BILL REQ. #: Z-0984.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/15/2004. Referred to Committee on Ways & Means.
AN ACT Relating to establishing a public safety employees' retirement system plan 2; amending RCW 41.45.010, 41.45.020, 41.45.050, 41.50.030, 41.50.060, 41.50.075, 41.50.080, 41.50.110, 41.50.150, 41.50.152, 41.50.255, 41.50.500, 41.50.670, 41.50.790, 41.40.010, 41.26.500, 41.32.800, 41.35.230, 41.40.690, 41.54.010, 41.54.040, 41.32.802, 41.32.862, and 41.35.060; reenacting and amending RCW 41.45.060, 41.45.061, 41.45.070, 43.84.092, and 41.40.037; adding a new section to chapter 41.40 RCW; adding a new chapter to Title 41 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature to
establish a separate public safety employees' retirement system for
those public employees whose jobs contain a high degree of physical
risk to their own personal safety and who engage in duties contained in
this section. The duties involved in these jobs include providing
public protection of lives and property, the authority and power to
arrest, conducting criminal investigations, enforcing the criminal laws
of the state of Washington, and the authority to carry a firearm as
part of the job. Qualifications and training for these jobs include
passage of a civil service examination and completion of the Washington
criminal justice training commission basic training course or
equivalent. Only those job classes specifically included in section
2(5) of this act by the legislature are public safety employees, and
only for service earned after the effective date of the inclusion of
that job class in section 2(5) of this act.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter, unless the context clearly requires otherwise.
(1) "Retirement system" means the Washington public safety
employees' retirement system provided for in this act.
(2) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer" means the Washington state department of
corrections, the Washington state parks and recreation commission, the
Washington state gambling commission, the Washington state patrol, the
Washington state liquor control board, county corrections departments,
and city corrections departments not covered under chapter 41.28 RCW.
(5) "Member" means any employee employed by an employer on a
full-time, fully compensated basis within the following job classes in
effect as of January 1, 2004: City corrections officers, jailers,
police support officers, custody officers, and bailiffs; county
corrections officers, jailers, custody officers, and sheriffs
corrections officers; county probation officers and probation
counselors; state correctional officers, correctional sergeants, and
community corrections officers; liquor enforcement officers; park
rangers; commercial vehicle enforcement officers; and gambling special
agents.
(6)(a) "Compensation earnable" for members, means salaries or wages
earned by a member during a payroll period for personal services,
including overtime payments, and shall include wages and salaries
deferred under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States internal revenue code, but shall
exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, or any form of severance pay.
(b) "Compensation earnable" for members also includes the following
actual or imputed payments, which are not paid for personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement, which are awarded or granted
as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation
earnable to the extent provided in this subsection, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the
member shall have the option of having such member's compensation
earnable be the greater of:
(A) The compensation earnable the member would have received had
such member not served in the legislature; or
(B) Such member's actual compensation earnable received for
nonlegislative public employment and legislative service combined. Any
additional contributions to the retirement system required because
compensation earnable under (b)(ii)(A) of this subsection is greater
than compensation earnable under (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045,
and 72.09.240;
(iv) Compensation that a member would have received but for a
disability occurring in the line of duty only as authorized by section
10 of this act;
(v) Compensation that a member receives due to participation in the
leave sharing program only as authorized by RCW 41.04.650 through
41.04.670; and
(vi) Compensation that a member receives for being in standby
status. For the purposes of this section, a member is in standby
status when not being paid for time actually worked and the employer
requires the member to be prepared to report immediately for work, if
the need arises, although the need may not arise.
(7) "Service" means periods of employment by a member on or after
July 1, 2006, for one or more employers for which compensation earnable
is paid. Compensation earnable earned for ninety or more hours in any
calendar month shall constitute one service credit month. Compensation
earnable earned for at least seventy hours but less than ninety hours
in any calendar month shall constitute one-half service credit month of
service. Compensation earnable earned for less than seventy hours in
any calendar month shall constitute one-quarter service credit month of
service. Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into account in
the computation of such retirement allowance or benefits.
(a) Service in any state elective position shall be deemed to be
full-time service.
(b) A member shall receive a total of not more than twelve service
credit months of service for such calendar year. If an individual is
employed in an eligible position by one or more employers the
individual shall receive no more than one service credit month during
any calendar month in which multiple service for ninety or more hours
is rendered.
(8) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(9) "Service credit month" means a month or an accumulation of
months of service credit which is equal to one.
(10) "Membership service" means all service rendered as a member.
(11) "Beneficiary" means any person in receipt of a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer by another person.
(12) "Regular interest" means such rate as the director may
determine.
(13) "Accumulated contributions" means the sum of all contributions
standing to the credit of a member in the member's individual account,
including any amount paid under RCW 41.50.165(2), together with the
regular interest thereon.
(14) "Average final compensation" means the member's average
compensation earnable of the highest consecutive sixty months of
service credit months prior to such member's retirement, termination,
or death. Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except under
section 35 of this act.
(15) "Final compensation" means the annual rate of compensation
earnable by a member at the time of termination of employment.
(16) "Annuity" means payments for life derived from accumulated
contributions of a member. All annuities shall be paid in monthly
installments.
(17) "Pension" means payments for life derived from contributions
made by the employer. All pensions shall be paid in monthly
installments.
(18) "Retirement allowance" means monthly payments to a retiree or
beneficiary as provided in this chapter.
(19) "Employee" or "employed" means a person who is providing
services for compensation to an employer, unless the person is free
from the employer's direction and control over the performance of work.
The department shall adopt rules and interpret this subsection
consistent with common law.
(20) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality and other tables as may be
adopted by the director.
(21) "Retirement" means withdrawal from active service with a
retirement allowance as provided by this chapter.
(22) "Eligible position" means any permanent, full-time, fully
compensated position included in subsection (5) of this section.
(23) "Ineligible position" means any position which does not
conform with the requirements set forth in subsection (22) of this
section.
(24) "Leave of absence" means the period of time a member is
authorized by the employer to be absent from service without being
separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer while a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(28) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(29) "Plan" means the Washington public safety employees'
retirement system plan 2.
(30) "Index" means, for any calendar year, that year's annual
average consumer price index, Seattle, Washington area, for urban wage
earners and clerical workers, all items, compiled by the bureau of
labor statistics, United States department of labor.
(31) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(32) "Index B" means the index for the year prior to index A.
(33) "Adjustment ratio" means the value of index A divided by index
B.
(34) "Separation from service" occurs when a person has terminated
all employment with an employer.
NEW SECTION. Sec. 3 A retirement system is hereby created for
public safety employees of the Washington state department of
corrections, the Washington state parks and recreation commission, the
Washington state gambling commission, the Washington state patrol, the
Washington state liquor control board, county corrections departments,
and city corrections departments not covered under chapter 41.28 RCW.
The administration and management of the retirement system, the
responsibility for making effective the provisions of this chapter, and
the authority to make all rules necessary therefor are hereby vested in
the department. All rules shall be governed by chapter 34.05 RCW.
This retirement system shall be known as the Washington public safety
employees' retirement system.
NEW SECTION. Sec. 4 Membership in the retirement system shall
consist of all regularly compensated public safety employees who are
members as defined in section 2(5) of this act, with the following
exceptions:
(1) Persons in ineligible positions;
(2)(a) Persons holding elective offices or persons appointed
directly by the governor: PROVIDED, That such persons shall have the
option of applying for membership during such periods of employment:
AND PROVIDED FURTHER, That any persons holding or who have held
elective offices or persons appointed by the governor who are members
in the retirement system and who have, prior to becoming such members,
previously held an elective office, and did not at the start of such
initial or successive terms of office exercise their option to become
members, may apply for membership to be effective during such term or
terms of office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of the employee
contributions therefor by the employee with interest as determined by
the director and employer contributions therefor by the employer or
employee with interest as determined by the director: AND PROVIDED
FURTHER, That all contributions with interest submitted by the employee
under this subsection shall be placed in the employee's individual
account in the employee's savings fund and be treated as any other
contribution made by the employee, with the exception that any
contributions submitted by the employee in payment of the employer's
obligation, together with the interest the director may apply to the
employer's contribution, shall not be considered part of the member's
annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to apply for
membership pursuant to (a) of this subsection and who later wishes to
be eligible for a retirement allowance shall have the option of ending
his or her membership in the retirement system. A member wishing to
end his or her membership under this subsection must file on a form
supplied by the department a statement indicating that the member
agrees to irrevocably abandon any claim for service for future periods
served as an elected official. A member who receives more than fifteen
thousand dollars per year in compensation for his or her elective
service, adjusted annually for inflation by the director, is not
eligible for the option provided by this subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following
reemployment in an eligible position, a retiree may elect to
prospectively become a member of the retirement system if otherwise
eligible;
(4) Persons enrolled in state-approved apprenticeship programs,
authorized under chapter 49.04 RCW, and who are employed by employers
to earn hours to complete such apprenticeship programs, if the employee
is a member of a union-sponsored retirement plan and is making
contributions to such a retirement plan or if the employee is a member
of a Taft-Hartley retirement plan;
(5) Persons rendering professional services to an employer on a
fee, retainer, or contract basis or when the income from these services
is less than fifty percent of the gross income received from the
person's practice of a profession; and
(6) Employees who (a) are not citizens of the United States, (b)
are not covered by chapter 41.48 RCW, (c) are not excluded from
membership under this chapter or chapter 41.04 RCW, (d) are residents
of this state, and (e) make an irrevocable election to be excluded from
membership, in writing, which is submitted to the director within
thirty days after employment in an eligible position.
NEW SECTION. Sec. 5 A new section is added to chapter 41.40 RCW
to read as follows:
(1) An employee who was a member of the public employees'
retirement system plan 2 or plan 3 before July 1, 2006, and on the
effective date of this act is employed by an employer as defined in
section 2(4) of this act and is an employee in a job class included in
section 2(5) of this act, has the following options during the election
period:
(a) Remain a member of the public employees' retirement system; or
(b) Become a member of the public safety employees' retirement
system plan 2. All members will be dual members as provided in chapter
41.54 RCW, and public employees' retirement system service credit may
not be transferred to the public safety employees' retirement system
plan 2.
(2) The "election period" is the period between July 1, 2006, and
September 30, 2006.
(3) During the election period, employees remain members of the
public employees' retirement system plan 2 or plan 3 until they elect
to join the public safety employees' retirement system. Members who
elect to join the public safety employees' retirement system as
described in subsection (1) of this section will have their membership
begin prospectively from the date of their election.
(4) If after September 30, 2006, the member has not made an
election to join the public safety employees' retirement system he or
she will remain in the public employees' retirement system plan 2 or
plan 3.
(5) An employee who was a member of the public employees'
retirement system plan 1 on or before July 1, 2006, and on or after the
effective date of this act is employed by an employer as defined in
section 2(4) of this act as an employee in a job class included in
section 2(5) of this act, shall remain a member of the public
employees' retirement system plan 1.
(6) All new employees hired on or after July 1, 2006, who become
employed by an employer as defined in section 2(4) of this act as an
employee in a job class included in section 2(5) of this act will
become members of the public safety employees' retirement system.
