Revised Code of Washington
Chapter 28B.10 - Colleges and Universities Generally.
28B.10.423 - Annuities and retirement income plans—Limit on retirement income—Adjustment of rates—Limitation of state funding—Actuarial valuation of supplemental benefit plans.

RCW 28B.10.423
Annuities and retirement income plans—Limit on retirement income—Adjustment of rates—Limitation of state funding—Actuarial valuation of supplemental benefit plans.

(1) For employees who are first employed by an institution of higher education in a position eligible for participation in an old age annuities or retirement income plan under this chapter prior to July 1, 2011, it is the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, and 28B.10.420 and this section that the retirement income resulting from the contributions described herein from the state of Washington and the employee shall be projected actuarially so that it shall not exceed sixty percent of the average of the highest two consecutive years salary. Periodic review of the retirement systems established pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, and 28B.10.420 and this section will be undertaken at such time and in such manner as determined by the committees on ways and means of the senate and of the house of representatives, the select committee on pension policy, and the pension funding council, and joint contribution rates will be adjusted if necessary to accomplish this intent.
(2) Beginning July 1, 2011, state funding for annuity or retirement income plans under RCW 28B.10.400 shall not exceed six percent of salary. The state board for community and technical colleges and the student achievement council are exempt from the provisions of this subsection (2).
(3) By June 30, 2013, and every two years thereafter, each institution of higher education that is responsible for payment of supplemental amounts under RCW 28B.10.400(1)(c) shall contract with the state actuary under chapter 41.44 RCW for an actuarial valuation of their supplemental benefit plan. By June 30, 2013, and at least once every six years thereafter, each institution shall also contract with the state actuary under chapter 41.44 RCW for an actuarial experience study of the mortality, service, compensation, and other experience of the annuity or retirement income plans created in this chapter, and into the financial condition of each system. At the discretion of the state actuary, the valuation or experience study may be performed by the state actuary or by an outside actuarial firm under contract to the office of the state actuary. Each institution of higher education is required to provide the data and information required for the performance of the valuation or experience study to the office of the state actuary or to the actuary performing the study on behalf of the state actuary. The state actuary may charge each institution for the actual cost of the valuation or experience study through an interagency agreement. Upon completion of the valuation or experience study, the state actuary shall provide copies of the study to the institution of higher education and to the select committee on pension policy and the pension funding council.
(4)(a) From January 1, 2012, through June 30, 2013, an employer contribution rate of one-quarter of one percent of salary is established to begin prefunding the unfunded future obligations of the supplemental benefit established in RCW 28B.10.400.
(b) Beginning July 1, 2013, an employer contribution rate of one-half of one percent of salary is established to prefund the unfunded future obligations of the supplemental benefit established in RCW 28B.10.400.
(c)(i) Beginning July 1, 2020, the employer contribution rates for each state institution of higher education are as follows:
University of Washington: 0.38 percent
Washington State University: 0.30 percent
Western Washington University: 0.21 percent
Eastern Washington University: 0.28 percent
Central Washington University: 0.28 percent
The Evergreen State College: 0.23 percent
State board for community and technical colleges: 0.13 percent
(ii) The contribution rates established in this section may be changed by rates adopted by the pension funding council beginning July 1, 2021, consistent with (e) of this subsection.
(iii) The rates in this subsection (4) are subject to the limit established in subsection (2) of this section.
(d) Consistent with chapter 41.50 RCW, the department of retirement systems shall collect the employer contribution rates established in this section from each state institution of higher education, and deposit those contributions into the higher education retirement plan supplemental benefit fund under RCW 41.50.075(6). The contributions made by each employer into the higher education retirement plan supplemental benefit fund and the earnings on those contributions shall be accounted for separately within the fund.
(e) Following the completion and review of the actuarial valuations and experience study conducted pursuant to subsection (3) of this section, the pension funding council may, by July 31, 2020, and every two years thereafter, adopt and make changes to the employer contribution rates established in this subsection consistent with the procedures established in chapter 41.45 RCW. If the actuarial valuations of the higher education retirement plans of each institution contributing to the higher education retirement plan supplemental benefit fund suggest that different contribution rates are appropriate for each institution, different rates may be adopted. Rates adopted by the pension funding council are subject to revision by the legislature.
(f)(i) The rates adopted by the pension funding council must be designed to keep the cost of the higher education retirement plan supplemental benefits at a more level percentage of pay than a pay-as-you-go method. This more level percentage of pay of costs means a combination of the cost of supplemental benefits paid by the institution directly, plus the cost of contributions to the higher education retirement plan supplemental benefit fund. Contributions shall continue until the projected value of the funds equals the projected cost of future benefits for the institution.
(ii) Funds are anticipated to be accumulated in the higher education retirement plan supplemental benefit fund, and not expended on benefits until approximately the year 2035.
(iii) The pension funding council, in consultation with the state actuary, may choose and occasionally revise, a funding method designed to achieve these objectives.

