CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1701
Chapter 125, Laws of 2022
67th Legislature
2022 Regular Session
LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' RETIREMENT SYSTEM—VARIOUS
PROVISIONS
EFFECTIVE DATE: June 9, 2022
Passed by the House February 8, 2022 CERTIFICATE
Yeas 95 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 1701 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 3, 2022
Yeas 48 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 24, 2022 8:44 AM FILED
March 24, 2022
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 1701
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By House Appropriations (originally sponsored by Representatives
Bergquist, MacEwen, Sells, Bateman, Graham, Fitzgibbon, Callan,
Peterson, Sullivan, Pollet, Maycumber, and Ormsby; by request of
LEOFF Plan 2 Retirement Board)
READ FIRST TIME 02/01/22.
1 AN ACT Relating to law enforcement officers' and firefighters'
2 retirement system benefits; amending RCW 41.26.420, 41.26.463,
3 41.45.155, 41.45.158, 41.45.0604, and 41.26.802; adding a new section
4 to chapter 41.26 RCW; and creating a new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 41.26.420 and 1993 c 517 s 2 are each amended to
7 read as follows:
8 TIERED MULTIPLIER BENEFIT IMPROVEMENT. (1) Except as provided in
9 RCW 41.26.530, a member of the retirement system shall receive a
10 retirement allowance equal to two percent of such member's final
11 average salary for each year of service.
12 (2) Beginning January 16, 2023, members new to the retirement
13 system after February 1, 2021, who earn more than 15 years of service
14 credit shall receive a tiered multiplier retirement allowance as
15 follows:
16 (a) Two percent of such member's final average salary for the
17 first 15 years of service;
18 (b) Two and one-half percent of such member's final average
19 salary for the 10 years of service after 15 years and up to 25 years;
20 and
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 1 (c) Two percent of such member's final average salary for years
2 of service above 25 years.
3 (3) Members active in the retirement system on or before February
4 1, 2021, at retirement must make an irrevocable choice between the
5 lump sum defined benefit in section 2 of this act or a tiered
6 multiplier retirement allowance as follows:
7 (a) Two percent of such member's final average salary for the
8 first 15 years of service;
9 (b) Two and one-half percent of such member's final average
10 salary for the 10 years of service after 15 years and up to 25 years;
11 and
12 (c) Two percent of such member's final average salary for years
13 of service above 25 years.
14 (4) Any member who receives the tiered multiplier benefit in this
15 section is not eligible for the lump sum defined benefit in section 2
16 of this act.
17 NEW SECTION. Sec. 2. A new section is added to chapter 41.26
18 RCW under the subchapter heading "plan 2" to read as follows:
19 LUMP SUM BENEFIT IMPROVEMENT. (1) Members who are retired on or
20 before February 1, 2021, will receive a one-time lump sum defined
21 benefit of $100 per service credit month payable by January 31, 2023.
22 (a) Members who retired for an in the line of duty disability
23 under RCW 41.26.470 shall receive the greater of the lump sum defined
24 benefit of $100 per service credit month or a lump sum defined
25 benefit of $20,000.
26 (b) A member's beneficiary is eligible for an in the line of duty
27 death benefit under RCW 41.26.048. If there is more than one eligible
28 beneficiary the lump sum defined benefit will be distributed in
29 accordance with RCW 41.26.048.
30 (c) If the member is deceased the member's survivor beneficiary
31 under RCW 41.26.460 is eligible for this lump sum defined benefit.
32 (2) Members who are active in the plan on or before February 1,
33 2021, must make an irrevocable choice at retirement between the
34 tiered multiplier benefit defined in RCW 41.26.420(3) or a one-time
35 lump sum defined benefit of $100 per service credit month to be paid
36 at retirement.
37 (a) Members who retire for an in the line of duty disability
38 under RCW 41.26.470 and who elect to receive this lump sum defined
39 benefit shall receive the greater of the lump sum defined benefit of
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 1 $100 per service credit month or a lump sum defined benefit of
2 $20,000.
3 (b) A member's beneficiary eligible for an in the line of duty
4 death benefit under RCW 41.26.048 and who elects to receive this lump
5 sum defined benefit shall receive the greater of the lump sum defined
6 benefit of $100 per service credit month or a lump sum defined
7 benefit of $20,000. If there is more than one eligible beneficiary
8 the lump sum defined benefit will be distributed in accordance with
9 RCW 41.26.048.
10 (c) For a beneficiary of a member who dies in service but not in
11 an in the line of duty death, the distribution shall be made
12 according to the member's beneficiary designation under this chapter.