NEW SECTION. Sec. 6 Any person who has been employed in a
nonelective position for at least nine months and who has made member
contributions required under this chapter throughout such period, shall
be deemed to have been in an eligible position during such period of
employment.
NEW SECTION. Sec. 7 Within thirty days after his or her
employment or his or her acceptance into membership each employee shall
submit to the department a statement of his or her name and such other
information as the department shall require. Compliance with this
section is a condition of employment and failure by an employee to
comply may result in separation from service.
NEW SECTION. Sec. 8 (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 eight 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 sixty hours per month. Any benefit
reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) A retiree who has satisfied the break in employment requirement
of subsection (1) of this section may work up to eight hundred sixty-
seven hours per calendar year in an eligible position as defined in
RCW 41.32.010, 41.35.010, or 41.40.010, without suspension of his or
her benefit.
(3) If the retiree opts to reestablish membership under this
chapter, he or she terminates his or her retirement status and becomes
a member. Retirement benefits shall not accrue during the period of
membership and the individual shall make contributions and receive
membership credit. Such a member shall have the right to again retire
if eligible in accordance with this chapter. However, if the right to
retire is exercised to become effective before the member has rendered
two uninterrupted years of service, the retirement formula and survivor
options the member had at the time of the member's previous retirement
shall be reinstated.
(4) The department shall collect and provide the state actuary with
information relevant to the use of this section for the select
committee on pension policy.
NEW SECTION. Sec. 9 Those members subject to this chapter who
became disabled in the line of duty and who received or are receiving
benefits under Title 51 RCW or a similar federal workers' compensation
program shall receive or continue to receive service credit subject to
the following:
(1) No member may receive more than one month's service credit in
a calendar month.
(2) No service credit under this section may be allowed after a
member separates or is separated without leave of absence.
(3) Employer contributions shall be paid by the employer at the
rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the employer and
paid to the department at the rate in effect for the period of service
credited.
(5) Contributions shall be based on the regular compensation which
the member would have received had the disability not occurred. If
contribution payments are made retroactively, interest shall be charged
at the rate set by the director on both employee and employer
contributions. Service credit shall not be granted until the employee
contribution has been paid.
(6) The service and compensation credit shall not be granted for a
period to exceed twelve consecutive months.
(7) Should the legislature revoke the service credit authorized
under this section or repeal this section, no affected employee is
entitled to receive the credit as a matter of contractual right.
NEW SECTION. Sec. 10 The deductions from the compensation of
members, provided for in section 28 of this act, shall be made
notwithstanding that the minimum compensation provided for by law for
any member shall be reduced thereby. Every member shall be deemed to
consent and agree to the deductions made and provided for in this
chapter and receipt in full for his or her salary or compensation, and
payment, less the deductions, shall be a full and complete discharge
and acquittance of all claims and demands whatsoever for the services
rendered by the person during the period covered by the payment, except
as to benefits provided for under this chapter.
NEW SECTION. Sec. 11 (1) The director shall report to each
employer the contribution rates required for the ensuing biennium or
fiscal year, whichever is applicable.
(2) Beginning July 1, 2006, the amount to be collected as the
employer's contribution shall be computed by applying the applicable
rates established in chapter 41.45 RCW to the total compensation
earnable of employer's members as shown on the current payrolls of the
employer. Each employer shall compute at the end of each month the
amount due for that month and the same shall be paid as are its other
obligations.
(3) In the event of failure, for any reason, of an employer other
than a political subdivision of the state to have remitted amounts due
for membership service of any of the employer's members rendered during
a prior biennium, the director shall bill that employer for the
employer's contribution together with the charges the director deems
appropriate in accordance with RCW 41.50.120. This billing shall be
paid by the employer as, and the same shall be, a proper charge against
any moneys available or appropriated to the employer for payment of
current biennial payrolls.
NEW SECTION. Sec. 12 (1) Subject to subsections (2) and (3) of
this section, the right of a person to a pension, an annuity, or
retirement allowance, any optional benefit, any other right accrued or
accruing to any person under this chapter, the various funds created by
this chapter, and all moneys and investments and income thereof, are
hereby exempt from any state, county, municipal, or other local tax,
and shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section does not prohibit a beneficiary of a retirement
allowance from authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its
political subdivisions and which has been approved for deduction in
accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of dues and other membership fees to any
retirement association or organization the membership of which is
composed of retired public employees, if a total of three hundred or
more retired employees have authorized the deduction for payment to the
same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the department
from complying with (a) a wage assignment order for child support
issued pursuant to chapter 26.18 RCW, (b) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll
deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order directing
the department to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
NEW SECTION. Sec. 13 A member shall not receive a disability
retirement benefit under section 29 of this act if the disability is
the result of criminal conduct by the member committed after July 1,
2006.
NEW SECTION. Sec. 14 (1) A one hundred fifty thousand dollar
death benefit shall be paid to the member's estate, or the person or
persons, trust, or organization the member has nominated by written
designation duly executed and filed with the department. If the
designated person or persons are not still living at the time of the
member's death, the member's death benefit shall be paid to the
member's surviving spouse as if in fact the spouse had been nominated
by written designation, or if there is no surviving spouse, then to the
member's legal representatives.
(2) The benefit under this section shall be paid only where death
occurs as a result of injuries sustained in the course of employment.
The determination of eligibility for the benefit shall be made
consistent with Title 51 RCW by the department of labor and industries.
The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050.
NEW SECTION. Sec. 15 Any person who knowingly makes any false
statements, or falsifies or permits to be falsified any record or
records of this retirement system in any attempt to defraud the
retirement system as a result of such an act, is guilty of a gross
misdemeanor.
NEW SECTION. Sec. 16 Any person aggrieved by any decision of the
department affecting his or her legal rights, duties, or privileges
must, before he or she appeals to the courts, file with the director by
mail or personally within sixty days from the day the decision was
communicated to the person, a notice for a hearing before the
director's designee. The notice of hearing shall set forth in full
detail the grounds upon which the person considers the decision unjust
or unlawful and shall include every issue to be considered by the
department, and it must contain a detailed statement of facts upon
which the person relies in support of the appeal. These persons shall
be deemed to have waived all objections or irregularities concerning
the matter on which the appeal is taken, other than those specifically
set forth in the notice of hearing or appearing in the records of the
retirement system.
NEW SECTION. Sec. 17 Following its receipt of a notice for
hearing in accordance with section 16 of this act, a hearing shall be
held by the director or an authorized representative, in the county of
the residence of the claimant at a time and place designated by the
director. This hearing shall be conducted and governed in all respects
by chapter 34.05 RCW.
NEW SECTION. Sec. 18 Judicial review of any final decision and
order by the director is governed by chapter 34.05 RCW.
NEW SECTION. Sec. 19 A bond of any kind shall not be required of
a claimant appealing to the superior court, the court of appeals, or
the supreme court from a finding of the department affecting the
claimant's right to retirement or disability benefits.
NEW SECTION. Sec. 20 RCW 43.01.044 shall not result in any
increase in retirement benefits. The rights extended to state officers
and employees under RCW 43.01.044 are not intended to and shall not
have any effect on retirement benefits under this chapter.
NEW SECTION. Sec. 21 (1) The annual compensation taken into
account in calculating retiree benefits under this system shall not
exceed the limits imposed by section 401(a)(17) of the federal internal
revenue code for qualified trusts.
(2) The department shall adopt rules as necessary to implement this
section.
NEW SECTION. Sec. 22 Beginning July 1, 2006, and every year
thereafter, the department shall determine the following information
for each retired member or beneficiary whose retirement allowance has
been in effect for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective date of
the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index A.
The value of the ratio obtained shall be the annual adjustment to
the original retirement allowance and shall be applied beginning with
the July payment. In no event, however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than the original
retirement allowance;
(b) Exceed three percent in the initial annual adjustment; or
(c) Differ from the previous year's annual adjustment by more than
three percent.
For the purposes of this section, "index" means, for any calendar
year, that year's average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items, compiled
by the bureau of labor statistics, United States department of labor.
NEW SECTION. Sec. 23 (1) Upon retirement for service as
prescribed in section 27 of this act or retirement for disability under
section 29 of this act, a member shall elect to have the retirement
allowance paid pursuant to one of the following options, calculated so
as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall
receive a retirement allowance payable throughout the member's life.
If the retiree dies before the total of the retirement allowance paid
to the retiree equals the amount of the retiree's accumulated
contributions at the time of retirement, then the balance shall be paid
to the member's estate, or the person or persons, trust, or
organization the retiree nominated by written designation duly executed
and filed with the department; or if there is no designated person or
persons still living at the time of the retiree's death, then to the
surviving spouse; or if there is neither a designated person or persons
still living at the time of death nor a surviving spouse, then to the
retiree's legal representative.
(b) The department shall adopt rules that allow a member to select
a retirement option that pays the member a reduced retirement allowance
and upon death, the portion of the member's reduced retirement
allowance as the department by rule designates shall be continued
throughout the life of and paid to a person nominated by the member by
written designation duly executed and filed with the department at the
time of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent
survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of
his or her spouse to the option selected under this section, except as
provided in (b) of this subsection. If a member is married and both
the member and the member's spouse do not give written consent to an
option under this section, the department shall pay a joint and fifty
percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section unless
spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the department at
least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the
member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do
not apply.
(3) The department shall adopt rules that allow a member additional
actuarially equivalent survivor benefit options, and shall include, but
are not limited to:
(a)(i) A retired member who retired without designating a survivor
beneficiary shall have the opportunity to designate their spouse from
a postretirement marriage as a survivor during a one-year period
beginning one year after the date of the postretirement marriage
provided the retirement allowance payable to the retiree is not subject
to periodic payments pursuant to a property division obligation as
provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to
the effective date of the rules adopted pursuant to this subsection and
satisfies the conditions of (a)(i) of this subsection shall have one
year to designate their spouse as a survivor beneficiary following the
adoption of the rules.
(b) A retired member who elected to receive a reduced retirement
allowance under this section and designated a nonspouse as survivor
beneficiary shall have the opportunity to remove the survivor
designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to
ensure that the benefits provided under this subsection remain
actuarially equivalent.
(4) The department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree
of dissolution made before retirement to provide that benefits payable
to a member who meets the length of service requirements of section 27
of this act and the member's divorcing spouse be divided into two
separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection
(1) of this section upon retirement, and if remarried at the time of
retirement remains subject to the spousal consent requirements of
subsection (2) of this section. Any reductions of the member's benefit
subsequent to the division into two separate benefits shall be made
solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving
their separate benefit upon reaching the age provided in section 27(1)
of this act and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree
of dissolution made after retirement may only divide the benefit into
two separate benefits payable over the life of each spouse if the
nonmember ex spouse was selected as a survivor beneficiary at
retirement.
The retired member may later choose the survivor benefit options
available in subsection (3) of this section. Any actuarial reductions
subsequent to the division into two separate benefits shall be made
solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be
eligible to commence receiving their separate benefits upon filing a
copy of the dissolution order with the department in accordance with
RCW 41.50.670.
(c) The department may make an additional charge or adjustment if
necessary to ensure that the separate benefits provided under this
subsection are actuarially equivalent to the benefits payable prior to
the decree of dissolution.
