RCW 41.32.483
Annual increase amount—Legislature's rights reserved—No additional increases after June 30, 2011.
(1) Beginning July 1, 2009, the annual increase amount as defined in RCW 41.32.010(4) shall be increased by an amount equal to $0.40 per month per year of service minus the 2008 gain-sharing increase amount under *RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall not decrease the annual increase amount, and is not to exceed $0.20 per month per year of service. The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has the contractual right to receive this adjustment to the annual increase amount not granted prior to that time.
(2) The adjustment to the annual increase amount as set forth in section 5, chapter 491, Laws of 2007 was intended by the legislature as a replacement benefit for gain-sharing. If the repeal of **chapter 41.31 RCW is held to be invalid in a final determination of a court of law, and the court orders reinstatement of gain-sharing or other alternate benefits as a remedy, then this adjustment to the annual increase amount shall not be included in future annual increase amounts paid on or after the date of such reinstatement.
(3) No additional annual increase under this section shall be provided after June 30, 2011.
[ 2011 c 362 § 2; 2007 c 491 § 5.]
NOTES:
Reviser's note: *(1) RCW 41.31.010 was repealed by 2007 c 491 § 13, effective January 2, 2008.
**(2) Chapter 41.31 RCW was repealed by 2007 c 491 § 13, effective January 2, 2008.
Finding—Intent—2011 c 362: "Chapter 561, Laws of 2009 made necessary changes to the funding plan for the fiscal integrity of the teachers' retirement system, plan 1 and the public employees' retirement system, plan 1, and provides a basis for improvements in the financial soundness of the pension plans. The legislature now finds that changing economic conditions have also made necessary the amendatory provisions contained in this act. Due to the current extraordinary economic recession and due to the financial demands of other core responsibilities of government, it is not feasible for public employers of this state to fund the annual increase amount and continue to ensure the fiscal integrity of these pension funds. The legislature further clarifies and affirms that the intent of the legislature in section 5, chapter 345, Laws of 1995 and this act is to not create any contractual rights to the annual increase amount on the part of the public employees' retirement system, plan 1 and the teachers' retirement system, plan 1 members or retirees. Having reserved the right to amend or repeal these provisions in RCW 41.32.489(6) and 41.40.197(5), the legislature is now exercising that right through this act." [ 2011 c 362 § 1.]
Effective date—2011 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2011." [ 2011 c 362 § 10.]
Severability—Conflict with federal requirements—2007 c 491: See notes following RCW 41.32.765.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.32 - Teachers' Retirement.
41.32.005 - Provisions applicable to "plan 1," "plan 2," and "plan 3."
41.32.012 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.32.013 - Substitute teachers—Application for service credit—Procedures.
41.32.025 - Department's power to determine eligibility.
41.32.032 - Membership in system—Service credit of educational staff associates.
41.32.033 - Membership in system—Charter school employers and employees.
41.32.035 - Employer contribution rates—Computation and payment.
41.32.042 - Validity of deductions—Interest.
41.32.044 - Retired teacher may reenter system—Benefit limitations.
41.32.053 - Death benefit—Course of employment—Occupational disease or infection.
41.32.054 - Disability retirement—Criminal conduct.
41.32.055 - Falsification—Penalty.
41.32.062 - Effect of certain accumulated vacation leave on retirement benefits.
41.32.063 - Benefit calculation—Limitation.
41.32.064 - Establishing, restoring service credit.
41.32.0641 - Disabled in the line of duty—Continuation of service credit—Conditions.
41.32.066 - Purchase of additional service credit—Costs—Rules.
41.32.067 - Purchase of additional benefits—Conditions.
41.32.215 - Provisions applicable to plan 1.
41.32.240 - Membership in system.
41.32.260 - Credit for military service or as state legislator.
41.32.263 - State legislators and state officials eligible for retirement benefits.
41.32.270 - Teaching service, how credited.
41.32.300 - Limitation on credit for out-of-state service.
41.32.310 - Time limit for claiming service credit—Payments.
41.32.330 - Credit for professional preparation subsequent to becoming teacher.
41.32.340 - Creditable service, what to consist of.
41.32.345 - "Earnable compensation" defined for certain part-time employees—Adoption of rules.
41.32.350 - Purchase of additional annuity—Member contribution rate.
41.32.380 - Source of pension reserve—Contributions.
41.32.390 - Contributions for prior service credits.
41.32.470 - Eligibility for retirement allowance.
41.32.480 - Qualifications for retirement.
41.32.4872 - Permanent increase for specified beneficiaries age seventy or over.
41.32.489 - Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
41.32.4931 - Additional special pension for former members not receiving social security.
41.32.4945 - Limitation as to earnable compensation of member as member of the legislature.
41.32.497 - Retirement allowance for members entering system before April 25, 1973—Election.
41.32.4986 - Members with thirty years of service—Irrevocable election.
41.32.4991 - Permanent retirement allowance adjustment.
41.32.4992 - Monthly benefit increase.
41.32.500 - Termination of membership.
41.32.510 - Payment on withdrawal—Reentry.
41.32.530 - Options available—Retirement allowance adjustment—Court-approved property settlement.
41.32.540 - Disability allowance—Temporary.
41.32.550 - Options and allowances on report that disability will be permanent—Reexamination.
41.32.555 - Persons with annual half-time contracts—Eligibility for benefits under RCW 41.32.550.
41.32.570 - Postretirement employment—Reduction or suspension of pension payments.
41.32.584 - Additional benefit for justices or judges—One-time irrevocable election.
41.32.587 - Justices or judges retirement allowance—In lieu of RCW 41.32.498.
41.32.755 - Provisions applicable to plan 2.
41.32.760 - Computation of the retirement allowance.
41.32.762 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.32.765 - Retirement for service.
41.32.768 - Member with terminal illness—Removal from system.
41.32.770 - Post-retirement cost-of-living.
41.32.780 - Teachers required to be members.
41.32.790 - Earned disability allowance—Eligibility—Disposition upon death of recipient.
41.32.795 - Application for and effective date of retirement allowances.
41.32.812 - Service credit for half-time employment from October 1, 1977, through December 31, 1986.
41.32.813 - One-time purchase of service credit—Conditions—Payment—Rules.
41.32.815 - Vested membership.
41.32.817 - Transfer to plan 3—Irrevocable option.
41.32.820 - Refund of contributions on termination.
41.32.831 - Provisions applicable to plan 3—Plan 3 elements.
41.32.835 - Choice of membership in plan 2 or plan 3.
41.32.837 - Right to waive benefit—Irrevocable choice.
41.32.840 - Computation of the retirement allowance.
41.32.8401 - Additional payment.
41.32.845 - Postretirement cost-of-living allowance.
41.32.851 - Options for payment of retirement allowances—Court-approved property settlement.
41.32.855 - Application for and effective date of retirement allowances.
41.32.867 - Purchased service credit—Allocation.
41.32.868 - One-time purchase of service credit—Conditions—Payment—Rules.
41.32.870 - Lump sum payments—Reentry.
41.32.875 - Retirement eligibility.
41.32.878 - Member with terminal illness—Removal from system.
41.32.880 - Earned disability allowance—Eligibility—Disposition upon death of recipient.
41.32.892 - Restored, purchased service credit under plan 2—Transfer to plan 3.