BILL REQ. #:  H-1655.1 



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HOUSE BILL 2044
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State of Washington60th Legislature2007 Regular Session

By Representatives Pettigrew, Dunshee, Jarrett, Lantz, McIntire, Dickerson, Moeller, Kagi, Appleton, Darneille, Ericks, Ormsby, Linville and Simpson

Read first time 02/06/2007.   Referred to Committee on Appropriations.



     AN ACT Relating to creating the Washington voluntary retirement accounts program; and adding new sections to chapter 41.50 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that many workers do not have access to an employment-based retirement plan. Workers who are unable to build up pensions and savings risk living on low incomes in their old age and are more likely to become dependent on state services. The Washington voluntary retirement accounts program provides a simple and inexpensive way for workers to save for retirement and employers to offer an employee benefit.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise.
     (1) "Program" means the Washington voluntary retirement accounts program created under section 3 of this act.
     (2) "Enrollee" means any worker in this state that is enrolled in the program.
     (3) "Participating employer" means any private employer, with a place of business in this state, and with employees that have enrolled in the program.

NEW SECTION.  Sec. 3   To the extent that funding is appropriated in the operating budget specifically for this purpose, the Washington voluntary retirement accounts program is created. The director is responsible for the implementation and operation of the Washington voluntary accounts program, directly or by contract.

NEW SECTION.  Sec. 4   Prior to the enrollment of individuals in the Washington voluntary retirement accounts program, the director shall design a plan for the operation of the Washington voluntary retirement accounts program, and then seek approval from the federal internal revenue service to offer the plan to Washington workers on a tax-qualified basis. The plan must include the option for enrollees to roll pretax contributions into an individual retirement account or another eligible retirement plan after ceasing participation in the program.

NEW SECTION.  Sec. 5   Enrollment in the Washington voluntary retirement accounts program is not an entitlement and must not result in expenditures that exceed the amount that has been appropriated for the program in the operating budget or is available in the Washington voluntary retirement accounts partnership program account. If it appears that continued enrollment will result in expenditures exceeding the appropriated level for a particular fiscal year, the director may freeze new enrollments in the program and establish a waiting list of eligible workers, or reduce enrollments.

NEW SECTION.  Sec. 6   Following the design and approval of the program under section 4 of this act, the director shall adopt all rules necessary for the implementation and operation of the Washington voluntary retirement accounts program. As part of the rule development process, the director shall consult with employers, workers, private sector retirement plan administrators and providers, and any other individuals or entities that the director determines relevant to the development of an effective and efficient method for operating the program.

NEW SECTION.  Sec. 7   The Washington voluntary retirement accounts partnership program account is hereby established in the custody of the state treasurer. Any nonstate funds collected for the program must be deposited in the account. Moneys in the account must be used exclusively for the purposes of administering the program, including for the design and qualification of the program, supporting the administrative cost of enrolling individuals, and providing information about the program. Only the director or a designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 8   Private employers shall provide employees with the opportunity to enroll in the Washington voluntary retirement accounts program, including providing for payroll deductions for those employees that enroll in the program. Employers with employees enrolled in the Washington voluntary retirement accounts program are authorized to contract with the enrolled employees to defer or contribute a portion of the enrolled employees' compensation, in accordance with the program rules.

NEW SECTION.  Sec. 9   The director shall report biennially to the relevant committees of the legislature on the effectiveness and efficiency of the program, including the levels of enrollment, the financial status of the program, and the retirement savings levels of participating enrollees.

NEW SECTION.  Sec. 10   No state board, commission, or agency, or any officer, employee, or member is liable for any loss or deficiency resulting from investments selected by any enrollee.

NEW SECTION.  Sec. 11   Sections 1 through 10 of this act are each added to chapter 41.50 RCW under the subchapter heading "Washington voluntary retirement accounts program."

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