Veteran benefits access

AN ACT Relating to ensuring access to state benefits and 1
opportunities for veterans, uniformed service members, and military 2
spouses; amending RCW 38.04.010, 38.42.010, 41.18.150, 41.20.050, 3
41.40.170, 43.24.130, 41.04.010, 41.44.120, 73.16.031, 73.16.010, 4
73.16.051, and 73.16.110; reenacting and amending RCW 41.44.030; and 5
creating a new section. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that service to our 8
nation is a selfless sacrifice carried out by members of the armed 9
forces, uniformed services, and their families. 10
Therefore, the legislature finds that members of the uniformed 11
services should be afforded the same benefits and opportunities when 12
choosing to continue public service employment in Washington state.13
The legislature further recognizes the need to support employment 14
opportunities for veterans, who served at any time in our nation's 15
history and obtained a qualifying discharge, and spouses who support 16
our current active duty force by allowing for hiring preference.17
Sec. 2. RCW 38.04.010 and 1991 c 43 s 1 are each amended to read 18
as follows: 19
S-0582.1
SENATE BILL 5420
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Wagoner, Chapman, Dozier, and Nobles
Read first time 01/22/25. Referred to Committee on State Government,
Tribal Affairs & Elections.
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When used in this title, the following words, terms, phrases 1
shall have the following meaning: 2
The word "militia" shall mean the military forces provided for in 3
the Constitution and laws of the state of Washington.4
The term "organized militia" shall be the general term to include 5
both state and national guard and whenever used applies equally to 6
all such organizations. 7
The term "national guard" shall mean that part of the military 8
force of the state that is organized, equipped and federally 9
recognized under the provisions of the national defense act of the 10
United States, and, in the event the national guard is called into 11
federal service or in the event the state guard or any part or 12
individual member thereof is called into active state service by the 13
commander-in-chief, the term shall also include the "Washington state 14
guard" or any temporary organization set up in times of emergency to 15
replace either the "national guard" or "state guard" while in actual 16
service of the United States. 17
The term "state guard" shall mean that part of the military 18
forces of the state that is organized, equipped, and recognized under 19
the provisions of the State Defense Forces Act of the United States 20
(32 U.S.C. Sec. 109, as amended). 21
The term "active state service" or "active training duty" shall 22
be construed to be any service on behalf of the state, or at 23
encampments whether ordered by state or federal authority or any 24
other duty requiring the entire time of any organization or person 25
except when called or drafted into the federal service by the 26
president of the United States. 27
The term "inactive duty" shall include periods of drill and such 28
other training and service not requiring the entire time of the 29
organization or person, as may be required under state or federal 30
laws, regulations, or orders, including travel to and from such duty.31
The terms "in service of United States" and "not in service of 32
United States" as used herein shall be understood to mean the same as 33
such terms when used in the national defense act of congress and 34
amendments thereto. 35
The term "military" refers to any or all of the armed forces.36
The term "armory" refers to any state-owned building, warehouse, 37
vehicle storage compound, organizational maintenance shop or other 38
facility and the lands appurtenant thereto used by the Washington 39
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national guard for the storage and maintenance of arms or military 1
equipment or the administration or training of the organized militia.2
The term "member" refers to a soldier , ((or)) airman, or guardian 3
of the organized militia. 4
Sec. 3. RCW 38.42.010 and 2018 c 197 s 1 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter, 7
unless the context clearly requires otherwise. 8
(1) "Attorney general" means the attorney general of the state of 9
Washington or any person designated by the attorney general to carry 10
out a responsibility of the attorney general under this chapter.11
(2) "Business loan" means a loan or extension of credit granted 12
to a business entity that: (a) Is owned and operated by a service 13
member, in which the service member is either (i) a sole proprietor, 14
or (ii) the owner of at least fifty percent of the entity; and (b) 15
experiences a material reduction in revenue due to the service 16
member's military service. 17
(3) "Dependent" means: 18
(a) The service member's spouse; 19
(b) The service member's minor child; or 20
(c) An individual for whom the service member provided more than 21
one-half of the individual's support for one hundred eighty days 22
immediately preceding an application for relief under this chapter.23
(4) "Financial institution" means an institution as defined in 24
RCW 30A.22.041. 25
(5) "Judgment" does not include temporary orders as issued by a 26
judicial court or administrative tribunal in domestic relations cases 27
under Title 26 RCW, including but not limited to establishment of a 28
temporary child support obligation, creation of a temporary parenting 29
plan, or entry of a temporary protective or restraining order.30
(6) "Military service" means a service member:31
