retirement eligibility for plan I members of the teachers' and public employees' retirement systems who submitted late applications for early retirement; amending RCW 43.01.170 and 28A.400.212; amending 1992 c 234 s 6 (uncodified); amending 1992 c 234 s 8 (uncodified); creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) Any member of the teachers' retirement system plan I who meets the criteria in subsection (2) of this section may retire under chapter 234, Laws of 1992, by submitting a written application by July 1, 1993, to the director of the department of retirement systems on the form required by the department.

(2) This section applies only to members who:

(a) Were otherwise eligible to retire under the terms and conditions of section 3, chapter 234, Laws of 1992; and

(b) Submitted a written application to retire on the form required by the department not later than August 31, 1992; but

(c) Were denied retirement eligibility because the department of retirement systems received the application after the June 15, 1992, deadline.

(3) A retirement under this section shall take effect:

(a) September 1, 1992, for members who separated from service on or before that date and who did not subsequently render membership service to an employer; or

(b) The first day of the month following the member's separation form service, but no later than September 1, 1993, for members who separate from service after September 1, 1992. However, if a full year of membership service was established for the 1992-93 school year, the effective date of a retirement under this subsection (3)(b) shall be July 1, 1993.

NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 41.32 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION. Sec. 3. (1) Any member of the public employees' retirement system plan I who meets the criteria in subsection (2) of this section may retire under chapter 234, Laws of 1992, by submitting a written application by July 1, 1993, to the director of the department of retirement systems on the form required by the department.

(2) This section applies only to members who:

(a) Were otherwise eligible to retire under the terms and conditions of section 1, chapter 234, Laws of 1992; and

(b) Submitted a written application to retire on the form required by the department not later than August 31, 1992; but

(c) Were denied retirement eligibility because the department of retirement systems received the application after the June 15, 1992, deadline.

(3) A retirement under this section shall take effect:

(a) September 1, 1992, for members who separated from service on or before that date and who were not subsequently employed in an eligible position; or

(b) The first day of the month following the member's separation from service, but no later than September 1, 1993, for members who separate from service after September 1, 1992.

NEW SECTION. Sec. 4. Section 3 of this act is added to chapter 41.40 RCW, but because of its temporary nature, shall not be codified.

Sec. 5. 1992 c 234 s 6 (uncodified) is amended to read as follows:

In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act), no state agency may engage through personal service contracts persons who retire from state service under the provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act). Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the proposed contract is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the agency and division or department requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire June 30, 1995.

Sec. 6. 1992 c 234 s 8 (uncodified) is amended to read as follows:

In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act), no board of directors of a school district or educational service district may engage through personal service contracts persons who retire from ((~~state~~)) service under the provisions of chapter 234, Laws of 1992 and chapter . . ., Laws of 1993 (this act). Exceptions to this section may be granted by written approval from the superintendent of public instruction if the superintendent finds that the proposed contract is necessary to protect student safety, protect against the loss of school district certification or loss of federal funds, or carry out functions so essential to the district that even temporary suspension or delay of services would have a significant negative impact on students. At the end of each three-month period in which exceptions are approved, the superintendent shall forward a copy of any approvals, together with justification for the exceptions, to the office of financial management and the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the district requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire August 31, 1995.

Sec. 7. RCW 43.01.170 and 1992 c 234 s 11 are each amended to read as follows:

In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992, and chapter . . ., Laws of 1993 (this act), no state agency may hire persons who retire from state service under the provisions of chapter 234, Laws of 1992, and chapter . . ., Laws of 1993 (this act), as temporary or project employees, as defined by the state personnel board for employees covered under chapter 41.06 RCW ((~~and~~)), by the higher education personnel board for employees covered under chapter 28B.16 RCW, and by the employer for persons not covered under chapter 28B.16 RCW who are employed by institutions of higher education or community or technical colleges. Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the temporary or project employment of a retiree is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the temporary or project employee, the agency and division or department requesting the employment, duration and cost of the proposed employment, and specific functions and duties to be carried out during the employment. This section shall expire June 30, 1995.

Sec. 8. RCW 28A.400.212 and 1992 c 234 s 13 are each amended to read as follows:

An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, or section 1 or 3, chapter . . ., Laws of 1993 (this act), shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, or section 1 or 3, chapter . . ., Laws of 1993 (this act).

NEW SECTION. Sec. 9. 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 shall take effect immediately.