NEW SECTION. Sec. 24 (1) Except as provided in section 8 of this
act, a retiree shall not be eligible to receive the retiree's monthly
retirement allowance if he or she is employed in an eligible position
as defined in section 2 of this act, or RCW 41.35.010, 41.40.010, or
41.32.010, or as a law enforcement officer or fire fighter as defined
in RCW 41.26.030, except that a retiree who ends his or her membership
in the retirement system pursuant to section 4(2)(b) of this act is not
subject to this section if the retiree's only employment is as an
elective official.
(2) If a retiree's benefits have been suspended under this section,
his or her benefits shall be reinstated when the retiree terminates the
employment that caused his or her benefits to be suspended. Upon
reinstatement, the retiree's benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(3) The department shall adopt rules implementing this section.
NEW SECTION. Sec. 25 A member of the retirement system shall
receive a retirement allowance equal to two percent of such member's
average final compensation for each service credit year of service.
NEW SECTION. Sec. 26 (1) The director may pay a member eligible
to receive a retirement allowance or the member's beneficiary, subject
to subsection (5) of this section, a lump sum payment in lieu of a
monthly benefit if the initial monthly benefit computed in accordance
with section 25 of this act would be less than fifty dollars. The lump
sum payment shall be the greater of the actuarial equivalent of the
monthly benefits or an amount equal to the individual's accumulated
contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to subsection (5) of this
section, who is receiving a regular monthly benefit of less than fifty
dollars may request, in writing, to convert from a monthly benefit to
a lump sum payment. If the director approves the conversion, the
calculation of the actuarial equivalent of the total estimated regular
benefit will be computed based on the beneficiary's age at the time the
benefit initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit accrual
date.
(3) Persons covered under subsection (1) of this section may upon
returning to member status reinstate all previous service by depositing
the lump sum payment received, with interest as computed by the
director, within two years of returning to service or prior to
reretiring, whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if the lump sum
payment had not occurred.
(4) If a member fails to meet the time limitations under subsection
(3) of this section, reinstatement of all previous service will occur
if the member pays the amount required under RCW 41.50.165(2). The
amount, however, shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement
allowance under section 27 of this act or an earned disability
allowance under section 29 of this act qualify for participation under
this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be retired
from this system.
NEW SECTION. Sec. 27 (1) NORMAL RETIREMENT. Any member with at
least five service credit years who has attained at least age sixty-five shall be eligible to retire and to receive a retirement allowance
computed according to section 25 of this act.
(2) UNREDUCED RETIREMENT. Any member who has completed at least
ten service credit years in the public safety employees' retirement
system and has attained age sixty shall be eligible to retire and to
receive a retirement allowance computed according to section 25 of this
act.
(3) EARLY RETIREMENT. Any member who has completed at least twenty
service credit years and has attained age fifty-three shall be eligible
to retire and to receive a retirement allowance computed according to
section 25 of this act, except that a member retiring pursuant to this
subsection shall have the retirement allowance reduced by three percent
per year to reflect the difference in the number of years between age
at retirement and the attainment of age sixty.
NEW SECTION. Sec. 28 The required contribution rates to the
retirement system for both members and employers shall be established
by the director from time to time as may be necessary upon the advice
of the state actuary. The state actuary shall use the aggregate
actuarial cost method to calculate contribution rates. The employer
contribution rate calculated under this section shall be used only for
the purpose of determining the amount of employer contributions to be
deposited in the plan 2 fund from the total employer contributions
collected under section 11 of this act.
Contribution rates required to fund the costs of the retirement
system shall always be equal for members and employers, except under
this section. Any adjustments in contribution rates required from time
to time for future costs shall likewise be shared equally by the
members and employers.
Any increase in the contribution rate required as the result of a
failure of an employer to make any contribution required by this
section shall be borne in full by the employer not making the
contribution.
The director shall notify all employers of any pending adjustment
in the required contribution rate and the increase shall be announced
at least thirty days prior to the effective date of the change.
A member's contributions required by this section shall be deducted
from the member's compensation earnable each payroll period. The
member's contribution and the employer's contribution shall be remitted
directly to the department within fifteen days following the end of the
calendar month during which the payroll period ends.
NEW SECTION. Sec. 29 (1)(a) A member of the retirement system
with at least ten years of service in the public safety employees'
retirement system who becomes totally incapacitated for continued
employment as an employee by an employer, as determined by the
department, shall be eligible to receive an allowance under sections 25
through 35 of this act. The member shall receive a monthly disability
allowance computed as provided for in section 25 of this act and shall
have this allowance actuarially reduced to reflect the difference in
the number of years between age at disability and the attainment of age
sixty.
(b) A member of the retirement system with less than ten years of
service who becomes totally incapacitated for continued employment by
an employer, as determined by the department, shall be eligible to
receive an allowance under sections 25 through 35 of this act. The
member shall receive a monthly disability allowance computed as
provided for in section 25 of this act and shall have this allowance
actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
(2) Any member who receives an allowance under this section shall
be subject to comprehensive medical examinations as required by the
department. If these medical examinations reveal that a member has
recovered from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member
shall cease to be eligible for the allowance.
(3) If the recipient of a monthly allowance under this section dies
before the total of the allowance payments equal the amount of the
accumulated contributions at the date of retirement, then the balance
shall be paid to the member's estate, or the person or persons, trust,
or organization the recipient has nominated by written designation duly
executed and filed with the director. If there is no designated person
or persons still living at the time of the recipient's death, then to
the surviving spouse, or, if there is no designated person or persons
still living at the time of his or her death nor a surviving spouse,
then to his or her legal representative.
NEW SECTION. Sec. 30 Any member or beneficiary eligible to
receive a retirement allowance under section 27, 29, or 31 of this act
shall be eligible to commence receiving a retirement allowance after
having filed written application with the department.
(1) Retirement allowances paid to members under section 27 of this
act shall accrue from the first day of the calendar month immediately
following the member's separation from employment.
(2) Retirement allowances paid to vested members no longer in
service, but qualifying for an allowance pursuant to section 27 of this
act, shall accrue from the first day of the calendar month immediately
following the qualification.
(3) Disability allowances paid to disabled members under section 29
of this act shall accrue from the first day of the calendar month
immediately following the member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits under section 31
of this act shall accrue from the first day of the calendar month
immediately following the member's death.
NEW SECTION. Sec. 31 (1) Except as provided in RCW 11.07.010, if
a member or a vested member who has not completed at least ten years of
service dies, the amount of the accumulated contributions standing to
that member's credit in the retirement system at the time of the
member's death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to the member's estate, or the
person or persons, trust, or organization as the member shall have
nominated by written designation duly executed and filed with the
department. If there is no designated person or persons still living
at the time of the member's death, the member's accumulated
contributions standing to the member's credit in the retirement system,
less any amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under RCW
41.50.670, shall be paid to the member's surviving spouse as if in fact
that spouse had been nominated by written designation, or if there is
no surviving spouse, then to the member's legal representatives.
(2) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in section 27
of this act, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under section 23 of this act and, except under
subsection (4) of this section, if the member was not eligible for
normal retirement at the date of death a further reduction as described
in section 27 of this act; if a surviving spouse who is receiving a
retirement allowance dies leaving a child or children of the member
under the age of majority, then the child or children shall continue to
receive an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until the
child or children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the member's
death, the member's child or children under the age of majority shall
receive an allowance, share and share alike, calculated under this
section making the assumption that the ages of the spouse and member
were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies and is not survived by a
spouse or an eligible child, then the accumulated contributions
standing to the member's credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization as the
member shall have nominated by written designation duly executed and
filed with the department; or
(b) If there is no designated person or persons still living at the
time of the member's death, then to the member's legal representatives.
(4) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
is not subject to an actuarial reduction under section 27 of this act.
The member's retirement allowance is computed under section 25 of this
act.
NEW SECTION. Sec. 32 (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to receive
service credit as provided for under sections 25 through 35 of this
act.
(2) A member who receives compensation from an employer while on an
authorized leave of absence to serve as an elected official of a labor
organization, and whose employer is reimbursed by the labor
organization for the compensation paid to the member during the period
of absence, may also be considered to be on a paid leave of absence.
This subsection shall only apply if the member's leave of absence is
authorized by a collective bargaining agreement that provides that the
member retains seniority rights with the employer during the period of
leave. The compensation earnable reported for a member who establishes
service credit under this subsection may not be greater than the salary
paid to the highest paid job class covered by the collective bargaining
agreement.
(3) Except as specified in subsection (4) of this section, a member
shall be eligible to receive a maximum of two years service credit
during a member's entire working career for those periods when a member
is on an unpaid leave of absence authorized by an employer. This
credit may be obtained only if:
(a) The member makes both the employer and member contributions
plus interest as determined by the department for the period of the
authorized leave of absence within five years of resumption of service
or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but prior to
retirement, pay the amount required under RCW 41.50.165(2).
The contributions required under (a) of this subsection shall be
based on the average of the member's compensation earnable at both the
time the authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to enter the
armed forces of the United States shall be entitled to retirement
system service credit for up to five years of military service. This
subsection shall be administered in a manner consistent with the
requirements of the federal uniformed services employment and
reemployment rights act.
(a) The member qualifies for service credit under this subsection
if:
(i) Within ninety days of the member's honorable discharge from the
United States armed forces, the member applies for reemployment with
the employer who employed the member immediately prior to the member
entering the United States armed forces; and
(ii) The member makes the employee contributions required under
section 28 of this act within five years of resumption of service or
prior to retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of service the
member pays the amount required under RCW 41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of this
subsection, the department shall establish the member's service credit
and shall bill the employer for its contribution required under section
28 of this act for the period of military service, plus interest as
determined by the department.
(c) The contributions required under (a)(ii) of this subsection
shall be based on the compensation the member would have earned if not
on leave, or if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to when the
member went on military leave.
NEW SECTION. Sec. 33 A member who separates or has separated
after having completed at least five years of service may remain a
member during the period of the member's absence from service for the
exclusive purpose only of receiving a retirement allowance under
section 27 of this act if the member maintains the member's accumulated
contributions intact.
NEW SECTION. Sec. 34 A member who ceases to be an employee of an
employer except by service or disability retirement may request a
refund of the member's accumulated contributions. The refund shall be
made within ninety days following the receipt of the request and
notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial payment
shall be made within thirty days of receipt of request for such payment
and notification of termination through the contribution reporting
system by the employer. A member who files a request for refund and
subsequently enters into employment with another employer prior to the
refund being made shall not be eligible for a refund. The refund of
accumulated contributions shall terminate all rights to benefits under
sections 25 through 35 of this act.
NEW SECTION. Sec. 35 (1) A member, who had left service and
withdrawn the member's accumulated contributions, shall receive service
credit for prior service if the member restores all withdrawn
accumulated contributions together with interest since the time of
withdrawal as determined by the department.
The restoration of funds must be completed within five years of the
resumption of service or prior to retirement, whichever occurs first.
(2) If a member fails to meet the time limitations of subsection
(1) of this section, the member may receive service credit destroyed by
the withdrawn contributions if the amount required under RCW
41.50.165(2) is paid.