[ 2020 c 103 § 2; 2012 c 229 § 516; 2011 1st sp.s. c 47 § 7; 1973 1st ex.s. c 149 § 8.]
NOTES:

Findings—Intent—2020 c 103: "(1) The legislature finds that:
(a) Chapter 47, Laws of 2011 1st sp. sess. (Engrossed Substitute House Bill No. 1981) established a framework to allow the state's institutions of higher education to begin funding the unfunded portion of the defined benefit component of the higher education retirement plans.
(b) Moneys in the fund are being invested in short-term assets with low rates of return because there is no stated or clear pathway for when these funds will be used to pay benefits and that a stated strategy would allow these funds to be invested at a higher rate of return.
(c) The first actuarial analysis of the plans was completed in 2016, which provided information about projected future costs and potential institution specific rates that would allow benefits to be paid from the fund beginning in 2035.
(2) Therefore, the legislature intends the following:
(a) To establish institution specific contribution rates for each institutions of higher education supplemental benefit plan;
(b) The pension funding council will adjust the institution specific rates periodically based on updated experience and actuarial analyses to maintain progress towards funding the actuarial liabilities of each institution and to allow payment from the funds by 2035;
(c) Future contribution rates represent the cost of paying on a combined prefunded and pay-as-you-go basis in a way that reduces the year-to-year changes in cost that the higher education retirement plan supplemental benefit has under current law;
(d) The department of retirement systems assumes responsibility for administering the higher education retirement plan supplemental benefit fund when sufficient assets have been accumulated, as determined by the pension funding council;
(e) When sufficient funding has been accumulated to begin making benefit payments that the payments be made solely from that institution's portion of the higher education retirement plan supplemental benefit fund;
(f) That moneys in the fund be invested in a way to maximize returns." [ 2020 c 103 § 1.]


Effective date—2020 c 103: "This act takes effect July 1, 2020." [ 2020 c 103 § 8.]


Effective date—2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.


Intent—Effective dates—2011 1st sp.s. c 47: See notes following RCW 28B.10.400.


Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400.

Structure Revised Code of Washington

Revised Code of Washington

Title 28B - Higher Education

Chapter 28B.10 - Colleges and Universities Generally.

28B.10.016 - Definitions.

28B.10.017 - "Eligible student" defined.

28B.10.019 - Electronic signatures.

28B.10.020 - Acquisition of property by universities and The Evergreen State College.

28B.10.022 - Authority to enter into financing contracts—Notice.

28B.10.023 - Contracts subject to requirements established under office of minority and women's business enterprises.

28B.10.024 - Awards of procurement contracts to veteran-owned businesses.

28B.10.025 - Purchases of works of art—Procedure.

28B.10.027 - Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions.

28B.10.029 - Property purchase and disposition—Independent purchasing authority—Purchase of correctional industries products.

28B.10.0291 - Savings report—2012 c 230.

28B.10.030 - Display of United States flag.

28B.10.031 - Check cashing privileges.

28B.10.032 - Public and private institutions offering teacher preparation programs—Exploration of methods to enhance awareness of teacher preparation programs.

28B.10.033 - Teacher preparation programs.

28B.10.034 - Central Washington University—Student teacher remote supervision.

28B.10.035 - Concurrent enrollment program accreditation.

28B.10.037 - Student expression in school-sponsored media.

28B.10.040 - Higher educational institutions to be nonsectarian.

28B.10.042 - Personal identifiers—Use of social security numbers prohibited.

28B.10.0421 - Personal identifiers—Funding.

28B.10.050 - Entrance requirements exceeding minimum requirements.

28B.10.053 - Postsecondary credit for high school coursework—Master list of qualifying courses and qualifying examination scores—Dissemination of information.

28B.10.054 - Credit policies for AP, international baccalaureate, and Cambridge international exams—Reports.

28B.10.057 - Academic credit for military training.

28B.10.100 - "Major line" defined.

28B.10.105 - Courses exclusive to the University of Washington.

28B.10.106 - Courses exclusive to Washington State University.

28B.10.115 - Major lines common to University of Washington and Washington State University.

28B.10.118 - Accelerated baccalaureate degree programs—Approval.

28B.10.120 - Graduate work.

28B.10.140 - Teachers' training courses.

28B.10.145 - Diversity, equity, inclusion, and antiracism—Professional development.

28B.10.147 - Diversity, equity, inclusion, and antiracism—Campus climate assessment.

28B.10.149 - Diversity, equity, inclusion, and antiracism—Program for students.

28B.10.151 - Diversity, equity, inclusion, and antiracism—Reports.

28B.10.170 - College and university fees.

28B.10.270 - Rights of Washington national guard and other military reserve students called to service.