(a) Under a call to active service authorized by the president of 32
the United States or the secretary of defense for a period of more 33
than thirty consecutive days; or 34
(b) Under a call to active service authorized by the governor 35
under RCW 38.08.040 for a period of more than thirty consecutive 36
days. 37
(7) "National guard" has the meaning in RCW 38.04.010.38
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(8) "Service member" means an active member of the United States 1
armed forces, a member of a military reserve component, ((or)) a 2
member of the national guard who is either stationed in or a resident 3
of Washington state , or a member of the United States public health 4
service commissioned corps or national oceanic and atmospheric 5
administration commissioned officer corps. 6
Sec. 4. RCW 41.18.150 and 2007 c 218 s 55 are each amended to 7
read as follows: 8
(1) Every person who was a member of the fire department at the 9
time he or she entered and served in the armed forces or uniformed 10
services of the United States in time of war, whether as a draftee, 11
or inductee, and who shall have been discharged from such armed 12
forces or uniformed services under conditions other than 13
dishonorable, shall have added and accredited to his or her period of 14
employment as a firefighter his or her period of war or peacetime 15
service in the armed forces or uniformed services : PROVIDED, That 16
such added and accredited service shall not as to any individual 17
exceed five years. 18
(2) As used in this section, "uniformed services" includes the 19
United States public health service commissioned corps and the 20
national oceanic and atmospheric administration commissioned officer 21
corps.22
Sec. 5. RCW 41.20.050 and 2024 c 146 s 19 are each amended to 23
read as follows: 24
(1) Whenever a person has been duly appointed, and has served 25
honorably for a period of ((twenty-five)) 25 years, as a member, in 26
any capacity, of the regularly constituted police department of a 27
city subject to the provisions of this chapter, the board, after 28
hearing, if one is requested in writing, may order and direct that 29
such person be retired, and the board shall retire any member so 30
entitled, upon his or her written request therefor. The member so 31
retired hereafter shall be paid from the fund during his or her 32
lifetime a pension equal to ((fifty)) 50 percent of the amount of 33
salary at any time hereafter attached to the position held by the 34
retired member for the year preceding the date of his or her 35
retirement: PROVIDED, That, except as to a position higher than that 36
of captain held for at least three calendar years prior to date of 37
retirement, no such pension shall exceed an amount equivalent to 38
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((fifty)) 50 percent of the salary of captain, and all existing 1
pensions shall be increased to not less than ((three hundred 2
dollars)) $300 per month as of April 25, 1973: PROVIDED FURTHER, That 3
a person hereafter retiring who has served as a member for more than 4
((twenty-five)) 25 years, shall have his or her pension payable under 5
this section increased by two percent of his or her salary per year 6
for each full year of such additional service to a maximum of five 7
additional years. 8
(2) Any person who has served in a position higher than the rank 9
of captain for a minimum of three years may elect to retire at such 10
higher position and receive for his or her lifetime a pension equal 11
to ((fifty)) 50 percent of the amount of the salary at any time 12
hereafter attached to the position held by such retired member for 13
the year preceding his or her date of retirement: PROVIDED, That such 14
person make the said election to retire at a higher position by 15
September 1, 1969 and at the time of making the said election, pay 16
into the relief and pension fund in addition to the contribution 17
required by RCW 41.20.130: (((1) an)) (a) An amount equal to six 18
percent of that portion of all monthly salaries previously received 19
upon which a sum equal to six percent has not been previously 20
deducted and paid into the police relief and pension fund; (((2))) 21
(b) and such person agrees to continue paying into the police relief 22
and pension fund until the date of retirement, in addition to the 23
contributions required by RCW 41.20.130, an amount equal to six 24
percent of that portion of monthly salary upon which a six percent 25
contribution is not currently deducted pursuant to RCW 41.20.130.26
(3) Any person affected by this chapter who at the time of 27
entering the armed services was a member of such police department 28
and is an honorably discharged veteran or received a discharge for 29
physical reasons with an honorable record and whose military service 30
was during a period of war as defined in RCW 41.04.005, or at the 31
time of entering the uniformed services was a member of such police 32
department and has served during a period of war and received an 33
honorable discharge, is actively serving honorably, or received a 34
discharge for physical reasons with an honorable record, shall have 35
added to his or her period of employment as computed under this 36
chapter, his or her period of war service in the armed forces or 37
uniformed services , but such credited service shall not exceed five 38
years and such period of service shall be automatically added to each 39
member's service upon payment by him or her of his or her 40
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contribution for the period of his or her absence at the rate 1
provided in RCW 41.20.130. 2
