S-4097.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6383

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Loveland and Haugen)

Read first time 01/31/2000.

Restricting eligibility for retirement allowance adjustments.

    AN ACT Relating to eligibility for retirement allowance adjustments; amending RCW 41.40.189; adding a new section to chapter 41.32 RCW; and declaring an emergency.

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

    Sec. 1.  RCW 41.40.189 and 1999 c 362 s 3 are each amended to read as follows:

    (1) A retiree or beneficiary who receives state-funded long-term care services on or after June 1, 1998, is not eligible for the increase provided by section 8, chapter 340, Laws of 1998, nor for an increase under RCW 41.31.010 or 41.40.197, if the increase would make the retiree or beneficiary ineligible for state-funded long-term care services.  For the purposes of this section "state-funded long-term care services" means a state-funded adult family home, adult residential care, assisted living, enhanced adult residential care, in-home care, or nursing home service, as defined in RCW 74.39A.009, for which the retiree or beneficiary is required to contribute all income other than a specified amount reserved for the ((retiree's)) person's personal maintenance needs.  Retirees or beneficiaries who are subject to this section shall notify the department in writing.  The department has no affirmative duty to identify retirees or beneficiaries who are subject to this subsection.

    (2) This section applies to all payments under section 8, chapter 340, Laws of 1998 and RCW 41.31.010 and 41.40.197, made on or after May 17, 1999, regardless of the date of retirement.

NEW SECTION. Sec. 2.  A new section is added to chapter 41.32 RCW to read as follows:

    (1) A retiree or beneficiary who receives state-funded long-term care services on or after June 1, 1998, is not eligible for the increase provided by section 7, chapter 340, Laws of 1998, nor for an increase under RCW 41.31.010 or 41.32.489, if the increase would make the retiree or beneficiary ineligible for state-funded long-term care services.  For the purposes of this section "state-funded long-term care services" means a state-funded adult family home, adult residential care, assisted living, enhanced adult residential care, in-home care, or nursing home service, as defined in RCW 74.39A.009, for which the retiree or beneficiary is required to contribute all income other than a specified amount reserved for the person's personal maintenance needs.  Retirees or beneficiaries who are subject to this section shall notify the department in writing.  The department has no affirmative duty to identify retirees or beneficiaries who are subject to this subsection.

    (2) This section applies to all payments under section 7, chapter 340, Laws of 1998 and RCW 41.31.010 and 41.32.489, made on or after May 17, 1999, regardless of the date of retirement.

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.

                            --- END ---