28B.10.280 - Student loans—Federal student aid programs.

28B.10.281 - Student loans—Certain activities may make student ineligible for aid.

28B.10.284 - Uniform minor student capacity to borrow act.

28B.10.285 - Student financial aid information—Notice to students—Development of reporting form—Compliance reporting.

28B.10.287 - Postsecondary institution financial aid disbursement by third party.

28B.10.293 - Collection of debts—Conditions and limitations on institutions of higher education.

28B.10.294 - Collection of debts—Report.

28B.10.295 - Educational materials on abuses of, and illnesses consequent from, alcohol.

28B.10.300 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authorized.

28B.10.305 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Use of lands, buildings, and facilities.

28B.10.310 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Bonds—Sale, interest, form, payment, term, execution, negotiability, etc.

28B.10.315 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Funding, refunding bonds.

28B.10.320 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authority to be liberally construed—Future acquisitions and installations may be pledged for payment.

28B.10.325 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Rate of interest on obligations.

28B.10.330 - Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Nonliability of state.

28B.10.335 - Validation of prior bond issues.

28B.10.350 - Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College.

28B.10.354 - High-performance public buildings requirements.

28B.10.360 - Educational and career opportunities in the military, student access to information on, when.

28B.10.400 - Annuities and retirement income plans—Authorized.

28B.10.401 - Assumptions to be applied when establishing supplemental payment under RCW 28B.10.400(3).

28B.10.405 - Annuities and retirement income plans—Contributions by faculty and employees.

28B.10.407 - Annuities and retirement income plans—Credit for authorized leaves of absence without pay.

28B.10.409 - Annuities and retirement income plans—Membership while serving as state legislator.

28B.10.410 - Annuities and retirement income plans—Limitation on institution's contribution.

28B.10.415 - Annuities and retirement income plans—Limitation on annuity or retirement income plan payment.

28B.10.417 - Annuities and retirement income plans—Rights and duties of faculty or employees with Washington state teachers' retirement system credit—Regional universities and The Evergreen State College.

28B.10.420 - Annuities and retirement income plans—Retirement at age seventy—Reemployment, conditions when.

28B.10.423 - Annuities and retirement income plans—Limit on retirement income—Adjustment of rates—Limitation of state funding—Actuarial valuation of supplemental benefit plans.

28B.10.425 - Additional pension for certain retired university faculty members or employees.

28B.10.430 - Annuities and retirement income plans—Minimum monthly benefit—Computation.

28B.10.431 - Annuities and retirement income plans—Monthly benefit—Post-retirement adjustment—Computation.

28B.10.480 - Tax deferred annuities for employees.

28B.10.485 - Charitable gift annuities, issuance of by universities and The Evergreen State College—Scope.

28B.10.487 - Charitable gift annuities, issuance of by universities and The Evergreen State College—Obligation as to annuity payments.

28B.10.500 - Removal of regents or trustees from universities and The Evergreen State College.

28B.10.510 - Attorney general as advisor.

28B.10.520 - Regents and trustees—Oaths.

28B.10.525 - Regents and trustees—Travel expenses.

28B.10.528 - Delegation of powers and duties by governing boards.

28B.10.550 - Police forces for universities and The Evergreen State College—Authorized.

28B.10.555 - Police forces for universities and The Evergreen State College—Powers.

28B.10.560 - Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication of parking infractions—Appeal.

28B.10.567 - Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury.

28B.10.570 - Interfering by force or violence with any administrator, faculty member or student unlawful—Penalty.

28B.10.571 - Intimidating any administrator, faculty member, or student by threat of force or violence unlawful—Penalty.

28B.10.572 - Certain unlawful acts—Disciplinary authority exception.

28B.10.575 - Student housing—Liquor prohibited, areas—Complaints regarding liquor and illegal drug use—Policies, procedures, sanctions.

28B.10.577 - Opioid overdose reversal medication—Administration—Training—Assistance with grants and donations.

28B.10.580 - Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose.

28B.10.582 - Term papers, theses, dissertations, sale of prohibited—Definitions.

28B.10.584 - Term papers, theses, dissertations, sale of prohibited—Violations enumerated—Exempted acts—Civil penalties—Injunctive relief.

28B.10.590 - Course materials—Cost savings—Online course descriptions.

28B.10.592 - College textbook information—Publishers' duties.

28B.10.600 - District schools may be used for teacher training by universities and The Evergreen State College—Authority.

28B.10.605 - District schools may be used for teacher training by universities and The Evergreen State College—Agreement for financing, organization, etc.

28B.10.618 - Credit card marketing policies.

28B.10.620 - Agreements for research work by private nonprofit corporations at universities—Authority.

28B.10.625 - Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort.

28B.10.630 - Commercialization of research and other economic development and workforce development opportunities.

