BILL REQ. #:  H-0379.2 

Read first time 01/28/2003.   Referred to Committee on Appropriations.

     AN ACT Relating to early retirement; adding new sections to chapter 41.40 RCW (uncodified); adding a new section to chapter 43.01 RCW (uncodified); adding a new section to chapter 39.29 RCW (uncodified); providing expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Subject to this section, in addition to members eligible to retire under RCW 41.40.180, any member of the public employees' retirement system plan 1 who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:
     (1) The member is employed by an employer on March 1, 2003.
     (2)(a) A member eligible under subsection (1) of this section must file an application between June 15, 2003, and August 31, 2003, with an effective date of retirement on or before September 30, 2003.
     (b) In addition to any other years of creditable service, for every five years of actual service the member may be granted credit for one additional year of service. Under no circumstances may more than thirty years of service credit be established.

NEW SECTION.  Sec. 2   Section 1 of this act is added to chapter 41.40 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION.  Sec. 3   Subject to this section, in addition to members eligible to retire under RCW 41.40.630, any member of the public employees' retirement system plan 2 who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:
     (1) The member is employed by an employer on March 1, 2003.
     (2)(a) A member eligible under subsection (1) of this section must file an application between June 15, 2003, and August 31, 2003, with an effective date of retirement on or before September 30, 2003.
     (b) In addition to any other years of creditable service, for every five years of actual service the member may be granted credit for one additional year of service. Under no circumstances may more than thirty years of service credit be established.

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.

NEW SECTION.  Sec. 5   In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no state agency may hire persons who retire from service under the provisions of this act as temporary or project employees, as defined by the Washington personnel resources board for employees covered under chapter 41.06 RCW. Exceptions to this section may be granted by written approval from the director 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. This section expires June 30, 2004.

NEW SECTION.  Sec. 6   Section 5 of this act is added to chapter 43.01 RCW, but because of its temporary nature, shall not be codified.

NEW SECTION.  Sec. 7   In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no state agency may engage through personal service contracts persons who retire from service under the provisions of 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 expires June 30, 2004.

NEW SECTION.  Sec. 8   Section 7 of this act is added to chapter 39.29 RCW, but because of its temporary nature, shall not be codified.

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 takes effect immediately.