(4) As used in this section, "uniformed services" includes the 3
United States public health service commissioned corps and the 4
national oceanic and atmospheric administration commissioned officer 5
corps.6
Sec. 6. RCW 41.40.170 and 2024 c 146 s 20 are each amended to 7
read as follows: 8
(1) A member who has served or shall serve on active federal 9
service in the military ((or)), naval forces , or uniformed services 10
of the United States and who left or shall leave an employer to enter 11
such service shall be deemed to be on military leave of absence if he 12
or she has resumed or shall resume employment as an employee within 13
one year from termination thereof. 14
(2) If he or she has applied or shall apply for reinstatement of 15
employment, within one year from termination of the military service, 16
and is refused employment for reasons beyond his or her control, he 17
or she shall, upon resumption of service within ((ten)) 10 years have 18
such service credited to him or her. 19
(3) In any event, after completing ((twenty-five)) 25 years of 20
creditable service, any member may have service in the armed forces 21
or uniformed services credited to him or her as a member whether or 22
not he or she left the employ of an employer to enter the armed 23
service or uniformed services : PROVIDED, That in no instance, 24
described in this section, shall military service in excess of five 25
years be credited: AND PROVIDED FURTHER, That in each instance the 26
member must restore all withdrawn accumulated contributions, which 27
restoration must be completed within five years of membership service 28
following the first resumption of employment or complete ((twenty-29
five)) 25 years of creditable service: AND PROVIDED FURTHER, That 30
this section will not apply to any individual, not an honorably 31
discharged veteran or veteran who received a physical discharge from 32
the armed forces with an honorable record. Furthermore, an individual 33
must prove that their military service was during a period of war as 34
defined in RCW 41.04.005 or a member of the uniformed services who 35
has served during a period of war and received an honorable 36
discharge, is actively serving honorably, or received a discharge for 37
physical reasons with an honorable record. 38
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(4)(a) A member, after completing ((twenty-five)) 25 years of 1
creditable service, who would have otherwise become eligible for a 2
retirement benefit as defined under this chapter while serving 3
honorably in the armed forces, and with service during a period of 4
war as referenced in RCW 41.04.005 or uniformed services as described 5
in subsection (3) of this section , shall, upon application to the 6
department, be eligible to receive credit for this service without 7
returning to covered employment. 8
(b) Service credit granted under (a) of this subsection applies 9
only to honorably discharged veterans or veterans who received a 10
physical discharge with an honorable record whose military service 11
was during a period of war as defined in RCW 41.04.005 or members of 12
the uniformed services as described in subsection (3) of this 13
section. 14
(5) The surviving spouse or eligible child or children of a 15
member who left the employ of an employer to enter the armed forces 16
or uniformed services of the United States and died while serving in 17
the armed forces or uniformed services may, on behalf of the deceased 18
member, apply for retirement system service credit under this 19
subsection up to the date of the member's death in the armed forces 20
or uniformed services. The department shall establish the deceased 21
member's service credit if the surviving spouse or eligible child or 22
children: 23
(a) Provides to the director proof of the member's death while 24
serving in the armed forces or uniformed services; and25
(b) Provides to the director proof of the member's honorable 26
service in the armed forces or uniformed services prior to the date 27
of death. 28
(6) A member who leaves the employ of an employer to enter the 29
armed forces or uniformed services of the United States and becomes 30
totally incapacitated for continued employment by an employer while 31
serving in the armed forces or uniformed services is entitled to 32
retirement system service credit under this subsection up to the date 33
of discharge from the armed forces or uniformed services if:34
(a) The member obtains a determination from the director that he 35
or she is totally incapacitated for continued employment due to 36
conditions or events that occurred while serving in the armed forces 37
or uniformed services; and 38
(b) The member provides to the director proof of honorable 39
discharge from the armed forces or uniformed services.40
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(7) As used in this section, "uniformed services" includes the 1
United States public health service commissioned corps and the 2
national oceanic and atmospheric administration commissioned officer 3
corps.4
Sec. 7. RCW 43.24.130 and 2024 c 146 s 21 are each amended to 5
read as follows: 6
(1) Notwithstanding any provision of law to the contrary, the 7
license of any person licensed by the director of licensing, or the 8
boards and commissions listed in chapter 18.235 RCW, to practice a 9
profession or engage in an occupation, if valid and in force and 10
effect at the time the licensee entered service in the armed forces, 11
the United States public health service commissioned corps, the 12
national oceanic and atmospheric administration commissioned officer 13