28B.10.631 - Bridge-funding programs—Establishment and administration.

28B.10.640 - Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.

28B.10.648 - Employees—Peer review committees—Members' immunity—Proceedings—Statement of reasons—Legal representation of members.

28B.10.650 - Remunerated professional leaves for faculty members of institutions of higher education.

28B.10.660 - Insurance or protection—Premiums—Health benefits for graduate student appointees—Students participating in studies or research outside the United States.

28B.10.665 - Liability insurance for officers and employees authorized.

28B.10.679 - Washington mathematics placement test.

28B.10.680 - Precollege coursework—Findings—Intent.

28B.10.685 - Precollege coursework—Enrollment information—Report.

28B.10.686 - Precollege coursework—When required—Use of multiple measures—Posting course placement options.

28B.10.690 - Graduation rate improvement—Findings.

28B.10.691 - Graduation rate improvement—Strategic plans—Adoption of strategies.

28B.10.693 - Graduation rate improvement—Student progression understandings.

28B.10.695 - Timely completion of degree and certificate programs—Adoption of policies.

28B.10.696 - Transfer students' credit—List of academic courses equivalent to one year of general education credit—One-year academic completion certificate—Arts and sciences degrees for students entering with junior status—Publication of recommended...

28B.10.698 - Schools of medicine—Health equity curriculum.

28B.10.699 - Schools of medicine—Underrepresented students—Report.

28B.10.700 - Physical education in curriculum.

28B.10.703 - Programs for intercollegiate athletic competition—Authorized.

28B.10.704 - Funds for assistance of student participants in intercollegiate activities or activities relating to performing arts.

28B.10.708 - Graduation ceremonies—Tribal regalia.

28B.10.710 - Washington state or Pacific Northwest history in curriculum.

28B.10.730 - AIDS information—Four-year institutions.

28B.10.735 - Suicide prevention—Identification cards.

28B.10.776 - Budget calculation—Enrollment levels—Participation rate.

28B.10.778 - Budget calculation—New enrollments—Funding level—Inflation factor.

28B.10.780 - Budget calculation—Funding level.

28B.10.782 - Budget calculation—Increased enrollment target level—Availability of information.

28B.10.784 - Budget calculation—Participation rate and enrollment level estimates—Recommendations to governor and legislature.

28B.10.786 - Budget calculation—Student financial aid programs.

28B.10.790 - State student financial aid program—Eligibility of certain residents attending college or university in states with reciprocity agreements.

28B.10.792 - State student financial aid program—Guidelines to determine institutions affected by reciprocity agreements.

28B.10.825 - Institutional student loan fund for needy students.

28B.10.840 - Definitions for purposes of RCW 28B.10.840 through 28B.10.844.

28B.10.842 - Actions against regents, trustees, officers, employees, or agents of institutions of higher education or educational boards—Defense—Costs—Payment of obligations from liability account.

28B.10.844 - Regents, trustees, officers, employees, or agents of institutions of higher education or educational boards, insurance to protect and hold personally harmless.

28B.10.846 - Report of child abuse or neglect—Reporting responsibilities.

28B.10.878 - G. Robert Ross distinguished faculty award.

28B.10.890 - Collegiate license plate fund—Scholarships.

28B.10.900 - "Hazing" defined.

28B.10.901 - Hazing prohibited—Penalty.

28B.10.902 - Participating in or permitting hazing—Loss of state-funded grants or awards—Loss of official recognition or control—Rules.

28B.10.903 - Conduct associated with initiation into group or pastime or amusement with group—Sanctions adopted by rule.

28B.10.904 - Hazing—Code of conduct—Educational program.

28B.10.905 - Hazing—Prevention committee.

28B.10.906 - Hazing—Report of violations.

28B.10.907 - Hazing—Prevention education—Incident reporting.

28B.10.908 - Hazing—Social fraternity and sorority organizations.

28B.10.910 - Students with disabilities—Core services.

28B.10.912 - Students with disabilities—Core services described—Notice of nondiscrimination.

28B.10.914 - Students with disabilities—Accommodation.

28B.10.916 - Supplemental instructional materials for students with print access disability.

28B.10.918 - Disability history month—Activities.

28B.10.923 - Online learning technologies—Common learning management system for institutions of higher education.

28B.10.924 - Aviation biofuel demonstration project—Income from commercialization of patents, copyrights, proprietary processes, or licenses—Deposit of proportionate percentage of income.

28B.10.925 - Transfer of ownership of institution-owned vessel—Review of vessel's physical condition.

28B.10.926 - Transfer of ownership of institution-owned vessel—Further requirements.

28B.10.928 - Investment authority—Bonds, warrants, certificates, notes, bankers' acceptances, and commercial paper.

28B.10.930 - Comprehensive cancer care collaborative arrangements—Nonstate entity.

28B.10.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.