Washington 2023-2024 Regular Session Status: Enacted Bipartisan · 7 D · 2 R cosponsors

SB 5424 — Concerning flexible work for general and limited authority Washington peace officers.

Last action — Effective date 6/6/2024*.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

553 added · 998 removed

Plain-language change summary

The revised version of Bill SB 5424 adds a specific section that explicitly allows Washington law enforcement agencies to create flexible work policies. This means officers could work part-time or have different shift schedules to better meet the agency's needs, especially during busy times. Importantly, the new section clarifies that these policies won't change existing agreements with officers' unions, ensuring current collective bargaining rights are maintained. This change is significant as it aims to improve workforce flexibility while respecting existing labor agreements.

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ENGROSSED SUBSTITUTE SENATE BILL 5424 State of Washington 68th Legislature 2023 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Lovick, Holy, Dhingra, Frame, Keiser, Kuderer, Shewmake, Stanford, Valdez, Warnick, and Wellman) READ FIRST TIME 02/01/23.
S-0432.1 SENATE BILL 5424 State of Washington 68th Legislature 2023 Regular Session By Senators Lovick, Holy, Dhingra, Frame, Keiser, Kuderer, Shewmake, Stanford, Valdez, Warnick, and Wellman Read first time 01/17/23.
Referred to Committee on Labor & Commerce.
amending RCW 41.26.030 and 41.26.030;
amending RCW 41.26.030;
adding a new section to chapter 49.28 RCW;
and adding a new section to chapter 49.28 RCW.
providing an effective date;
and providing an expiration date.
(3) This section does not alter any existing collective bargaining unit or the provisions of any existing agreement.
1 ESSB 5424 (3) The flexible work policy adopted in subsection (1) of this section may not cause the layoff or otherwise displace any full-time officer.
1 SB 5424 (4) This section does not alter any laws or workplace policies relating to restrictions on secondary employment for general authority and limited authority Washington peace officers.
(4) This section does not alter any existing collective bargaining unit, the provisions of any existing collective bargaining agreement, or the duty of a law enforcement agency to meet their duty to bargain under chapter 41.56 or 41.80 RCW.
(5) For the purposes of this section, the definitions in this subsection apply.
Full-time and part-time officers working for the same law enforcement agency who are covered by a collective bargaining agreement must be in the same bargaining unit.
(5) This section does not alter any laws or workplace policies relating to restrictions on secondary employment for general authority and limited authority Washington peace officers.
(6) For the purposes of this section, the definitions in this subsection apply.
(2) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and p.
(2) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
2 ESSB 5424 make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(3) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly p.
(3) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency.
2 SB 5424 designated by statute as a general authority Washington law enforcement agency.
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(7) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.
3 ESSB 5424 (7) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the p.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer.
3 SB 5424 course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer.
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(2) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.
4 ESSB 5424 (2) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.
It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active and retired members and also to the rates of disability, retirement, withdrawal from service, salary and interest earned on investments.
It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active p.
4 SB 5424 and retired members and also to the rates of disability, retirement, withdrawal from service, salary and interest earned on investments.
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(b) "Beneficiary" for plan 2 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
5 ESSB 5424 (b) "Beneficiary" for plan 2 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter;
p.
5 SB 5424 (iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter;
(14)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, district, or regional fire protection service authority or the elected officials of any municipal corporation that employs any law enforcement officer and/or firefighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the firefighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or firefighters as defined in this chapter.
6 ESSB 5424 (14)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, district, or regional fire protection service authority or the elected officials of any municipal corporation that employs any law enforcement officer and/or firefighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the firefighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or firefighters as defined in this chapter.
6 SB 5424 (b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law enforcement officer and/or firefighter:
(b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law enforcement officer and/or firefighter:
(ii) for any other p.
(ii) for any other member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty- four;
7 ESSB 5424 member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty- four;
(b) "Final average salary" for plan 2 members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death.
p.
7 SB 5424 (b) "Final average salary" for plan 2 members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death.
and (iii) Any compensation forgone by a member employed by the state or a local government employer during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the p.
and (iii) Any compensation forgone by a member employed by the state or a local government employer during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer.
8 ESSB 5424 employer's expenditure reduction efforts, as certified by the employer.
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for firefighter, and who is actively employed as such;
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is p.
8 SB 5424 serving in a position which requires passing a civil service examination for firefighter, and who is actively employed as such;
(18) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any p.
(18) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol.
9 ESSB 5424 agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol.
Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery p.
Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor and cannabis board, and the state department of corrections.