corps, or the merchant marine of the United States, shall continue in 14
full force and effect so long as such service continues, unless 15
sooner suspended, canceled, or revoked for cause as provided by law. 16
The director, board, or commission shall renew the license of every 17
such person who applies for renewal thereof within six months after 18
being discharged from service with a qualifying discharge as defined 19
in RCW 73.04.005, upon payment of the renewal fee applicable to the 20
then current year or other license period. 21
(2) If requested by the licensee, the license of a spouse or 22
registered domestic partner of a service member in the United States 23
armed forces, including the United States public health service 24
commissioned corps and the national oceanic and atmospheric 25
administration commissioned officer corps , if valid and in force and 26
effect at the time the service member is deployed or stationed in a 27
location outside Washington state, must be placed in inactive 28
military spouse or registered domestic partner status so long as such 29
service continues, unless sooner suspended, canceled, or revoked for 30
cause as provided by law. The director, board, or commission shall 31
return to active status the license of every such person who applies 32
for activation within six months after returning to Washington state, 33
upon payment of the current renewal fee and meeting the current 34
renewal conditions of the respective license. 35
(3) The director, board, or commission may adopt any rules 36
necessary to implement this section. 37
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Sec. 8. RCW 41.04.010 and 2024 c 146 s 14 are each amended to 1
read as follows: 2
(1) In all competitive examinations, unless otherwise provided in 3
this section, to determine the qualifications of applicants for 4
public offices, positions, or employment, either the state, and all 5
of its political subdivisions and all municipal corporations, or 6
private companies or agencies contracted with by the state to give 7
the competitive examinations shall give a scoring criteria status to 8
all veterans as defined in RCW 41.04.007 and members of the uniformed 9
services as defined in this section , by adding to the passing mark, 10
grade or rating only, based upon a possible rating of one hundred 11
points as perfect a percentage in accordance with the following:12
(((1)))(a) Ten percent to a veteran or member of the uniformed 13
services who served during a period of war or in an armed conflict as 14
defined in RCW 41.04.005 and does not receive military retirement. 15
The percentage shall be added to the passing mark, grade, or rating 16
of competitive examinations until the veteran's or uniformed service 17
member's first appointment. The percentage shall not be utilized in 18
promotional examinations; 19
(((2))) (b) Five percent to a veteran or member of the uniformed 20
services who did not serve during a period of war or in an armed 21
conflict as defined in RCW 41.04.005 or is receiving military 22
retirement. The percentage shall be added to the passing mark, grade, 23
or rating of competitive examinations until the veteran's or 24
uniformed service member's first appointment. The percentage shall 25
not be utilized in promotional examinations; 26
(((3))) (c) Five percent to a veteran or member of the uniformed 27
services who was called to active military service from employment 28
with the state or any of its political subdivisions or municipal 29
corporations. The percentage shall be added to promotional 30
examinations until the first promotion only; 31
(((4))) (d) All veterans' scoring criteria may be claimed:32
(((a))) (i) Upon release from active military service with a 33
qualifying discharge as defined in RCW 73.04.005; or34
(((b))) (ii) Upon receipt of a United States department of 35
defense discharge document DD form 214, NGB form 22, or their 36
equivalent or successor discharge paperwork, that characterizes his 37
or her discharge as a qualifying discharge as defined in RCW 38
73.04.005. 39
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(2) As used in this section, "member of the uniformed services" 1
or "uniformed services member" means a person serving or who has 2
served in the United States public health service commissioned corps 3
or the national oceanic and atmospheric administration commissioned 4
officer corps who received a qualifying discharge as defined in RCW 5
73.04.005 or is actively serving honorably.6
Sec. 9. RCW 41.44.030 and 2012 c 117 s 61 are each reenacted and 7
amended to read as follows: 8
As used in this chapter, unless a different meaning is plainly 9
required by the context: 10
(1) "Accumulated additional contributions" means the sum of all 11
"additional contributions" made by a member standing to the credit of 12
the individual account, together with regular interest thereon.13
(2) "Accumulated normal contributions" means the sum of all 14
normal contributions, deducted from the compensation of a member, 15
standing to the credit of his or her individual account, together 16
with regular interest thereon. 17
(3) "Actuarial equivalent" means a benefit of equal value when 18
computed at regular interest upon the basis of such mortality tables 19
as shall be adopted by the board of trustees. 20
(4) "Additional contributions" means contributions made pursuant 21
to ((subsection (6) of)) RCW 41.44.130(6). 22
(5) "Annuity" means payments derived from contributions made by a 23
member as provided herein. 24
(6) "Beneficiary" means any person in receipt of a pension, 25
annuity, retirement allowance, disability allowance, or any other 26