Sec. 36 RCW 41.45.010 and 2002 c 26 s 3 are each amended to read
as follows:
It is the intent of the legislature to provide a dependable and
systematic process for funding the benefits provided to members and
retirees of the public employees' retirement system, chapter 41.40 RCW;
the teachers' retirement system, chapter 41.32 RCW; the law enforcement
officers' and fire fighters' retirement systems, chapter 41.26 RCW; the
school employees' retirement system, chapter 41.35 RCW; the public
safety employees' retirement system, chapter 41.-- RCW (sections 1
through 4 and 6 through 35 of this act); and the Washington state
patrol retirement system, chapter 43.43 RCW.
The legislature finds that the funding status of the state
retirement systems has improved dramatically since 1989. Because of
the big reduction in unfunded pension liabilities, it is now prudent to
adjust the long-term economic assumptions that are used in the
actuarial studies conducted by the state actuary. The legislature
finds that it is reasonable to increase the salary growth assumption in
light of Initiative Measure No. 732, to increase the investment return
assumption in light of the asset allocation policies and historical
returns of the state investment board, and to reestablish June 30,
2024, as the target date to achieve full funding of all liabilities in
the public employees' retirement system plan 1, the teachers'
retirement system plan 1, and the law enforcement officers' and fire
fighters' retirement system plan 1.
The funding process established by this chapter is intended to
achieve the following goals:
(1) To ((continue to)) fully fund the public employees' retirement
system plans 2 and 3, the teachers' retirement system plans 2 and 3,
the school employees' retirement system plans 2 and 3, the public
safety employees' retirement system plan 2, and the law enforcement
officers' and fire fighters' retirement system plan 2 as provided by
law;
(2) To fully amortize the total costs of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
the law enforcement officers' and fire fighters' retirement system plan
1, not later than June 30, 2024;
(3) To establish predictable long-term employer contribution rates
which will remain a relatively constant proportion of the future state
budgets; and
(4) To fund, to the extent feasible, benefit increases for plan 1
members and all benefits for plan 2 and 3 members over the working
lives of those members so that the cost of those benefits are paid by
the taxpayers who receive the benefit of those members' service.
Sec. 37 RCW 41.45.020 and 2003 c 295 s 8 are each amended to read
as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Council" means the pension funding council created in RCW
41.45.100.
(2) "Department" means the department of retirement systems.
(3) "Law enforcement officers' and fire fighters' retirement system
plan 1" and "law enforcement officers' and fire fighters' retirement
system plan 2" means the benefits and funding provisions under chapter
41.26 RCW.
(4) "Public employees' retirement system plan 1," "public
employees' retirement system plan 2," and "public employees' retirement
system plan 3" mean the benefits and funding provisions under chapter
41.40 RCW.
(5) "Teachers' retirement system plan 1," "teachers' retirement
system plan 2," and "teachers' retirement system plan 3" mean the
benefits and funding provisions under chapter 41.32 RCW.
(6) "School employees' retirement system plan 2" and "school
employees' retirement system plan 3" mean the benefits and funding
provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means the
retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial accrued
liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary employed
under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement systems listed
in RCW 41.50.030.
(11) "Classified employee" means a member of the Washington school
employees' retirement system plan 2 or plan 3 as defined in RCW
41.35.010.
(12) "Teacher" means a member of the teachers' retirement system as
defined in RCW 41.32.010(15).
(13) "Select committee" means the select committee on pension
policy created in RCW 41.04.276.
(14) "Public safety employees' retirement system plan 2" means the
benefits and funding provisions established under chapter 41.-- RCW
(sections 1 through 4 and 6 through 35 of this act).
Sec. 38 RCW 41.45.050 and 2002 c 26 s 5 are each amended to read
as follows:
(1) Employers of members of the public employees' retirement
system, the teachers' retirement system, the school employees'
retirement system, the public safety employees' retirement system, and
the Washington state patrol retirement system shall make contributions
to those systems based on the rates established in RCW 41.45.060((,
41.45.053,)) and 41.45.070.
(2) The state shall make contributions to the law enforcement
officers' and fire fighters' retirement system plan 2 based on the
rates established in RCW 41.45.060((, 41.45.053,)) and 41.45.070. The
state treasurer shall transfer the required contributions each month on
the basis of salary data provided by the department.
(3) The department shall bill employers, and the state shall make
contributions to the law enforcement officers' and fire fighters'
retirement system plan 2, using the combined rates established in RCW
41.45.060((, 41.45.053,)) and 41.45.070 regardless of the level of
appropriation provided in the biennial budget. Any member of an
affected retirement system may, by mandamus or other appropriate
proceeding, require the transfer and payment of funds as directed in
this section.
(4) The contributions received for the public employees' retirement
system shall be allocated between the public employees' retirement
system plan 1 fund and the public employees' retirement system combined
plan 2 and plan 3 fund as follows: The contributions necessary to
fully fund the public employees' retirement system combined plan 2 and
plan 3 employer contribution shall first be deposited in the public
employees' retirement system combined plan 2 and plan 3 fund. All
remaining public employees' retirement system employer contributions
shall be deposited in the public employees' retirement system plan 1
fund.
(5) The contributions received for the teachers' retirement system
shall be allocated between the plan 1 fund and the combined plan 2 and
plan 3 fund as follows: The contributions necessary to fully fund the
combined plan 2 and plan 3 employer contribution shall first be
deposited in the combined plan 2 and plan 3 fund. All remaining
teachers' retirement system employer contributions shall be deposited
in the plan 1 fund.
(6) The contributions received for the school employees' retirement
system shall be allocated between the public employees' retirement
system plan 1 fund and the school employees' retirement system combined
plan 2 and plan 3 fund as follows: The contributions necessary to
fully fund the combined plan 2 and plan 3 employer contribution shall
first be deposited in the combined plan 2 and plan 3 fund. All
remaining school employees' retirement system employer contributions
shall be deposited in the public employees' retirement system plan 1
fund.
(7) The contributions received for the law enforcement officers'
and fire fighters' retirement system plan 2 shall be deposited in the
law enforcement officers' and fire fighters' retirement system plan 2
fund.
(8) The contributions received for the public safety employees'
retirement system shall be allocated between the public employees'
retirement system plan 1 fund and the public safety employees'
retirement system plan 2 fund as follows: The contributions necessary
to fully fund the plan 2 employer contribution shall first be deposited
in the plan 2 fund. All remaining public safety employees' retirement
system employer contributions shall be deposited in the public
employees' retirement system plan 1 fund.
Sec. 39 RCW 41.45.060 and 2003 c 294 s 10 and 2003 c 92 s 3 are
each reenacted and amended to read as follows:
(1) The state actuary shall provide actuarial valuation results
based on the economic assumptions and asset value smoothing technique
included in RCW 41.45.035 or adopted by the council under RCW 41.45.030
or 41.45.035.
(2) Not later than September 30, 2002, and every two years
thereafter, consistent with the economic assumptions and asset value
smoothing technique included in RCW 41.45.035 or adopted under RCW
41.45.030 or 41.45.035, the council shall adopt and may make changes
to:
(a) A basic state contribution rate for the law enforcement
officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public employees'
retirement system, the teachers' retirement system, and the Washington
state patrol retirement system to be used in the ensuing biennial
period; and
(c) A basic employer contribution rate for the school employees'
retirement system and the public safety employees' retirement system
for funding both ((that)) those systems and the public employees'
retirement system plan 1.
The contribution rates adopted by the council shall be subject to
revision by the legislature.
(3) The employer and state contribution rates adopted by the
council shall be the level percentages of pay that are needed:
(a) To fully amortize the total costs of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
the law enforcement officers' and fire fighters' retirement system plan
1 not later than June 30, 2024; and
(b) To ((also continue to)) fully fund the public employees'
retirement system plans 2 and 3, the teachers' retirement system plans
2 and 3, the public safety employees' retirement system plan 2, and the
school employees' retirement system plans 2 and 3 in accordance with
RCW 41.45.061, 41.45.067, and this section.
(4) The aggregate actuarial cost method shall be used to calculate
a combined plan 2 and 3 employer contribution rate and a Washington
state patrol retirement system contribution rate.
(5) The council shall immediately notify the directors of the
office of financial management and department of retirement systems of
the state and employer contribution rates adopted. The rates shall be
effective for the ensuing biennial period, subject to any legislative
modifications.
(6) ((The director of the department of retirement systems shall
collect the rates established in RCW 41.45.053 through June 30, 2003.
Thereafter,)) The director shall collect those rates adopted by the
council. The rates established in RCW ((41.45.053)) 41.45.054, or by
the council, shall be subject to revision by the ((council))
legislature.
Sec. 40 RCW 41.45.061 and 2001 2nd sp.s. c 11 s 13, 2001 2nd
sp.s. c 11 s 12, and 2001 c 180 s 1 are each reenacted and amended to
read as follows:
(1) The required contribution rate for members of the plan 2
teachers' retirement system shall be fixed at the rates in effect on
July 1, 1996, subject to the following:
(a) Beginning September 1, 1997, except as provided in (b) of this
subsection, the employee contribution rate shall not exceed the
employer plan 2 and 3 rates adopted under RCW 41.45.060, ((41.45.053))
41.45.054, and 41.45.070 for the teachers' retirement system;
(b) In addition, the employee contribution rate for plan 2 shall be
increased by fifty percent of the contribution rate increase caused by
any plan 2 benefit increase passed after July 1, 1996;
(c) In addition, the employee contribution rate for plan 2 shall
not be increased as a result of any distributions pursuant to section
309, chapter 341, Laws of 1998 and RCW 41.31A.020.
(2) The required contribution rate for members of the school
employees' retirement system plan 2 shall equal the school employees'
retirement system employer plan 2 and 3 contribution rate adopted under
RCW 41.45.060, ((41.45.053)) 41.45.054, and 41.45.070, except as
provided in subsection (3) of this section.
(3) The member contribution rate for the school employees'
retirement system plan 2 shall be increased by fifty percent of the
contribution rate increase caused by any plan 2 benefit increase passed
after September 1, 2000.
(4) The required contribution rate for members of the public
employees' retirement system plan 2 shall be set at the same rate as
the employer combined plan 2 and plan 3 rate.
(5) The required contribution rate for members of the law
enforcement officers' and fire fighters' retirement system plan 2 shall
be set at fifty percent of the cost of the retirement system.
(6) The employee contribution rates for plan 2 under subsections
(3) and (4) of this section shall not include any increase as a result
of any distributions pursuant to RCW 41.31A.020 and 41.31A.030.
(7) The required plan 2 and 3 contribution rates for employers
shall be adopted in the manner described in RCW 41.45.060,
((41.45.053)) 41.45.054, and 41.45.070.
(8) The required contribution rate for members of the public safety
employees' retirement system plan 2 shall be set at fifty percent of
the cost of the retirement system.
Sec. 41 RCW 41.45.070 and 2003 1st sp.s. c 11 s 3 and 2003 c 92
s 5 are each reenacted and amended to read as follows:
(1) In addition to the basic employer contribution rate established
in RCW 41.45.060 or 41.45.054, the department shall also charge
employers of public employees' retirement system, teachers' retirement
system, school employees' retirement system, public safety employees'
retirement system, or Washington state patrol retirement system members
an additional supplemental rate to pay for the cost of additional
benefits, if any, granted to members of those systems. Except as
provided in subsections (6) and (7) of this section, the supplemental
contribution rates required by this section shall be calculated by the
state actuary and shall be charged regardless of language to the
contrary contained in the statute which authorizes additional benefits.