9 SB 5424 commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor and cannabis board, and the state department of corrections.
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(d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under subsection (14) of this section) if that individual has five years previous membership in the retirement p.
(d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under subsection (14) of this section) if that individual has five years previous membership in the retirement system established in chapter 41.20 RCW.
10 ESSB 5424 system established in chapter 41.20 RCW.
and (f) Beginning July 1, 2024, the term "law enforcement officer" also includes any person who is commissioned and employed by an employer on a fully compensated basis to enforce the criminal laws of the state of Washington generally, on a less than full-time basis, with the qualifications in (a) through (e) of this subsection.
and p.
10 SB 5424 (f) Beginning July 1, 2023, the term "law enforcement officer" also includes any person who is commissioned and employed by an employer on a fully compensated basis to enforce the criminal laws of the state of Washington generally, on a less than full-time basis, with the qualifications in (a) through (e) of this subsection.
p.
11 ESSB 5424 (A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic X-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and trusses;
(G) Professional ambulance service when used to transport the member to or from a hospital when injured by an accident or stricken by a disease;
(H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
(I) Nursing home confinement or hospital extended care facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of chapter 18.53 RCW.
(21) "Member" means any firefighter, law enforcement officer, or other person as would apply under subsection (17) or (19) of this section whose membership is transferred to the Washington law enforcement officers' and firefighters' retirement system on or after March 1, 1970, and every law enforcement officer and firefighter who is employed in that capacity on or after such date.
(22) "Plan 1" means the law enforcement officers' and firefighters' retirement system, plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(23) "Plan 2" means the law enforcement officers' and firefighters' retirement system, plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
(24) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
(25) "Regular interest" means such rate as the director may determine.
(26) "Retiree" for persons who establish membership in the retirement system on or after October 1, 1977, means any member in receipt of a retirement allowance or other benefit provided by this p.
12 ESSB 5424 chapter resulting from service rendered to an employer by such member.
(27) "Retirement fund" means the "Washington law enforcement officers' and firefighters' retirement system fund" as provided for herein.
(28) "Retirement system" means the "Washington law enforcement officers' and firefighters' retirement system" provided herein.
(29)(a) "Service" for plan 1 members, means all periods of employment for an employer as a firefighter or law enforcement officer, for which compensation is paid, together with periods of suspension not exceeding thirty days in duration.
For the purposes of this chapter service shall also include service in the armed forces of the United States as provided in RCW 41.26.190.
Credit shall be allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a firefighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement.
Only service credit months of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.
(i) For members retiring after May 21, 1971 who were employed under the coverage of a prior pension act before March 1, 1970, "service" shall also include (A) such military service not exceeding five years as was creditable to the member as of March 1, 1970, under the member's particular prior pension act, and (B) such other periods of service as were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160, or 41.20.170.
However, in no event shall credit be allowed for any service rendered prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by a prior pension act, unless such service, at the time credit is claimed therefor, is also creditable under the provisions of such prior act.
(ii) A member who is employed by two employers at the same time shall only be credited with service to one such employer for any month during which the member rendered such dual service.
(iii) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (15)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive p.
13 ESSB 5424 the full service credit for the hours that were scheduled to be worked before the reduction.
(b)(i) "Service" for plan 2 members, means periods of employment by a member for one or more employers for which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month.
Periods of employment by a member for one or more employers for which basic salary is earned for at least seventy hours but less than ninety hours per calendar month shall constitute one-half service credit month.
Periods of employment by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a one-quarter service credit month.
(ii) Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.
(iii) Service credit years of service shall be determined by dividing the total number of service credit months of service by twelve.
Any fraction of a service credit year of service as so determined shall be taken into account in the computation of such retirement allowance or benefits.
(iv) If a member receives basic salary from two or more employers during any calendar month, the individual shall receive one service credit month's service credit during any calendar month in which multiple service for ninety or more hours is rendered;
or one-half service credit month's service credit during any calendar month in which multiple service for at least seventy hours but less than ninety hours is rendered;
or one-quarter service credit month during any calendar month in which multiple service for less than seventy hours is rendered.
(v) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (15)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive the full service credit for the hours that were scheduled to be worked before the reduction.
(30) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
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14 ESSB 5424 (31) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(33) "State elective position" means any position held by any person elected or appointed to statewide office or elected or appointed as a member of the legislature.
(34) "Surviving spouse" means the surviving widow or widower of a member.
"Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.
Sec.
4.