benefit herein. 27
(7) "Board" means the "board of trustees" provided for herein.28
(8) "City" or "cities" includes town or towns.29
(9) "Compensation" means the compensation payable in cash, plus 30
the monetary value, as determined by the board of trustees, of any 31
allowance in lieu thereof (but for the purposes of this chapter such 32
"compensation" shall not exceed three hundred dollars per month, 33
except as to those employees of any member city the legislative body 34
of which shall not later than July 1, 1953, have irrevocably elected 35
by resolution or ordinance to increase the limitation herein 36
contained, effective as to all of its employees, from three hundred 37
dollars to four hundred dollars, commencing on said date, or which 38
shall so elect prior to January 1st of any succeeding year, effective 39
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as of January 1st of any such succeeding year, and as to such 1
employees shall, commencing on the specified date, not exceed four 2
hundred dollars or an amount equal to such increased limitation 3
established by such ordinance or resolution per month): PROVIDED 4
HOWEVER, That the foregoing limitation shall not apply to uniformed 5
personnel. 6
(10) "Compensation earnable" means the full rate of compensation 7
that would be payable to an employee if he or she worked the full 8
normal working time (but for the purposes of this chapter, such 9
"compensation earnable" shall not exceed three hundred dollars per 10
month, except as to those employees of any member city the 11
legislative body of which shall not later than July 1, 1953, have 12
irrevocably elected by resolution or ordinance to increase the 13
limitation herein contained, effective as to all of its employees, 14
from three hundred dollars to four hundred dollars, commencing on 15
said date, or which shall so elect prior to January 1st of any 16
succeeding year, effective as of January 1st of any such succeeding 17
year, and as to such employees shall, commencing on the specified 18
date, not exceed four hundred dollars or an amount equal to such 19
increased limitation established by such ordinance or resolution per 20
month): PROVIDED, HOWEVER, That the foregoing limitation shall not 21
apply to uniformed personnel: PROVIDED FURTHER, That after January 1, 22
1968, this term shall mean the full rate of compensation payable to 23
an employee if he or she worked the full normal working time.24
(11) "Creditable service" means such service as is evidenced by 25
the record of normal contributions, plus prior service as evidenced 26
by prior service certificate. 27
(12) "Current service" means service after the employee has 28
become a member of the system. 29
(13) "Effective date" when used with regard to employees means 30
the date on which any individual or group of employees became members 31
of any retirement system and when used with regard to any city or 32
town shall mean the date on which it became a participant.33
(14) "Employee" means any appointive officer or employee and 34
shall include elective officials to the extent specified herein.35
(15) "Excess interest income" means that interest income earned 36
and received from investments in excess of the interest income on 37
investments required to meet actuarial funding requirements.38
(16) "Final compensation" means the highest average annual 39
compensation earnable in any five consecutive years of actual service 40
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rendered during the ten years immediately preceding retirement, or 1
where the employee has less than five consecutive years of actual 2
service, the earnable compensation for the last five years preceding 3
his or her retirement. 4
(17) "Fiscal year" means any year commencing with January 1st and 5
ending with December 31st next following. 6
(18) "Matching contribution" means the contribution of the city 7
deposited in an amount equal to the normal contributions of the 8
employee. 9
(19) "Member" means any person included in the membership of the 10
retirement system as provided herein. 11
(20) "Miscellaneous personnel" means officers and employees other 12
than those in the uniformed police or fire service: PROVIDED, Those 13
members of the fire department who are ineligible to the benefits of 14
a firefighters' pension system established by or pursuant to any 15
other state law, are also included in the miscellaneous personnel.16
(21) "Normal contributions" means the contributions at the rate 17
provided for in RCW 41.44.130, excluding those referred to in 18
((subsection (6))) RCW 41.44.130(6). 19
(22) "Part time employees" means those employees who, although 20
regularly and continuously employed, do not regularly perform their 21
duties the full number of hours required of other regular employees, 22
including but not confined to such employees as police judges, city 23
attorneys, and other officers and employees who are also engaged in 24
outside employment or occupations. 25
(23) "Pension" means payments derived from contributions made by 26
the city as provided herein. 27
(24) "Persons having an insurable interest in his or her life" 28
means and includes only such persons who, because of relationship 29
from ties of blood or marriage, have reason to expect some benefit 30
from the continuation of the life of the member. 31
(25) "Prior service" means the service of a member for 32
compensation rendered a city prior to the effective date and shall 33
include service in the armed forces of the United States to the 34
extent specified herein and service specified in RCW 41.44.120(5).35