(2) In addition to the basic member, employer, and state
contribution rate established in RCW 41.45.0604 for the law enforcement
officers' and fire fighters' retirement system plan 2, the department
shall also establish supplemental rates to pay for the cost of
additional benefits, if any, granted to members of the law enforcement
officers' and fire fighters' retirement system plan 2. Except as
provided in subsection (6) of this section, these supplemental rates
shall be calculated by the actuary retained by the law enforcement
officers' and fire fighters' board and the state actuary through the
process provided in RCW 41.26.720(1)(a) and the state treasurer shall
transfer the additional required contributions regardless of language
to the contrary contained in the statute which authorizes the
additional benefits.
(3) The supplemental rate charged under this section to fund
benefit increases provided to active members of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
Washington state patrol retirement system, shall be calculated as the
level percentage of all members' pay needed to fund the cost of the
benefit not later than June 30, 2024.
(4) The supplemental rate charged under this section to fund
benefit increases provided to active and retired members of the public
employees' retirement system plan 2 and plan 3, the teachers'
retirement system plan 2 and plan 3, the public safety employees'
retirement system plan 2, or the school employees' retirement system
plan 2 and plan 3 shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit, as calculated
under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to fund
postretirement adjustments which are provided on a nonautomatic basis
to current retirees shall be calculated as the percentage of pay needed
to fund the adjustments as they are paid to the retirees. The
supplemental rate charged under this section to fund automatic
postretirement adjustments for active or retired members of the public
employees' retirement system plan 1 and the teachers' retirement system
plan 1 shall be calculated as the level percentage of pay needed to
fund the cost of the automatic adjustments not later than June 30,
2024.
(6) A supplemental rate shall not be charged to pay for the cost of
additional benefits granted to members pursuant to chapter 340, Laws of
1998.
(7) A supplemental rate shall not be charged to pay for the cost of
additional benefits granted to members pursuant to chapter 41.31A RCW;
section 309, chapter 341, Laws of 1998; or section 701, chapter 341,
Laws of 1998.
Sec. 42 RCW 41.50.030 and 1998 c 341 s 501 are each amended to
read as follows:
(1) As soon as possible but not more than one hundred and eighty
days after March 19, 1976, there is transferred to the department of
retirement systems, except as otherwise provided in this chapter, all
powers, duties, and functions of:
(a) The Washington public employees' retirement system;
(b) The Washington state teachers' retirement system;
(c) The Washington law enforcement officers' and fire fighters'
retirement system;
(d) The Washington state patrol retirement system;
(e) The Washington judicial retirement system; and
(f) The state treasurer with respect to the administration of the
judges' retirement fund imposed pursuant to chapter 2.12 RCW.
(2) On July 1, 1996, there is transferred to the department all
powers, duties, and functions of the deferred compensation committee.
(3) The department shall administer chapter 41.34 RCW.
(4) The department shall administer the Washington school
employees' retirement system created under chapter 41.35 RCW.
(5) The department shall administer the Washington public safety
employees' retirement system created under chapter 41.-- RCW (sections
1 through 4 and 6 through 35 of this act).
Sec. 43 RCW 41.50.060 and 1998 c 341 s 502 are each amended to
read as follows:
The director may delegate the performance of such powers, duties,
and functions, other than those relating to rule making, to employees
of the department, but the director shall remain and be responsible for
the official acts of the employees of the department.
The director shall be responsible for the public employees'
retirement system, the teachers' retirement system, the school
employees' retirement system, the judicial retirement system, the law
enforcement officers' and fire fighters' retirement system, the public
safety employees' retirement system, and the Washington state patrol
retirement system. The director shall also be responsible for the
deferred compensation program.
Sec. 44 RCW 41.50.075 and 2000 c 247 s 601 are each amended to
read as follows:
(1) Two funds are hereby created and established in the state
treasury to be known as the Washington law enforcement officers' and
fire fighters' system plan 1 retirement fund, and the Washington law
enforcement officers' and fire fighters' system plan 2 retirement fund
which shall consist of all moneys paid into them in accordance with the
provisions of this chapter and chapter 41.26 RCW, whether such moneys
take the form of cash, securities, or other assets. The plan 1 fund
shall consist of all moneys paid to finance the benefits provided to
members of the law enforcement officers' and fire fighters' retirement
system plan 1, and the plan 2 fund shall consist of all moneys paid to
finance the benefits provided to members of the law enforcement
officers' and fire fighters' retirement system plan 2.
(2) All of the assets of the Washington state teachers' retirement
system shall be credited according to the purposes for which they are
held, to two funds to be maintained in the state treasury, namely, the
teachers' retirement system plan 1 fund and the teachers' retirement
system combined plan 2 and 3 fund. The plan 1 fund shall consist of
all moneys paid to finance the benefits provided to members of the
Washington state teachers' retirement system plan 1, and the combined
plan 2 and 3 fund shall consist of all moneys paid to finance the
benefits provided to members of the Washington state teachers'
retirement system plan 2 and 3.
(3) There is hereby established in the state treasury two separate
funds, namely the public employees' retirement system plan 1 fund and
the public employees' retirement system combined plan 2 and plan 3
fund. The plan 1 fund shall consist of all moneys paid to finance the
benefits provided to members of the public employees' retirement system
plan 1, and the combined plan 2 and plan 3 fund shall consist of all
moneys paid to finance the benefits provided to members of the public
employees' retirement system plans 2 and 3.
(4) There is hereby established in the state treasury the school
employees' retirement system combined plan 2 and 3 fund. The combined
plan 2 and 3 fund shall consist of all moneys paid to finance the
benefits provided to members of the school employees' retirement system
plan 2 and plan 3.
(5) There is hereby established in the state treasury the public
safety employees' retirement system plan 2 fund. The plan 2 fund shall
consist of all moneys paid to finance the benefits provided to members
of the public safety employees' retirement system plan 2.
Sec. 45 RCW 41.50.080 and 1998 c 341 s 504 are each amended to
read as follows:
The state investment board shall provide for the investment of all
funds of the Washington public employees' retirement system, the
teachers' retirement system, the school employees' retirement system,
the Washington law enforcement officers' and fire fighters' retirement
system, the Washington state patrol retirement system, the Washington
judicial retirement system, the Washington public safety employees'
retirement system, and the judges' retirement fund, pursuant to RCW
43.84.150, and may sell or exchange investments acquired in the
exercise of that authority.
Sec. 46 RCW 41.50.110 and 2003 1st sp.s. c 25 s 914 are each
amended to read as follows:
(1) Except as provided by RCW 41.50.255 and subsection (6) of this
section, all expenses of the administration of the department, the
expenses of administration of the retirement systems, and the expenses
of the administration of the office of the state actuary created in
chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 41.-- (sections
1 through 4 and 6 through 35 of this act), 43.43, and 44.44 RCW shall
be paid from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement systems
expense fund on an equitable basis the department shall ascertain and
report to each employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, section 2 of this act, or 41.40.010, the sum necessary to
defray its proportional share of the entire expense of the
administration of the retirement system that the employer participates
in during the ensuing biennium or fiscal year whichever may be
required. Such sum is to be computed in an amount directly
proportional to the estimated entire expense of the administration as
the ratio of monthly salaries of the employer's members bears to the
total salaries of all members in the entire system. It shall then be
the duty of all such employers to include in their budgets or otherwise
provide the amounts so required.
(3) The department shall compute and bill each employer, as defined
in RCW 41.26.030, 41.32.010, 41.35.010, section 2 of this act, or
41.40.010, at the end of each month for the amount due for that month
to the department of retirement systems expense fund and the same shall
be paid as are its other obligations. Such computation as to each
employer shall be made on a percentage rate of salary established by
the department. However, the department may at its discretion
establish a system of billing based upon calendar year quarters in
which event the said billing shall be at the end of each such quarter.
(4) The director may adjust the expense fund contribution rate for
each system at any time when necessary to reflect unanticipated costs
or savings in administering the department.
(5) An employer who fails to submit timely and accurate reports to
the department may be assessed an additional fee related to the
increased costs incurred by the department in processing the deficient
reports. Fees paid under this subsection shall be deposited in the
retirement system expense fund.
(a) Every six months the department shall determine the amount of
an employer's fee by reviewing the timeliness and accuracy of the
reports submitted by the employer in the preceding six months. If
those reports were not both timely and accurate the department may
prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under this
subsection shall not exceed fifty percent of the standard fee.
(c) The department shall adopt rules implementing this section.
(6) Expenses other than those under RCW 41.34.060(3) shall be paid
pursuant to subsection (1) of this section.
(7) During the 2003-2005 fiscal biennium, the legislature may
transfer from the department of retirement systems' expense fund to the
state general fund such amounts as reflect the excess fund balance of
the fund.
Sec. 47 RCW 41.50.150 and 1998 c 341 s 509 are each amended to
read as follows:
(1) The employer of any employee whose retirement benefits are
based in part on excess compensation, as defined in this section,
shall, upon receipt of a billing from the department, pay into the
appropriate retirement system the present value at the time of the
employee's retirement of the total estimated cost of all present and
future benefits from the retirement system attributable to the excess
compensation. The state actuary shall determine the estimated cost
using the same method and procedure as is used in preparing fiscal note
costs for the legislature. However, the director may in the director's
discretion decline to bill the employer if the amount due is less than
fifty dollars. Accounts unsettled within thirty days of the receipt of
the billing shall be assessed an interest penalty of one percent of the
amount due for each month or fraction thereof beyond the original
thirty-day period.
(2) "Excess compensation," as used in this section, includes the
following payments, if used in the calculation of the employee's
retirement allowance:
(a) A cash out of unused annual leave in excess of two hundred
forty hours of such leave. "Cash out" for purposes of this subsection
means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent with a
reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance to the extent that payment qualifies as
reportable compensation in the member's retirement system;
(d) The portion of any payment, including overtime payments, that
exceeds twice the regular daily or hourly rate of pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed in RCW
41.50.030 and to retirements occurring on or after March 15, 1984.
Nothing in this section is intended to amend or determine the meaning
of any definition in chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.35,
41.-- (sections 1 through 4 and 6 through 35 of this act), or 43.43 RCW
or to determine in any manner what payments are includable in the
calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this section
because of the death of any person either before or after the billing
from the department.