RCW 41.26.030 and 2023 c 77 s 1 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Accumulated contributions" means the employee's contributions made by a member, including any amount paid under RCW 41.50.165(2), plus accrued interest credited thereon.
(2) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.
(3) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan.
It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active and retired members and also to the rates of disability, retirement, withdrawal from service, salary and interest earned on investments.
(4)(a) "Basic salary" for plan 1 members, means the basic monthly rate of salary or wages, including longevity pay but not including overtime earnings or special salary or wages, upon which pension or retirement benefits will be computed and upon which employer contributions and salary deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall p.
15 ESSB 5424 exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.
In any year in which a member serves in the legislature the member shall have the option of having such member's basic salary be the greater of:
(i) The basic salary the member would have received had such member not served in the legislature;
or (ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined.
Any additional contributions to the retirement system required because basic salary under (b)(i) of this subsection is greater than basic salary under (b)(ii) of this subsection shall be paid by the member for both member and employer contributions.
(5)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(6)(a) "Child" or "children" means an unmarried person who is under the age of eighteen or mentally or physically disabled as determined by the department, except a person who is disabled and in the full time care of a state institution, who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter;
or (v) An illegitimate child legitimized prior to the date any benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and including the age of twenty years and eleven months while attending any high school, college, or vocational or other educational institution accredited, licensed, or approved by the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods at the particular educational institution after which the child returns to school.
(7) "Department" means the department of retirement systems created in chapter 41.50 RCW.
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16 ESSB 5424 (8) "Director" means the director of the department.
(9) "Disability board" for plan 1 members means either the county disability board or the city disability board established in RCW 41.26.110.
(10) "Disability leave" means the period of six months or any portion thereof during which a member is on leave at an allowance equal to the member's full salary prior to the commencement of disability retirement.
The definition contained in this subsection shall apply only to plan 1 members.
(11) "Disability retirement" for plan 1 members, means the period following termination of a member's disability leave, during which the member is in receipt of a disability retirement allowance.
(12) "Domestic partners" means two adults who have registered as domestic partners under RCW 26.60.020.
(13) "Employee" means any law enforcement officer or firefighter as defined in subsections (17) and (19) of this section.
(14)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, district, or regional fire protection service authority or the elected officials of any municipal corporation that employs any law enforcement officer and/or firefighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the firefighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or firefighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law enforcement officer and/or firefighter:
(i) The legislative authority of any city, town, county, district, public corporation, or regional fire protection service authority established under RCW 35.21.730 to provide emergency medical services as defined in RCW 18.73.030;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority law enforcement agency;
(iv) A four-year institution of higher education having a fully operational fire department as of January 1, 1996;
or p.
17 ESSB 5424 (v) The department of social and health services or the department of corrections when employing firefighters serving at a prison or civil commitment center on an island.
(c) Except as otherwise specifically provided in this chapter, "employer" does not include a government contractor.
For purposes of this subsection, a "government contractor" is any entity, including a partnership, limited liability company, for-profit or nonprofit corporation, or person, that provides services pursuant to a contract with an "employer." The determination whether an employer-employee relationship has been established is not based on the relationship between a government contractor and an "employer," but is based solely on the relationship between a government contractor's employee and an "employer" under this chapter.
(15)(a) "Final average salary" for plan 1 members, means (i) for a member holding the same position or rank for a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank at time of retirement;
(ii) for any other member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty- four;
(iii) in the case of disability of any member, the basic salary payable to such member at the time of disability retirement;
(iv) in the case of a member who hereafter vests pursuant to RCW 41.26.090, the basic salary payable to such member at the time of vesting.
(b) "Final average salary" for plan 2 members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death.
Periods constituting authorized unpaid leaves of absence may not be used in the calculation of final average salary.
(c) In calculating final average salary under (a) or (b) of this subsection, the department of retirement systems shall include:
(i) Any compensation forgone by a member employed by a state agency or institution during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, temporary reduction in pay implemented prior to December 11, p.
18 ESSB 5424 2010, or temporary layoffs if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer;
(ii) Any compensation forgone by a member employed by the state or a local government employer during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer.
Reductions to current pay shall not include elimination of previously agreed upon future salary increases;
and (iii) Any compensation forgone by a member employed by the state or a local government employer during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer.
Reductions to current pay shall not include elimination of previously agreed upon future salary increases.
(16) "Fire department" includes a fire station operated by the department of social and health services or the department of corrections when employing firefighters serving a prison or civil commitment center on an island.
(17) "Firefighter" means:
