Z-0273.1 _______________________________________________
SENATE BILL 5151
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State of Washington 57th Legislature 2001 Regular Session
By Senators Carlson, Winsley, Honeyford, Franklin, Long, Fraser, McAuliffe, Kohl‑Welles, Rasmussen, Haugen and Parlette; by request of Joint Committee on Pension Policy
Read first time 01/12/2001. Referred to Committee on Ways & Means.
AN ACT Relating to increasing the number of hours that teachers' retirement system plan retirees may work in an eligible position to eight hundred forty without a reduction in their retirement benefits; and amending RCW 41.32.570.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.32.570 and 1999 c 387 s 1 are each amended to read as follows:
(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any monthly benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.
(2) Any ((retired
teacher or retired administrator)) retiree who enters service in any
public educational institution in Washington state and who has satisfied the
break in employment requirement of subsection (1) of this section shall cease
to receive pension payments while engaged in such service: PROVIDED, That
service may be rendered up to ((five hundred twenty-five)) eight
hundred forty hours per school year without reduction of pension.
(((3) In addition to
the five hundred twenty-five hours of service permitted under subsection (2) of
this section, a retired teacher or retired administrator may also serve only as
a substitute teacher for up to an additional three hundred fifteen hours per
school year without reduction of pension if:
(a) A school
district, which is not a member of a multidistrict substitute cooperative,
determines that it has exhausted or can reasonably anticipate that it will
exhaust its list of qualified and available substitutes and the school board of
the district adopts a resolution to make its substitute teachers who are
retired teachers or retired administrators eligible for the extended service
once the list of qualified and available substitutes has been exhausted. The
resolution by the school district shall state that the services of retired
teachers and retired administrators are necessary to address the shortage of
qualified and available substitutes. The resolution shall be valid only for
the school year in which it is adopted. The district shall forward a copy of
the resolution with a list of retired teachers and retired administrators who
have been employed as substitute teachers to the department and may notify the
retired teachers and retired administrators included on the list of their right
to take advantage of the provisions of this subsection; or
(b) A multidistrict
substitute cooperative determines that the school districts have exhausted or
can reasonably anticipate that they will exhaust their list of qualified and
available substitutes and each of the school boards adopts a resolution to make
their substitute teachers who are retired teachers or retired administrators
eligible for the extended service once the list of qualified and available
substitutes has been exhausted. The resolutions by each of the school
districts shall state that the services of retired teachers and retired
administrators are necessary to address the shortage of qualified and available
substitutes. The resolutions shall be valid only for the school year in which
they are adopted. The cooperative shall forward a copy of the resolutions with
a list of retired teachers and retired administrators who have been employed as
substitute teachers to the department and may notify the retired teachers and
retired administrators included on the list of their right to take advantage of
the provisions of this subsection.
(4) In addition to
the five hundred twenty-five hours of service permitted under subsection (2) of
this section, a retired administrator or retired teacher may also serve as a
substitute administrator up to an additional one hundred five hours per school
year without reduction of pension if a school district board of directors
adopts a resolution declaring that the services of a retired administrator or
retired teacher are necessary because it cannot find a replacement
administrator to fill a vacancy. The resolution shall be valid only for the
school year in which it is adopted. The district shall forward a copy of the
resolution with the name of the retired administrator or retired teacher who
has been employed as a substitute administrator to the department.
(5) In addition to
the five hundred twenty-five hours of service permitted under subsection (2) of
this section and the one hundred five hours permitted under subsection (4) of
this section, a retired principal may also serve as a substitute principal up
to an additional two hundred ten hours per school year without a reduction of
pension if a school district board of directors adopts a resolution declaring
that the services of a retired principal are necessary because it cannot find a
replacement principal to fill a vacancy. The resolution shall be valid only
for the school year in which it is adopted. The district shall forward a copy
of the resolution with the name of the retired principal who has been employed
as a substitute principal to the department.
(6) Subsection (2)
of this section shall apply to all persons governed by the provisions of plan
1, regardless of the date of their retirement, but shall apply only to benefits
payable after June 11, 1986.
(7) Subsection (3)
of this section shall apply to all persons governed by the provisions of plan
1, regardless of the date of their retirement, but shall only apply to benefits
payable after September 1, 1994.))
(3) The department shall collect and provide the state actuary with information relevant to the use of this section for the joint committee on pension policy.
(4) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive eight hundred forty hours per year of postretirement employment.
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