Sec. 48 RCW 41.50.152 and 1998 c 341 s 510 are each amended to
read as follows:
(1) Except as limited by subsection (3) of this section, the
governing body of an employer under chapter 41.32, 41.35, 41.--(sections 1 through 4 and 6 through 35 of this act), or 41.40 RCW shall
comply with the provisions of subsection (2) of this section prior to
executing a contract or collective bargaining agreement with members
under chapter 41.32, 41.35, 41.-- (sections 1 through 4 and 6 through
35 of this act), or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two hundred
forty hours of such leave. "Cash out" for purposes of this subsection
means any payment in lieu of an accrual of annual leave or any payment
added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance;
(d) The portion of any payment, including overtime payments, that
exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that includes a
compensation provision listed in subsection (1) of this section shall
do so only after public notice in compliance with the open public
meetings act, chapter 42.30 RCW. This notification requirement may be
accomplished as part of the approval process for adopting a contract in
whole, and does not require separate or additional open public
meetings. At the public meeting, full disclosure shall be made of the
nature of the proposed compensation provision, and the employer's
estimate of the excess compensation billings under RCW 41.50.150 that
the employing entity would have to pay as a result of the proposed
compensation provision. The employer shall notify the department of
its compliance with this section at the time the department bills the
employer under RCW 41.50.150 for the pension impact of compensation
provisions listed in subsection (1) of this section that are adopted
after July 23, 1995.
(3) The requirements of subsection (2) of this section shall not
apply to the adoption of a compensation provision listed in subsection
(1) of this section if the compensation would not be includable in
calculating benefits under chapter 41.32, 41.35, 41.-- (sections 1
through 4 and 6 through 35 of this act), or 41.40 RCW for the employees
covered by the compensation provision.
Sec. 49 RCW 41.50.255 and 1998 c 341 s 511 are each amended to
read as follows:
The director is authorized to pay from the interest earnings of the
trust funds of the public employees' retirement system, the teachers'
retirement system, the Washington state patrol retirement system, the
Washington judicial retirement system, the judges' retirement system,
the school ((district)) employees' retirement system, the public safety
employees' retirement system, or the law enforcement officers' and fire
fighters' retirement system lawful obligations of the appropriate
system for legal expenses and medical expenses which expenses are
primarily incurred for the purpose of protecting the appropriate trust
fund or are incurred in compliance with statutes governing such funds.
The term "legal expense" includes, but is not limited to, legal
services provided through the legal services revolving fund, fees for
expert witnesses, travel expenses, fees for court reporters, cost of
transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses
for the medical examination or reexamination of members or retirees,
the costs of preparation of medical reports, and fees charged by
medical professionals for attendance at discovery proceedings or
hearings.
The director may also pay from the interest earnings of the trust
funds specified in this section costs incurred in investigating fraud
and collecting overpayments, including expenses incurred to review and
investigate cases of possible fraud against the trust funds and
collection agency fees and other costs incurred in recovering
overpayments. Recovered funds must be returned to the appropriate
trust funds.
Sec. 50 RCW 41.50.500 and 2000 c 247 s 603 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 41.50.500 through 41.50.650,
41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a withdrawal
of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits of an
individual remaining after the deduction from those benefits of any
amount required by law to be withheld. The term "required by law to be
withheld" does not include any deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or order of
spousal maintenance, property division, or court-approved property
settlement incident to a decree of divorce, dissolution, invalidity, or
legal separation issued by the superior court of the state of
Washington or a judgment, decree, or other order of spousal support
issued by a court of competent jurisdiction in another state or
country, that has been registered or otherwise made enforceable in this
state.
(4) "Mandatory benefits assignment order" means an order issued to
the department of retirement systems pursuant to RCW 41.50.570 to
withhold and deliver benefits payable to an obligor under chapter 2.10,
2.12, 41.26, 41.32, 41.40, 41.35, 41.-- (sections 1 through 4 and 6
through 35 of this act), or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a duty of
spousal maintenance or property division obligation is owed.
(6) "Obligor" means the spouse or ex spouse owing a duty of spousal
maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of
retirement allowances, including but not limited to service retirement
allowances, disability retirement allowances, and survivors'
allowances. The term does not include a withdrawal of accumulated
contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement
obligation incident to a decree of divorce, dissolution, or legal
separation.
(9) "Standard allowance" means a benefit payment option selected
under RCW 2.10.146(1)(a), 41.26.460(1)(a), 41.32.785(1)(a),
41.40.188(1)(a), 41.40.660(1), 41.40.845(1)(a), section 23 of this act,
or 41.35.220 that ceases upon the death of the retiree. Standard
allowance also means the benefit allowance provided under RCW 2.10.110,
2.10.130, 43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW.
Standard allowance also means the maximum retirement allowance
available under RCW 41.32.530(1) following member withdrawal of
accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means a lump sum
payment to a retirement system member of all or a part of the member's
accumulated contributions, including accrued interest, at the request
of the member including any lump sum amount paid upon the death of the
member.
Sec. 51 RCW 41.50.670 and 2002 c 158 s 5 are each amended to read
as follows:
(1) Nothing in this chapter regarding mandatory assignment of
benefits to enforce a spousal maintenance obligation shall abridge the
right of an obligee to direct payments of retirement benefits to
satisfy a property division obligation ordered pursuant to a court
decree of dissolution or legal separation or any court order or court-approved property settlement agreement incident to any court decree of
dissolution or legal separation as provided in RCW 2.10.180, 2.12.090,
((41.04.310, 41.04.320, 41.04.330,)) 41.26.053, 41.26.162, 41.32.052,
41.35.100, 41.34.070(4), 41.40.052, 43.43.310, section 12 of this act,
or 26.09.138, as those statutes existed before July 1, 1987, and as
those statutes exist on and after July 28, 1991. The department shall
pay benefits under this chapter in a lump sum or as a portion of
periodic retirement payments as expressly provided by the dissolution
order. A dissolution order may not order the department to pay a
periodic retirement payment or lump sum unless that payment is
specifically authorized under the provisions of chapter 2.10, 2.12,
41.26, 41.32, 41.35, 41.34, 41.40, 41.-- (sections 1 through 4 and 6
through 35 of this act), or 43.43 RCW, as applicable.
(2) The department shall pay directly to an obligee the amount of
periodic retirement payments or lump sum payment, as appropriate,
specified in the dissolution order if the dissolution order filed with
the department pursuant to subsection (1) of this section includes a
provision that states in the following form:
If . . . . . . (the obligor) receives periodic retirement payments
as defined in RCW 41.50.500, the department of retirement systems shall
pay to . . . . . . (the obligee) . . . . . . dollars from such payments
or . . . percent of such payments. If the obligor's debt is expressed
as a percentage of his or her periodic retirement payment and the
obligee does not have a survivorship interest in the obligor's benefit,
the amount received by the obligee shall be the percentage of the
periodic retirement payment that the obligor would have received had he
or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal
of accumulated contributions as defined in RCW 41.50.500, or becomes
eligible for a lump sum death benefit, the department of retirement
systems shall pay to . . . . . . (the obligee) . . . . . . dollars plus
interest at the rate paid by the department of retirement systems on
member contributions. Such interest to accrue from the date of this
order's entry with the court of record.
(3) This section does not require a member to select a standard
allowance upon retirement nor does it require the department to
recalculate the amount of a retiree's periodic retirement payment based
on a change in survivor option.
(4) A court order under this section may not order the department
to pay more than seventy-five percent of an obligor's periodic
retirement payment to an obligee.
(5) Persons whose court decrees were entered between July 1, 1987,
and July 28, 1991, shall also be entitled to receive direct payments of
retirement benefits to satisfy court-ordered property divisions if the
dissolution orders comply or are modified to comply with this section
and RCW 41.50.680 through 41.50.720 and, as applicable, RCW 2.10.180,
2.12.090, 41.26.053, 41.32.052, 41.35.100, 41.34.070, 41.40.052,
43.43.310, section 12 of this act, and 26.09.138.
(6) The obligee must file a copy of the dissolution order with the
department within ninety days of that order's entry with the court of
record.
(7) A division of benefits pursuant to a dissolution order under
this section shall be based upon the obligor's gross benefit prior to
any deductions. If the department is required to withhold a portion of
the member's benefit pursuant to 26 U.S.C. Sec. 3402 and the sum of
that amount plus the amount owed to the obligee exceeds the total
benefit, the department shall satisfy the withholding requirements
under 26 U.S.C. Sec. 3402 and then pay the remainder to the obligee.
The provisions of this subsection do not apply to amounts withheld
pursuant to 26 U.S.C. Sec. 3402(i).
Sec. 52 RCW 41.50.790 and 2002 c 26 s 8 are each amended to read
as follows:
(1) The department shall designate an obligee as a survivor
beneficiary of a member under RCW 2.10.146, 41.26.460, 41.32.530,
41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, section 23 of
this act, or 41.40.845 if the department has been served by registered
or certified mail with a dissolution order as defined in RCW 41.50.500
at least thirty days prior to the member's retirement. The
department's duty to comply with the dissolution order arises only if
the order contains a provision that states in substantially the
following form:
When . . . . . . (the obligor) applies for retirement the department shall designate . . . . . . (the obligee) as survivor beneficiary with a . . . . . . survivor benefit.
Sec. 53 RCW 41.40.010 and 2003 c 412 s 4 are each amended to read
as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the public employees' retirement
system provided for in this chapter.
(2) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4)(a) "Employer" for plan 1 members, means every branch,
department, agency, commission, board, and office of the state, any
political subdivision or association of political subdivisions of the
state admitted into the retirement system, and legal entities
authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW; and the
term shall also include any labor guild, association, or organization
the membership of a local lodge or division of which is comprised of at
least forty percent employees of an employer (other than such labor
guild, association, or organization) within this chapter. The term may
also include any city of the first class that has its own retirement
system.
(b) "Employer" for plan 2 and plan 3 members, means every branch,
department, agency, commission, board, and office of the state, and any
political subdivision and municipal corporation of the state admitted
into the retirement system, including public agencies created pursuant
to RCW 35.63.070, 36.70.060, and 39.34.030; except that after August
31, 2000, school districts and educational service districts will no
longer be employers for the public employees' retirement system plan 2.
(5) "Member" means any employee included in the membership of the
retirement system, as provided for in RCW 41.40.023. RCW 41.26.045
does not prohibit a person otherwise eligible for membership in the
retirement system from establishing such membership effective when he
or she first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system prior to April 1,
1949;
(b) Any person who becomes a member through the admission of an
employer into the retirement system on and after April 1, 1949, and
prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment
with an employer prior to April 1, 1951, provided the member has
rendered at least one or more years of service to any employer prior to
October 1, 1947;
(d) Any person who first becomes a member through the admission of
an employer into the retirement system on or after April 1, 1951,
provided, such person has been in the regular employ of the employer
for at least six months of the twelve-month period preceding the said
admission date;
(e) Any member who has restored all contributions that may have
been withdrawn as provided by RCW 41.40.150 and who on the effective
date of the individual's retirement becomes entitled to be credited
with ten years or more of membership service except that the provisions
relating to the minimum amount of retirement allowance for the member
upon retirement at age seventy as found in RCW 41.40.190(4) shall not
apply to the member;
(f) Any member who has been a contributor under the system for two
or more years and who has restored all contributions that may have been
withdrawn as provided by RCW 41.40.150 and who on the effective date of
the individual's retirement has rendered five or more years of service
for the state or any political subdivision prior to the time of the
admission of the employer into the system; except that the provisions
relating to the minimum amount of retirement allowance for the member
upon retirement at age seventy as found in RCW 41.40.190(4) shall not
apply to the member.