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for firefighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full time firefighter where the fire department does not have a civil service examination;
(c) Supervisory firefighter personnel;
(d) Any full time executive secretary of an association of fire protection districts authorized under RCW 52.12.031.
The provisions of this subsection (17)(d) shall not apply to plan 2 members;
(e) The executive secretary of a labor guild, association or organization (which is an employer under subsection (14) of this section), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW.
The p.
19 ESSB 5424 provisions of this subsection (17)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a department in which, on March 1, 1970, a dispatcher was required to have passed a civil service examination for firefighter;
(g) Any person who on March 1, 1970, was employed on a full time, fully compensated basis by an employer, and who on May 21, 1971, was making retirement contributions under the provisions of chapter 41.16 or 41.18 RCW;
and (h) Any person who is employed on a full-time, fully compensated basis by an employer as an emergency medical technician that meets the requirements of RCW 18.71.200 or 18.73.030(13), and whose duties include providing emergency medical services as defined in RCW 18.73.030.
(18) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, the government of a federally recognized tribe, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol.
Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor and cannabis board, and the state department of corrections.
A general authority law enforcement agency under this chapter does not include a government contractor.
(19) "Law enforcement officer" beginning January 1, 1994, means any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington generally, with the following qualifications:
p.
20 ESSB 5424 (a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving under a different title pursuant to county charter, who have successfully completed a civil service examination for deputy sheriff or the equivalent position, where a different title is used, and those persons serving in unclassified positions authorized by RCW 41.14.070 except a private secretary will be considered law enforcement officers;
(c) Only such full time commissioned law enforcement personnel as have been appointed to offices, positions, or ranks in the police department which have been specifically created or otherwise expressly provided for and designated by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
(d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under subsection (14) of this section) if that individual has five years previous membership in the retirement system established in chapter 41.20 RCW.
The provisions of this subsection (19)(d) shall not apply to plan 2 members;
(e) The term "law enforcement officer" also includes a person employed on or after January 1, 1993, as a public safety officer or director of public safety, so long as the job duties substantially involve only either police or fire duties, or both, and no other duties in a city or town with a population of less than ten thousand.
The provisions of this subsection (19)(e) shall not apply to any public safety officer or director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993;
((and)) (f) The term "law enforcement officer" also includes a person who is employed on or after January 1, 2024, on a full-time basis by the government of a federally recognized tribe within the state of Washington that meets the terms and conditions of RCW 41.26.565, is employed in a police department maintained by that tribe, and who is currently certified as a general authority peace officer under chapter 43.101 RCW;
and (g) Beginning July 1, 2024, the term "law enforcement officer" also includes any person who is commissioned and employed by an employer on a fully compensated basis to enforce the criminal laws of p.
21 ESSB 5424 the state of Washington generally, on a less than full-time basis, with the qualifications in (a) through (e) of this subsection.
(20) "Medical services" for plan 1 members, shall include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses:
These are the charges made by a hospital, in its own behalf, for (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending physician due to the condition of the patient.
(ii) Necessary hospital services, other than board and room, furnished by the hospital.
(b) Other medical expenses:
The following charges are considered "other medical expenses," provided that they have not been considered as "hospital expenses." (i) The fees of the following:
(A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed under the provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other than a nurse who ordinarily resides in the member's home, or is a member of the family of either the member or the member's spouse.
(iii) The charges for the following medical services and supplies:
(H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
22 ESSB 5424 (I) Nursing home confinement or hospital extended care facility;
11 SB 5424 (H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
(I) Nursing home confinement or hospital extended care facility;
(29)(a) "Service" for plan 1 members, means all periods of employment for an employer as a firefighter or law enforcement officer, for which compensation is paid, together with periods of suspension not exceeding thirty days in duration.
(29)(a) "Service" for plan 1 members, means all periods of employment for an employer as a firefighter or law enforcement officer, for which compensation is paid, together with periods of p.
12 SB 5424 suspension not exceeding thirty days in duration.
Credit shall be p.
Credit shall be allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a firefighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement.
23 ESSB 5424 allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a firefighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement.
Periods of employment by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a one-quarter service credit month.
Periods of employment by a member for one or more employers for which basic salary is p.
p.
13 SB 5424 earned for less than seventy hours shall constitute a one-quarter service credit month.
24 ESSB 5424 (ii) Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.
(ii) Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.
(34) "Surviving spouse" means the surviving widow or widower of a member.
"Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.
NEW SECTION.
Sec.
5.
Section 3 of this act expires July 1, 2025.
25 ESSB 5424 NEW SECTION.
14 SB 5424 (34) "Surviving spouse" means the surviving widow or widower of a member.
Sec.
"Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.
6.
Section 4 of this act takes effect July 1, 2025.
26 ESSB 5424
15 SB 5424
View plain text versions (4)

