Retirement & Health Benefits for February 11, 2022

“I love argument, I love debate. I don’t expect anyone just to sit there and agree with me, that’s not their job.” ~ Margaret Thatcher

Each chamber is now engaged in floor sessions deciding the fate of various bills. Committee action is at a minimum. The next critical deadline is Feb. 15th when bills need to be out of their house of origin and committee hearings restart.

As an annual reminder, no bill is ever ‘dead’ until Sine Die, and any bill deemed ‘necessary to implement the budget’ (NTIB) remains alive until the bitter end.

Below is a brief report on selected bills that are still ‘alive’ noting the caveat above. Because of the speed as legislators race to meet cut-off dates, the irregularly scheduled floor actions, and the deadline of this report, the status of some bills may change.

Just an FYI. (For Your Information). A reminder that many bills sitting in Rules’ Committees and/or on the floor calendars of each chamber never move beyond those positions and they ‘die’.

Retirement Related Proposals

ESHB 1699 | Permitting individuals retired from the public employees’ retirement system, the teachers’ retirement system, and the school employees’ retirement system additional opportunities to work for a school district for up to 1,040 hours per school year while in receipt of pension benefits until July 1, 2025. An emergency clause was added and the bill was amended on the floor that adds that retirees that retired from service before January 1, 2022, and that work for a school district with fewer than 2,000 students may continue to receive pension payments for up to 1,040 hours per school year until July 1, 2025, if employed as a district superintendent or an in-school administrator.

Comment: This bill as amended passed the House 93/3/2 and was moved to the Senate Ways and Means’ Committee for scheduling for a public hearing.

HB 1721/SB 5676 | Providing a benefit increase to certain retirees of the public employees’ retirement system plan 1 and the teachers’ retirement system plan 1.

Summary: This bill would provide a 3% increase not to exceed $110/month for TRS1/PERS1 Plan retirees.

Comment: Although this bill is on the floor calendar, it appears that SB 5676 below will be the vehicle for further action.

SB 5676/HB 1721 | Providing a benefit increase to certain retirees of the public employees’ retirement system plan 1 and the teachers’ retirement system plan 1.

Summary: SB 5676 was passed by the Senate 47/0/2 and has been sent to the House Appropriations Committee awaiting scheduling.

EHB 1752 | Adding a Roth option to deferred compensation plans.

Comment: Passed the House 96/0 and has been sent to Senate Ways and Means for scheduling. It contains a ‘null and void’ provision subject to funding in the budget.

HB 1804 | Concerning interruptive military service credit for members of the state retirement systems.

Comment: This bill expands the definition of veteran for purposes of veterans’ benefits in state pension systems, legal assistance, scoring criteria on civil service exams, and other programs, to include members that were awarded an expeditionary medal. It passed the House 96/0 and has been sent to Senate Ways and Means for scheduling.

Other areas of potential fiscal impact to districts:

HB 1486 | Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.

The Rules Committee was relieved of further consideration and this bill was moved to the floor calendar awaiting action.

HB 1613 | Concerning shared reporting responsibilities for both the paid family and medical leave and the long-term services and supports trust programs to clarify that information collected from employer reports shall remain private.

Comment: This bill passed the House 86/9 and was sent to the Senate.

SHB 1617 | Aligning state and school holidays. The legislature intends to clarify that Juneteenth, like all other state legal holidays, is a school holiday on which school may not be taught.

Comment: This bill passed the House 88/8/2 and is scheduled for a public hearing on 2/16 before the Senate Ed Committee.

SHB 1644 | Expands allowable uses of school districts’ transportation vehicle funds to include purchase, installation, and repair of vehicle charging stations and other zero-emission fueling stations, and feasibility studies to transition to electric or zero-emission vehicles for pupil transportation •

Comment: This bill passed the House 88/8 and has been sent to the Senate Ways and Means’ Committee.

SHB 1732 | This bill delays the start date for the premium assessments under the Long-Term Services and Supports Trust Program (LTSS Trust Program) from January 1, 2022, to July 1, 2023. Delays the date benefits become available under the LTSS Trust Program from January 1, 2025, to July 1, 2026. Allows individuals born before January 1, 1968, who do not meet the LTSS Trust Program’s vesting requirements, to receive partial benefits based on the number of years of premium payments. Requires employers to refund employees any LTSS Trust premiums collected before July 1, 2023.

Comment: This bill has been signed by the Governor effective January 27th, 2022.

ESHB 1733 | Establishing voluntary exemptions to the long-term services and supports trust program for certain populations. This bill establishes exemptions from the payment of premiums under the Long-Term Services and Supports Trust Program for certain veterans, spouses and registered domestic partners of military service members, nonimmigrant temporary workers, and employees who work in Washington and maintain a primary residence outside of Washington.

Comment: This bill has passed both Houses and was signed by the Governor. Effective June 9, 2022.

SHB 1759 | Requiring school districts and other public education entities to make information from the department of health about substance use trends, overdose symptoms and response, and the secure storage of prescription drugs, over-the-counter medications, and firearms and ammunition, available through their websites and other communication resources.

Comment: This bill passed the House 66/30 and has been sent to Senate Education Committee for scheduling.

SHB 1763 | Concerning injured workers’ rights during independent medical examinations. This bill allows an injured worker to make an audio and video recording of an independent medical examination (IME), and to have one person of the worker’s choosing present during the examination.

Comment: This bill is in House Rules.

ESHB 1795 | Makes void and unenforceable provisions in agreements between an employer and employee that prohibit the disclosure of conduct that is illegal discrimination, harassment, retaliation, a wage and hour violation, or sexual assault, or that is against a clear mandate of public policy, occurring in the workplace.

Comment: This bill passed the House 56/40 and was moved to Senate Labor Committee for scheduling.

2SHB 1803 | Directs the Office of the Superintendent of Public Instruction, beginning with the 2022–23 school year, to annually distribute legislatively appropriated funds to each school district in an amount equaling $3,000 for each member of the school district board of directors (Subject to the availability of amounts appropriated for this specific purpose). Increases the maximum daily compensation that school directors may receive from $50 to $100, and the annual compensation limit from $4,800 to $7,800. • Allows school directors to receive reimbursement for childcare costs associated with attending meetings. Directs the Department of Commerce to complete an examination of actual and potential school director compensation with a report.

Comment: This bill is in House Rules.

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