(7) "New member" means a person who becomes a member on or after
April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan 1 members, means salaries
or wages earned during a payroll period for personal services and where
the compensation is not all paid in money, maintenance compensation
shall be included upon the basis of the schedules established by the
member's employer.
(i) "Compensation earnable" for plan 1 members also includes the
following actual or imputed payments, which are not paid for personal
services:
(A) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement in a position which are
awarded or granted as the equivalent of the salary or wage which the
individual would have earned during a payroll period shall be
considered compensation earnable and the individual shall receive the
equivalent service credit;
(B) If a leave of absence is taken by an individual for the purpose
of serving in the state legislature, the salary which would have been
received for the position from which the leave of absence was taken,
shall be considered as compensation earnable if the employee's
contribution is paid by the employee and the employer's contribution is
paid by the employer or employee;
(C) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and
72.09.240;
(D) Compensation that a member would have received but for a
disability occurring in the line of duty only as authorized by RCW
41.40.038;
(E) Compensation that a member receives due to participation in the
leave sharing program only as authorized by RCW 41.04.650 through
41.04.670; and
(F) Compensation that a member receives for being in standby
status. For the purposes of this section, a member is in standby
status when not being paid for time actually worked and the employer
requires the member to be prepared to report immediately for work, if
the need arises, although the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized under RCW
41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of thirty days
as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3 members, means
salaries or wages earned by a member during a payroll period for
personal services, including overtime payments, and shall include wages
and salaries deferred under provisions established pursuant to sections
403(b), 414(h), and 457 of the United States Internal Revenue Code, but
shall exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, or any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members also includes
the following actual or imputed payments, which are not paid for
personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement in a position which are
awarded or granted as the equivalent of the salary or wage which the
individual would have earned during a payroll period shall be
considered compensation earnable to the extent provided above, and the
individual shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the
member shall have the option of having such member's compensation
earnable be the greater of:
(A) The compensation earnable the member would have received had
such member not served in the legislature; or
(B) Such member's actual compensation earnable received for
nonlegislative public employment and legislative service combined. Any
additional contributions to the retirement system required because
compensation earnable under (b)(ii)(A) of this subsection is greater
than compensation earnable under (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045,
and 72.09.240;
(iv) Compensation that a member would have received but for a
disability occurring in the line of duty only as authorized by RCW
41.40.038;
(v) Compensation that a member receives due to participation in the
leave sharing program only as authorized by RCW 41.04.650 through
41.04.670; and
(vi) Compensation that a member receives for being in standby
status. For the purposes of this section, a member is in standby
status when not being paid for time actually worked and the employer
requires the member to be prepared to report immediately for work, if
the need arises, although the need may not arise.
(9)(a) "Service" for plan 1 members, except as provided in RCW
41.40.088, means periods of employment in an eligible position or
positions for one or more employers rendered to any employer for which
compensation is paid, and includes time spent in office as an elected
or appointed official of an employer. Compensation earnable earned in
full time work for seventy hours or more in any given calendar month
shall constitute one service credit month except as provided in RCW
41.40.088. Compensation earnable earned for less than seventy hours in
any calendar month shall constitute one-quarter service credit month of
service except as provided in RCW 41.40.088. Only service credit
months and one-quarter service credit months shall be counted in the
computation of any retirement allowance or other benefit provided for
in this chapter. Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or benefits.
Time spent in standby status, whether compensated or not, is not
service.
(i) Service by a state employee officially assigned by the state on
a temporary basis to assist another public agency, shall be considered
as service as a state employee: PROVIDED, That service to any other
public agency shall not be considered service as a state employee if
such service has been used to establish benefits in any other public
retirement system.
(ii) An individual shall receive no more than a total of twelve
service credit months of service during any calendar year. If an
individual is employed in an eligible position by one or more employers
the individual shall receive no more than one service credit month
during any calendar month in which multiple service for seventy or more
hours is rendered.
(iii) A school district employee may count up to forty-five days of
sick leave as creditable service solely for the purpose of determining
eligibility to retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 1 "forty-five days" as used in RCW
28A.400.300 is equal to two service credit months. Use of less than
forty-five days of sick leave is creditable as allowed under this
subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit
month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five days equals
one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means periods of
employment by a member in an eligible position or positions for one or
more employers for which compensation earnable is paid. Compensation
earnable earned for ninety or more hours in any calendar month shall
constitute one service credit month except as provided in RCW
41.40.088. Compensation earnable earned for at least seventy hours but
less than ninety hours in any calendar month shall constitute one-half
service credit month of service. Compensation earnable earned for less
than seventy hours in any calendar month shall constitute one-quarter
service credit month of service. Time spent in standby status, whether
compensated or not, is not service.
Any fraction of a year of service shall be taken into account in
the computation of such retirement allowance or benefits.
(i) Service in any state elective position shall be deemed to be
full time service, except that persons serving in state elective
positions who are members of the Washington school employees'
retirement system, teachers' retirement system, public safety
employees' retirement system, or law enforcement officers' and fire
fighters' retirement system at the time of election or appointment to
such position may elect to continue membership in the Washington school
employees' retirement system, teachers' retirement system, public
safety employees' retirement system, or law enforcement officers' and
fire fighters' retirement system.
(ii) A member shall receive a total of not more than twelve service
credit months of service for such calendar year. If an individual is
employed in an eligible position by one or more employers the
individual shall receive no more than one service credit month during
any calendar month in which multiple service for ninety or more hours
is rendered.
(iii) Up to forty-five days of sick leave may be creditable as
service solely for the purpose of determining eligibility to retire
under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of
plan 2 and plan 3 "forty-five days" as used in RCW 28A.400.300 is equal
to two service credit months. Use of less than forty-five days of sick
leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days
equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals
one and one-half service credit month.
(10) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(11) "Service credit month" means a month or an accumulation of
months of service credit which is equal to one.
(12) "Prior service" means all service of an original member
rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1, 1947;
(b) All service after October 1, 1947, to any employer prior to the
time of its admission into the retirement system for which member and
employer contributions, plus interest as required by RCW 41.50.125,
have been paid under RCW 41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of probationary
service rendered after April 1, 1949, and prior to becoming a member,
in the case of any member, upon payment in full by such member of the
total amount of the employer's contribution to the retirement fund
which would have been required under the law in effect when such
probationary service was rendered if the member had been a member
during such period, except that the amount of the employer's
contribution shall be calculated by the director based on the first
month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary
service, rendered after October 1, 1947, and before April 1, 1949, and
prior to becoming a member, in the case of any member, upon payment in
full by such member of five percent of such member's salary during said
period of probationary service, except that the amount of the
employer's contribution shall be calculated by the director based on
the first month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan 1 members, means any person in
receipt of a retirement allowance, pension or other benefit provided by
this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means any person
in receipt of a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer by another
person.
(15) "Regular interest" means such rate as the director may
determine.
(16) "Accumulated contributions" means the sum of all contributions
standing to the credit of a member in the member's individual account,
including any amount paid under RCW 41.50.165(2), together with the
regular interest thereon.
(17)(a) "Average final compensation" for plan 1 members, means the
annual average of the greatest compensation earnable by a member during
any consecutive two year period of service credit months for which
service credit is allowed; or if the member has less than two years of
service credit months then the annual average compensation earnable
during the total years of service for which service credit is allowed.
(b) "Average final compensation" for plan 2 and plan 3 members,
means the member's average compensation earnable of the highest
consecutive sixty months of service credit months prior to such
member's retirement, termination, or death. Periods constituting
authorized leaves of absence may not be used in the calculation of
average final compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation
earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from accumulated
contributions of a member. All annuities shall be paid in monthly
installments.
(20) "Pension" means payments for life derived from contributions
made by the employer. All pensions shall be paid in monthly
installments.
(21) "Retirement allowance" means the sum of the annuity and the
pension.
(22) "Employee" or "employed" means a person who is providing
services for compensation to an employer, unless the person is free
from the employer's direction and control over the performance of work.
The department shall adopt rules and interpret this subsection
consistent with common law.
(23) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality and other tables as may be
adopted by the director.
(24) "Retirement" means withdrawal from active service with a
retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally
requires five or more months of service a year for which regular
compensation for at least seventy hours is earned by the occupant
thereof. For purposes of this chapter an employer shall not define
"position" in such a manner that an employee's monthly work for that
employer is divided into more than one position;
(b) Any position occupied by an elected official or person
appointed directly by the governor, or appointed by the chief justice
of the supreme court under RCW 2.04.240(2) or 2.06.150(2), for which
compensation is paid.
(26) "Ineligible position" means any position which does not
conform with the requirements set forth in subsection (25) of this
section.
(27) "Leave of absence" means the period of time a member is
authorized by the employer to be absent from service without being
separated from membership.
(28) "Totally incapacitated for duty" means total inability to
perform the duties of a member's employment or office or any other work
for which the member is qualified by training or experience.
(29) "Retiree" means any person who has begun accruing a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer while a member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(32) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(33) "Plan 1" means the public employees' retirement system, plan
1 providing the benefits and funding provisions covering persons who
first became members of the system prior to October 1, 1977.
(34) "Plan 2" means the public employees' retirement system, plan
2 providing the benefits and funding provisions covering persons who
first became members of the system on and after October 1, 1977, and
are not included in plan 3.
(35) "Plan 3" means the public employees' retirement system, plan
3 providing the benefits and funding provisions covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency or institute
of higher education and who did not choose to enter plan 2; or
(ii) September 1, 2002, and are employed by other than a state
agency or institute of higher education and who did not choose to enter
plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(36) "Index" means, for any calendar year, that year's annual
average consumer price index, Seattle, Washington area, for urban wage
earners and clerical workers, all items, compiled by the bureau of
labor statistics, United States department of labor.
(37) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(38) "Index B" means the index for the year prior to index A.
(39) "Index year" means the earliest calendar year in which the
index is more than sixty percent of index A.
(40) "Adjustment ratio" means the value of index A divided by index
B.
(41) "Annual increase" means, initially, fifty-nine cents per month
per year of service which amount shall be increased each July 1st by
three percent, rounded to the nearest cent.
(42) "Separation from service" occurs when a person has terminated
all employment with an employer. Separation from service or employment
does not occur, and if claimed by an employer or employee may be a
violation of RCW 41.40.055, when an employee and employer have a
written or oral agreement to resume employment with the same employer
following termination.
(43) "Member account" or "member's account" for purposes of plan 3
means the sum of the contributions and earnings on behalf of the member
in the defined contribution portion of plan 3.
Sec. 54 RCW 41.26.500 and 1998 c 341 s 604 are each amended to
read as follows:
(1) No retiree under the provisions of plan 2 shall be eligible to
receive such retiree's monthly retirement allowance if he or she is
employed in an eligible position as defined in RCW 41.40.010,
41.32.010, section 2 of this act, or 41.35.010, or as a law enforcement
officer or fire fighter as defined in RCW 41.26.030. If a retiree's
benefits have been suspended under this section, his or her benefits
shall be reinstated when the retiree terminates the employment that
caused his or her benefits to be suspended. Upon reinstatement, the
retiree's benefits shall be actuarially recomputed pursuant to the
rules adopted by the department.
(2) The department shall adopt rules implementing this section.