Action History

  1. Effective date 6/6/2024*.

  2. Chapter 319, 2024 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Passed final passage; yeas, 48; nays, 0; absent, 0; excused, 1.

  8. Senate concurred in House amendments.

  9. Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Rules Committee relieved of further consideration. Placed on second reading.

  13. Referred to Rules 2 Review.

  14. APP - Majority; do pass with amendment(s) by Community Safety, Justice, & Reentry.

  15. Executive action taken in the House Committee on Appropriations at 10:30 AM.

  16. Public hearing in the House Committee on Appropriations at 11:00 AM.

  17. Referred to Appropriations.

  18. CSJR - Majority; do pass with amendment(s).

  19. Executive action taken in the House Committee on Community Safety at 1:30 PM.

  20. Public hearing in the House Committee on Community Safety at 10:30 AM.

  21. First reading, referred to Community Safety, Justice, & Reentry.

  22. Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.

  23. Rules suspended. Placed on Third Reading.

  24. Floor amendment(s) adopted.

  25. Returned to second reading for amendment.

  26. Rules suspended.

  27. Placed on third reading by Rules Committee.

  28. By resolution, reintroduced and retained in present status.

  29. By resolution, returned to Senate Rules Committee for third reading.

  30. Referred to Appropriations.

  31. CSJR - Majority; do pass with amendment(s).

  32. Executive action taken in the House Committee on Community Safety at 8:00 AM.

  33. Public hearing in the House Committee on Community Safety at 1:30 PM.

  34. First reading, referred to Community Safety, Justice, & Reentry.

  35. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.

  36. Rules suspended. Placed on Third Reading.

  37. 1st substitute bill substituted (LC 23).

  38. Placed on second reading by Rules Committee.

  39. Passed to Rules Committee for second reading.

  40. Minority; without recommendation.

  41. WM - Majority; do pass 1st substitute bill proposed by Labor & Commerce.

  42. Executive action taken in the Senate Committee on Ways & Means at 9:00 AM.

  43. Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

  44. Referred to Ways & Means.

  45. Minority; without recommendation.

  46. And refer to Ways & Means.

  47. LC - Majority; 1st substitute bill be substituted, do pass.

  48. Executive action taken in the Senate Committee on Labor & Commerce at 10:30 AM.

  49. Public hearing in the Senate Committee on Labor & Commerce at 8:00 AM.

  50. First reading, referred to Labor & Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 140 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 48 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 16000
Democrat 22001
Total 48001
% of votes cast 98%0%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Not Voting
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Passed 96 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 30000
Democrat 56001
Unaffiliated 10001
Total 96002
% of votes cast 98%0%0%2%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Not Voting
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Not Voting
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

Passed 48 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Republican 16000
Democrat 23000
Total 48001
% of votes cast 98%0%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Not Voting
Rivers — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 16000
Democrat 22000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 5424?
SB 5424 is sponsored by Lisa Wellman (Democrat), Judy Warnick (Republican), Javier Valdez (Democrat), Derek Stanford (Democrat), Sharon Shewmake (Democrat), Kuderer, Keiser, Noel Frame (Democrat), Manka Dhingra (Democrat), Jeff Holy (Republican), and John Lovick (Democrat).
What is the current status of SB 5424?
This bill has been enacted into law. Introduced January 17, 2023. Enacted.
Where can I track SB 5424?
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