(26) "Regular interest" means interest compounded annually at 36
such rate as shall have been adopted by the board of trustees in 37
accordance with the provisions of this chapter. 38
(27) "Released matching contributions" means such "matching 39
contributions" as are no longer held for the benefit of the employee.40
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(28) "Retirement allowance" means the pension plus annuity.1
(29) "Retirement fund" means "statewide city employees retirement 2
fund" provided for herein. 3
(30) "Retirement system" means the statewide city employees 4
retirement system provided for herein. 5
(31) "Service" means service rendered to a city for compensation; 6
and for the purpose of this chapter a member shall be considered as 7
being in service only while he or she is receiving compensation from 8
the city for such service or is on leave granted for service in the 9
armed forces or uniformed services of the United States as 10
contemplated in RCW 41.44.120. 11
(32) "Uniformed personnel" means any employee who is a police 12
officer in service or who is subject to call to active service or 13
duty as such. 14
(33) "Uniformed services" includes the United States public 15
health service commissioned corps and the national oceanic and 16
atmospheric administration commissioned officer corps.17
Sec. 10. RCW 41.44.120 and 2012 c 117 s 65 are each amended to 18
read as follows: 19
(1) Subject to subsections (4) and (5) of this section the 20
following members shall be entitled to prior service credit:21
(a) Each member in service on the effective date.22
(b) Each member entering after the effective date if such entry 23
is within one year after rendering service prior to the effective 24
date. 25
(c) Each member entering in accordance with the provisions and 26
subject to the conditions and limitations prescribed in subsection 27
(5) of this section. 28
As soon as practicable, the board shall issue to each member 29
entitled to prior service credit a certificate certifying the 30
aggregate length of service rendered prior to the effective date. 31
Such certificate shall be final and conclusive as to his or her prior 32
service unless hereafter modified by the board, upon application of 33
the member. 34
(2) Each city joining the system shall have the privilege of 35
selecting the rate at which prior service pensions shall be 36
calculated for its employees and may select any one of the three 37
rates set forth below: 38
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(a) 1.33% of final compensation multiplied by the number of years 1
of prior service credited to the member. This rate may be referred to 2
as "full prior service credit." 3
(b) 1.00% of final compensation multiplied by the number of years 4
of prior service credited to the member. This rate may be referred to 5
as "full prior service credit." 6
(c) .667% of final compensation multiplied by the number of years 7
of prior service credited to the member. This rate may be referred to 8
as "one-half prior service credit." 9
(3) The above rates shall apply at the age of sixty-two or over 10
for members included in the miscellaneous personnel and at age sixty 11
or over for members in the uniformed personnel: PROVIDED, That if a 12
member shall retire before attaining either of the ages above 13
referred to, the total prior service pension shall be reduced to the 14
percentages computed and established in accordance with the following 15
tables, to wit: 16
17
18
Miscellaneous Personnel
Percent of Full Prior Service Allowable
19 Male Female
20 Age Factor Age Factor
21 45 . . . . . 65.48 45 . . . . . 66.78
22 46 . . . . . 66.86 46 . . . . . 67.91
23 47 . . . . . 68.29 47 . . . . . 69.09
24 48 . . . . . 69.77 48 . . . . . 70.34
25 49 . . . . . 71.28 49 . . . . . 71.67
26 50 . . . . . 72.82 50 . . . . . 73.10
27 51 . . . . . 74.43 51 . . . . . 74.71
28 52 . . . . . 76.13 52 . . . . . 76.41
29 53 . . . . . 77.93 53 . . . . . 78.21
30 54 . . . . . 79.84 54 . . . . . 80.11
31 55 . . . . . 81.86 55 . . . . . 82.12
32 56 . . . . . 84.00 56 . . . . . 84.24
33 57 . . . . . 86.28 57 . . . . . 86.50
34 58 . . . . . 88.69 58 . . . . . 88.89
35 59 . . . . . 91.26 59 . . . . . 91.42
36 60 . . . . . 94.00 60 . . . . . 94.11
37 61 . . . . . 96.90 61 . . . . . 96.96
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1 62 . . . . . 100.00 62 . . . . . 100.00
2
3
Percent of Full Prior Service Allowable
Uniformed Personnel
4 Age Factor
5 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69.66
6 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.13
7 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72.65
8 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.22
9 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.83
10 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77.47
11 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79.18
12 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.99
13 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.91
14 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84.93
15 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87.09
16 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89.37
17 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.79
18 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94.36
19 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97.09
20 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
(4) If sickness, injury, or service in the armed forces or 21
uniformed services of the United States during the national emergency 22
identified with World War I or World War II and/or service in the 23
