H-265                _______________________________________________

                                                    HOUSE BILL NO. 756

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives R. King, Basich, Ebersole, Taylor, Smitherman, Allen, Leonard, Rayburn, Vekich, P. King, Tanner, Fisher, Van Luven, D. Nelson, Isaacson, Hankins, Addison, McMullen, Day, Dellwo, Barrett, O'Brien, Lux, Scott, Jacobsen, Sutherland, Walk, Peery, Appelwick, Grimm, Winsley, Todd, Miller and Fuhrman

Read first time 2/8/85 and referred to Committee on Ways & Means.

AN ACT Relating to credit for military service under the teachers' retirement system; amending RCW 41.32.260; and declaring an emergency.

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

        Sec. 1.  Section 26, chapter 80, Laws of 1947 as last amended by section 2, chapter 199, Laws of 1974 ex. sess. and RCW 41.32.260 are each amended to read as follows:

(1)(a) Any member whose public school service is interrupted by active service to ((the United States as a member of its military, naval or air service, or to)) the state of Washington, as a member of the legislature, may upon becoming reemployed in the public schools, receive credit for such service upon presenting satisfactory proof, and contributing to the annuity fund, either in a lump sum or installments, such amounts as shall be determined by the ((board of trustees:  PROVIDED (1), That no such military service credit in excess of five years shall be established or reestablished after July 1, 1961, unless the service was actually rendered during time of war:  PROVIDED FURTHER (2), That)) director.

(b) A member of the retirement system who is a member of the state legislature or a state official eligible for the combined pension and annuity provided by RCW 41.32.497, or 41.32.498, as now or hereafter amended shall have deductions taken from his salary in the amount of seven and one-half percent of earnable compensation and that service credit shall be established with the retirement system while such deductions are reported to the retirement system, unless he has by reason of his employment become a contributing member of another public retirement system in the state of Washington((:  AND PROVIDED FURTHER (3), That)).

(c) Such elected official who has retired or otherwise terminated his public school service may then elect to terminate his membership in the retirement system and receive retirement benefits while continuing to serve as an elected official((:  AND, PROVIDED FURTHER (4), That)).

(d) A member of the retirement system who had previous service as an elected or appointed official, for which he did not contribute to the retirement system, may receive credit for such legislative service unless he has received credit for that service in another state retirement system, upon making contributions in such amounts as shall be determined by the board of trustees.

(2) (a) Any member whose public school service is interrupted by active service to the United States as a member of its military, naval, or air service, may upon becoming reemployed in the public schools, receive credit for such service upon presenting satisfactory proof:  PROVIDED, That no such military service credit in excess of five years shall be established or reestablished after July 1, 1961, unless the service was actually rendered during time of war.

(b) After completing twenty-five years of creditable service, any member may have the member's service in the armed forces credited to the member if the service was prior to membership, but in no instance shall such military service in excess of five years be credited.  This subparagraph does not apply to any individual who is not a veteran within the meaning of RCW 41.04.005.  Military service shall not be credited to any member who is receiving full military retirement benefits pursuant to Title 10 of the United States Code.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.