Sec. 55 RCW 41.32.800 and 1998 c 341 s 605 are each amended to
read as follows:
(1) Except as provided in RCW 41.32.802, no retiree under the
provisions of plan 2 shall be eligible to receive such retiree's
monthly retirement allowance if he or she is employed in an eligible
position as defined in RCW 41.40.010, 41.32.010, section 2 of this act,
or 41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030.
If a retiree's benefits have been suspended under this section, his
or her benefits shall be reinstated when the retiree terminates the
employment that caused his or her benefits to be suspended. Upon
reinstatement, the retiree's benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(2) The department shall adopt rules implementing this section.
Sec. 56 RCW 41.35.230 and 1998 c 341 s 24 are each amended to
read as follows:
(1) Except as provided in RCW 41.35.060, no retiree under the
provisions of plan 2 shall be eligible to receive such retiree's
monthly retirement allowance if he or she is employed in an eligible
position as defined in RCW 41.35.010, ((RCW)) 41.40.010, section 2 of
this act, or 41.32.010, or as a law enforcement officer or fire fighter
as defined in RCW 41.26.030, except that a retiree who ends his or her
membership in the retirement system pursuant to RCW 41.40.023(3)(b) is
not subject to this section if the retiree's only employment is as an
elective official.
(2) If a retiree's benefits have been suspended under this section,
his or her benefits shall be reinstated when the retiree terminates the
employment that caused his or her benefits to be suspended. Upon
reinstatement, the retiree's benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(3) The department shall adopt rules implementing this section.
Sec. 57 RCW 41.40.690 and 1998 c 341 s 606 are each amended to
read as follows:
(1) Except as provided in RCW 41.40.037, no retiree under the
provisions of plan 2 shall be eligible to receive such retiree's
monthly retirement allowance if he or she is employed in an eligible
position as defined in RCW 41.40.010, 41.32.010, section 2 of this act,
or 41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030, except that a retiree who ends his or her
membership in the retirement system pursuant to RCW 41.40.023(3)(b) is
not subject to this section if the retiree's only employment is as an
elective official of a city or town.
(2) If a retiree's benefits have been suspended under this section,
his or her benefits shall be reinstated when the retiree terminates the
employment that caused his or her benefits to be suspended. Upon
reinstatement, the retiree's benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(3) The department shall adopt rules implementing this section.
Sec. 58 RCW 41.54.010 and 1998 c 341 s 702 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Base salary" means salaries or wages earned by a member of a
system during a payroll period for personal services and includes wages
and salaries deferred under provisions of the United States internal
revenue code, but shall exclude overtime payments, nonmoney maintenance
compensation, and lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual leave, any form
of severance pay, any bonus for voluntary retirement, any other form of
leave, or any similar lump sum payment.
(2) "Department" means the department of retirement systems.
(3) "Director" means the director of the department of retirement
systems.
(4) "Dual member" means a person who (a) is or becomes a member of
a system on or after July 1, 1988, (b) has been a member of one or more
other systems, and (c) has never been retired for service from a
retirement system and is not receiving a disability retirement or
disability leave benefit from any retirement system listed in RCW
41.50.030 or subsection (6) of this section.
(5) "Service" means the same as it may be defined in each
respective system. For the purposes of RCW 41.54.030, military service
granted under RCW 41.40.170(3) or 43.43.260 may only be based on
service accrued under chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established under
chapters 41.32, 41.40, 41.44, 41.35, 41.-- (sections 1 through 4 and 6
through 35 of this act), and 43.43 RCW; plan 2 of the system
established under chapter 41.26 RCW; and the city employee retirement
systems for Seattle, Tacoma, and Spokane. ((The inclusion of an
individual first class city system is subject to the procedure set
forth in RCW 41.54.061.))
Sec. 59 RCW 41.54.040 and 1998 c 341 s 704 are each amended to
read as follows:
(1) The allowances calculated under RCW 41.54.030, 41.54.032, and
41.54.034 shall be paid separately by each respective current and prior
system. Any deductions from such separate payments shall be according
to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied by the
respective systems based on the payments made under subsection (1) of
this section.
(3) The department shall adopt rules under chapter 34.05 RCW to
ensure that where a dual member has service in a system established
under chapter 41.32, 41.40, 41.44, 41.35, 41.-- (sections 1 through 4
and 6 through 35 of this act), or 43.43 RCW; service in plan 2 of the
system established under chapter 41.26 RCW; and service under the city
employee retirement system for Seattle, Tacoma, or Spokane, the
additional cost incurred as a result of the dual member receiving a
benefit under this chapter shall be borne by the retirement system
incurring the additional cost.
Sec. 60 RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003
c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as
follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the drinking water assistance account, the drinking
water assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital projects
account, the federal forest revolving account, the health services
account, the public health services account, the health system capacity
account, the personal health services account, the state higher
education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real estate
excise tax account, the local sales and use tax account, the medical
aid account, the mobile home park relocation fund, the multimodal
transportation account, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the
natural resources deposit account, the oyster reserve land account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the public works assistance account, the
Puyallup tribal settlement account, the regional transportation
investment district account, the resource management cost account, the
site closure account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the supplemental
pension account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University
of Washington bond retirement fund, the University of Washington
building account, the volunteer fire fighters' and reserve officers'
relief and pension principal fund, the volunteer fire fighters' and
reserve officers' administrative fund, the Washington fruit express
account, the Washington judicial retirement system account, the
Washington law enforcement officers' and fire fighters' system plan 1
retirement account, the Washington law enforcement officers' and fire
fighters' system plan 2 retirement account, the Washington public
safety employees' plan 2 retirement account, the Washington school
employees' retirement system combined plan 2 and 3 account, the
Washington state health insurance pool account, the Washington state
patrol retirement account, the Washington State University building
account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington
University capital projects account. Earnings derived from investing
balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific
permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts. All earnings to be
distributed under this subsection (4)(a) shall first be reduced by the
allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 61 RCW 41.32.802 and 2001 2nd sp.s. c 10 s 8 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 benefit
reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) A retiree who has satisfied the break in employment requirement
of subsection (1) of this section, may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in
RCW 41.32.010, 41.35.010, section 2 of this act, or 41.40.010, or as a
fire fighter or law enforcement officer, as defined in RCW 41.26.030,
without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under RCW
41.32.044, he or she terminates his or her retirement status and
immediately becomes a member. Retirement benefits shall not accrue
during the period of membership and the individual shall make
contributions and receive membership credit. Such a member shall have
the right to again retire if eligible.
Sec. 62 RCW 41.32.862 and 2001 2nd sp.s. c 10 s 10 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 benefit
reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) A retiree who has satisfied the break in employment requirement
of subsection (1) of this section, may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in
RCW 41.32.010, 41.35.010, section 2 of this act, or 41.40.010, or as a
fire fighter or law enforcement officer, as defined in RCW 41.26.030,
without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under RCW
41.32.044, he or she terminates his or her retirement status and
immediately becomes a member. Retirement benefits shall not accrue
during the period of membership and the individual shall make
contributions and receive membership credit. Such a member shall have
the right to again retire if eligible.
Sec. 63 RCW 41.40.037 and 2003 c 412 s 5 and 2003 c 295 s 7 are
each reenacted and 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 eight 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 sixty hours per month. Any benefit
reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2)(a) Except as provided in (b) of this subsection, a retiree from
plan 1 who enters employment with an employer at least one calendar
month after his or her accrual date may continue to receive pension
payments while engaged in such service for up to eight hundred sixty-seven hours of service in a calendar year without a reduction of
pension.
(b) A retiree from plan 1 who enters employment with an employer at
least three calendar months after his or her accrual date and:
(i) Is hired into a position for which the employer has documented
a justifiable need to hire a retiree into the position;
(ii) Is hired through the established process for the position with
the approval of: A school board for a school district; the chief
executive officer of a state agency employer; the secretary of the
senate for the senate; the chief clerk of the house of representatives
for the house of representatives; the secretary of the senate and the
chief clerk of the house of representatives jointly for the joint
legislative audit and review committee, the legislative transportation
committee, the joint committee on pension policy, the legislative
evaluation and accountability program, the legislative systems
committee, and the statute law committee; or according to rules adopted
for the rehiring of retired plan 1 members for a local government
employer;
(iii) The employer retains records of the procedures followed and
decisions made in hiring the retiree, and provides those records in the
event of an audit; and
(iv) The employee has not already rendered a cumulative total of
more than one thousand nine hundred hours of service while in receipt
of pension payments beyond an annual threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that service
after the retiree has rendered service for more than one thousand five
hundred hours in a calendar year. The one thousand nine hundred hour
cumulative total under this subsection applies prospectively to those
retiring after July 27, 2003, and retroactively to those who retired
prior to July 27, 2003, and shall be calculated from the date of
retirement.
(c) When a plan 1 member renders service beyond eight hundred
sixty-seven hours, the department shall collect from the employer the
applicable employer retirement contributions for the entire duration of
the member's employment during that calendar year.
(d) A retiree from plan 2 or plan 3 who has satisfied the break in
employment requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours in a calendar year in an eligible
position, as defined in RCW 41.32.010, 41.35.010, section 2 of this
act, or 41.40.010, or as a fire fighter or law enforcement officer, as
defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under RCW
41.40.023(12), he or she terminates his or her retirement status and
becomes a member. Retirement benefits shall not accrue during the
period of membership and the individual shall make contributions and
receive membership credit. Such a member shall have the right to again
retire if eligible in accordance with RCW 41.40.180. However, if the
right to retire is exercised to become effective before the member has
rendered two uninterrupted years of service, the retirement formula and
survivor options the member had at the time of the member's previous
retirement shall be reinstated.
(4) The department shall collect and provide the state actuary with
information relevant to the use of this section for the select
committee on pension policy.
(5) The legislature reserves the right to amend or repeal this
section in the future and no member or beneficiary has a contractual
right to be employed for more than five months in a calendar year
without a reduction of his or her pension.
Sec. 64 RCW 41.35.060 and 2001 2nd sp.s. c 10 s 11 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 eight 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 sixty hours per month. Any benefit
reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) A retiree who has satisfied the break in employment requirement
of subsection (1) of this section may work up to eight hundred sixty-seven hours per calendar year in an eligible position, as defined in
RCW 41.32.010, 41.35.010, section 2 of this act, or 41.40.010, or as a
fire fighter or law enforcement officer, as defined in RCW 41.26.030,
without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under RCW
41.35.030, he or she terminates his or her retirement status and
becomes a member. Retirement benefits shall not accrue during the
period of membership and the individual shall make contributions and
receive membership credit. Such a member shall have the right to again
retire if eligible in accordance with RCW 41.35.420 or 41.35.680.
However, if the right to retire is exercised to become effective before
the member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at the time of
the member's previous retirement shall be reinstated.
NEW SECTION. Sec. 65 This act takes effect July 1, 2006.
NEW SECTION. Sec. 66 The benefits provided pursuant to this act
are not provided to employees as a matter of contractual right prior to
July 1, 2006. The legislature retains the right to alter or abolish
these benefits at any time prior to July 1, 2006.
NEW SECTION. Sec. 67 Sections 1 through 4 and 6 through 35 of
this act constitute a new chapter in Title