armed forces or uniformed services of the United States of America 24
for extended active duty by any employee who shall have been 25
regularly granted a leave of absence from the city service by reason 26
thereof, prevents any regular employee from being in service on the 27
effective date, the board shall grant prior service credit to such 28
person when he or she is again employed. The legislative authority in 29
each participating city shall specify the amount of prior service to 30
be granted or current service credit to be made available to such 31
employees: PROVIDED, That in no case shall such service credit exceed 32
five years. Certificate of honorable discharge from or documentary 33
evidence of such service shall be submitted to the board before any 34
such credit may be granted or made available. Prior or current 35
p. 15 SB 5420
service rates, or both, for such employees shall not exceed the rates 1
established for fellow employees. 2
(5) There shall be granted to any person who was an employee of a 3
private enterprise or a portion thereof which shall be hereafter 4
acquired by a city as a matter of public convenience or necessity, 5
where it is in the public interest to retain the trained personnel of 6
such enterprise or portion thereof, credit for prior service for the 7
period such person was actually employed by such private enterprise, 8
except that this shall apply only to those persons who shall be 9
employees of such enterprise or portion thereof at the time of its 10
acquisition by the city and who remain in the service of such city 11
until the effective date of membership of such person under this 12
chapter. 13
There shall be granted to any person who was an employee of any 14
state association of cities and towns, which association elects to 15
participate in the retirement system established by this chapter, 16
credit for prior service for the period such person was actually 17
employed by such association, except that this shall apply only to 18
those persons who shall be employees of such association on May 21, 19
1971. 20
Credit for such prior service shall be given only if payment for 21
the additional cost of including such service has been made or if 22
payment of such additional cost or reimbursement therefor has been 23
otherwise provided for to the satisfaction of the board or if such 24
person be entitled to any private pension or retirement benefits as a 25
result of such service with such private enterprise, credit will be 26
given only if he or she agrees at the time of his or her employment 27
by the municipality to accept a reduction in the payment of any 28
benefits payable under this chapter that are based in whole or in 29
part on such added and accredited service by the amount of these 30
private pension or retirement benefits received. The conditions and 31
limitations provided for in this subsection (5) shall be embodied in 32
any certificate of prior service issued or granted by the board where 33
any portion of the prior service credited under this subsection is 34
included therein. 35
The city may receive payments for these purposes from a third 36
party and shall make from such payments contributions with respect to 37
such prior service as may be necessary to enable the fund to assume 38
its obligations. 39
p. 16 SB 5420
Sec. 11. RCW 73.16.031 and 2001 c 133 s 3 are each amended to 1
read as follows: 2
The definitions in this section apply throughout this chapter 3
unless the context clearly requires otherwise. 4
(1) "Attorney general" means the attorney general of the state of 5
Washington or any person designated by the attorney general to carry 6
out a responsibility of the attorney general under this chapter.7
(2) "Benefit," "benefit of employment," or "rights and benefits" 8
means any advantage, profit, privilege, gain, status, account, or 9
interest (other than wages or salary for work performed) that accrues 10
by reason of an employment contract or agreement or an employer 11
policy, plan, or practice and includes rights and benefits under a 12
pension plan, a health plan, an employee stock ownership plan, 13
insurance coverage and awards, bonuses, severance pay, supplemental 14
unemployment benefits, vacations, and the opportunity to select work 15
hours or location of employment. 16
(3) "Employee" means a person in a position of employment.17
(4) "Employer" means the person, firm, or corporation, the state, 18
or any elected or appointed public official currently having control 19
over the position that has been vacated. 20
(5) "Health plan" means an insurance policy or contract, medical 21
or hospital service agreement, membership or subscription contract, 22
or other arrangement under which health services for individuals are 23
provided or the expenses of such services are paid.24
(6) "Notice" means any written or verbal notification of an 25
obligation or intention to perform service in the uniformed services 26
provided to an employer by the employee who will perform such service 27
or by the uniformed service in which such service is to be performed.28
(7) "Position of employment" means any position (other than 29
temporary) wherein a person is engaged for a private employer, 30
company, corporation, or the state. 31
(8) "Qualified," with respect to an employment position, means 32
having the ability to perform the essential tasks of the position.33
(9) "Rejectee" means a person rejected because he or she is not, 34
physically or otherwise, qualified to enter the uniformed service.35
(10) "Resident" means any person residing in the state with the 36
intent to remain other than on a temporary or transient basis.37
(11) "Seniority" means longevity in employment together with any 38
benefits of employment which accrue with, or are determined by, 39
longevity in employment. 40
p. 17 SB 5420
(12) "Service in the uniformed services" means the performance of 1
duty on a voluntary or involuntary basis in a uniformed service under 2
competent authority and includes active duty, active duty for 3
training, initial active duty for training, inactive duty training, 4
full-time national guard duty (including state-ordered active duty), 5
and a period for which a person is absent from a position of 6
employment for the purpose of an examination to determine the fitness 7
of the person to perform any such duty. 8
(13) "State" means the state of Washington, including the 9
agencies and political subdivisions thereof. 10
(14) "Temporary position" means a position of short duration 11
which, after being vacated, ceases to exist and wherein the employee 12
has been advised as to its temporary nature prior to his or her 13
engagement. 14
(15) "Undue hardship," in the case of actions taken by an 15
employer, means actions requiring significant difficulty or expense 16
when considered in light of: 17
(a) The nature and cost of the action needed under this chapter;18
(b) The overall financial resources of the facility or facilities 19
involved in the provision of the action; the number of persons 20
employed at such facility; the effect on expenses and resources; or 21
the impact otherwise of such action upon the operation of the 22
facility; and 23
(c) The type of operation or operations of the employer, 24
including the composition, structure, and functions of the workforce 25
of such employer, the geographic separateness, administrative, or 26
fiscal relationship of the facility or facilities in question to the 27
employer. 28
(16) "Uniformed services" means the armed forces, the army 29
national guard, and the air national guard of any state, territory, 30
commonwealth, possession, or district when engaged in active duty for 31
training, inactive duty training, full -time national guard duty, or 32
state active duty, the commissioned corps of the public health 33
service, the national oceanic and atmospheric administration 34
commissioned officer corps, the coast guard, and any other category 35
of persons designated by the president of the United States in time 36
of war or national emergency. 37
Sec. 12. RCW 73.16.010 and 2024 c 146 s 33 are each amended to 38
read as follows: 39
p. 18 SB 5420
In every public department, and upon all public works of the 1
state, and of any county thereof, soldiers, sailors, guardians, 2
marines and other members of the uniformed services ((who are 3
veterans of any war of the United States, or of any military campaign 4
for which a campaign ribbon shall have been awarded )) with a 5
qualifying discharge as defined in RCW 73.04.005, and their widows or 6
widowers, shall be preferred for appointment and employment. Age, 7
loss of limb, or other physical impairment, which does not in fact 8
incapacitate, shall not be deemed to disqualify them, provided they 9
possess the capacity necessary to discharge the duties of the 10
position involved: ((PROVIDED, That)) Spouses of active duty service 11
members and spouses of veterans with a qualifying discharge as 12
defined in RCW 73.04.005 and who have a service connected permanent 13
and total disability shall also be preferred for appointment and 14
employment. 15
Sec. 13. RCW 73.16.051 and 2001 c 133 s 7 are each amended to 16
read as follows: 17
Any person who is entitled to be restored to a position in 18
accordance with this chapter shall be considered as having been on 19
furlough or leave of absence, from his or her position of employment, 20
during his or her period of active military duty or service, or 21
period of service in any of the other uniformed services, and he or 22
she shall be so restored without loss of seniority. He or she shall 23
further be entitled to participate in insurance, vacations, 24
retirement pay, and other benefits offered by the employer pursuant 25
to established rules and practices relating to employees on furlough 26
or leave of absence in effect with the employer at the time such 27
person was ordered into the service; and he or she shall not be 28
discharged from such position without cause within one year after 29
restoration. 30
Sec. 14. RCW 73.16.110 and 2011 c 144 s 1 are each amended to 31
read as follows: 32
(1) The legislature intends to establish a permissive preference 33
in private employment for certain veterans and military spouses.34
(2) In every private, nonpublic employment in this state, 35
honorably discharged soldiers, sailors, ((and)) marines ((who are 36
veterans of any war of the United States, or of any military campaign 37
for which a campaign ribbon has been awarded )), guardians, and 38
p. 19 SB 5420
uniformed service members and their widows or widowers, may be 1
preferred for employment. Spouses of active duty service members and 2
spouses of honorably discharged veterans who have a service connected 3
permanent and total disability may also be preferred for employment. 4
These preferences are not considered violations of any state or local 5
equal employment opportunity law, including but not limited to any 6
statute or regulation adopted under chapter 49.60 RCW.7
(3) "Veteran" has the same meanings as defined in RCW 41.04.005 8
and 41.04.007, and includes a current member of the national guard or 9
armed forces reserves who has been deployed to serve in an armed 10
conflict. 11
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p. 20 SB 5420