13 (3) Members who are inactive on or before February 1, 2021, but
14 who later return to membership must make an irrevocable choice at
15 retirement between the tiered multiplier benefit in RCW 41.26.420 and
16 this lump sum defined benefit.
17 (4) Members who receive a refund of contributions under RCW
18 41.26.540 are not eligible for this lump sum defined benefit.
19 (5) This lump sum defined benefit is exempt from judicial process
20 and taxes under RCW 41.26.053.
21 (6) Any member who receives this lump sum defined benefit is not
22 eligible for the tiered multiplier benefit in RCW 41.26.420.
23 Sec. 3. RCW 41.26.463 and 2014 c 91 s 1 are each amended to read
24 as follows:
25 ANNUITY OPTION. (1) At the time of retirement, plan 2 members may
26 purchase an optional actuarially equivalent life annuity benefit from
27 the (([Washington])) Washington law enforcement officers' and
28 firefighters' ((retirement)) system plan 2 retirement fund
29 established in RCW 41.50.075. A minimum payment of twenty-five
30 thousand dollars is required.
31 (2) Retirees, or their beneficiaries, who have received a one-
32 time lump sum defined benefit under section 2 of this act may
33 purchase an optional actuarially equivalent life annuity benefit from
34 the Washington law enforcement officers' and firefighters' system
35 plan 2 retirement fund established in RCW 41.50.075, with the money
36 received from the lump sum defined benefit. A minimum payment of
37 $20,000 is required.
38 (3) Subject to rules adopted by the department, a member
39 purchasing an annuity under this section must pay all of the cost
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 1 with an eligible rollover, direct rollover, or trustee-to-trustee
2 transfer from an eligible retirement plan.
3 (a) The department shall adopt rules to ensure that all eligible
4 rollovers and transfers comply with the requirements of the internal
5 revenue code and regulations adopted by the internal revenue service.
6 The rules adopted by the department may condition the acceptance of a
7 rollover or transfer from another plan on the receipt of information
8 necessary to enable the department to determine the eligibility of
9 any transferred funds for tax-free rollover treatment or other
10 treatment under federal income tax law.
11 (b) "Eligible retirement plan" means a tax qualified plan offered
12 by a governmental employer.
13 Sec. 4. RCW 41.45.155 and 2009 c 561 s 6 are each amended to
14 read as follows:
15 MINIMUM CONTRIBUTION RATES. (1) Beginning July 1, 2011, a minimum
16 contribution rate is established for the plans 2 and 3 normal cost as
17 part of the basic employer contribution rate for the public
18 employees' retirement system. The minimum contribution rate for the
19 plans 2 and 3 employer normal cost shall equal the total contribution
20 rate required to fund eighty percent of the plans 2 and 3 employer
21 normal cost as calculated under the entry age normal cost method.
22 This minimum rate, when applicable, shall be collected in addition to
23 any contribution rate required to amortize past gain-sharing
24 distributions in plan 3.
25 (2) Beginning July 1, 2011, a minimum contribution rate is
26 established for the plan 2 normal cost as part of the basic employer
27 contribution rate for the public safety employees' retirement system.
28 The minimum contribution rate for the plan 2 normal cost shall equal
29 the total contribution rate required to fund eighty percent of the
30 plan 2 normal cost as calculated under the entry age normal cost
31 method.
32 (3) Beginning September 1, 2011, a minimum contribution rate is
33 established for the plans 2 and 3 normal cost as part of the basic
34 employer contribution rate for the school employees' retirement
35 system. The minimum contribution rate for the plans 2 and 3 employer
36 normal cost shall equal the total contribution rate required to fund
37 eighty percent of the plans 2 and 3 employer normal cost as
38 calculated under the entry age normal cost method. This minimum rate,
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 1 when applicable, shall be collected in addition to any contribution
2 rate required to amortize past gain-sharing distributions in plan 3.
3 (4) Beginning September 1, 2011, a minimum contribution rate is
4 established for the plans 2 and 3 normal cost as part of the basic
5 employer contribution rate for the teachers' retirement system. The
6 minimum contribution rate for the plans 2 and 3 employer normal cost
7 shall equal the total contribution rate required to fund eighty
8 percent of the plans 2 and 3 employer normal cost as calculated under
9 the entry age normal cost method. This minimum rate, when applicable,
10 shall be collected in addition to any contribution rate required to
11 amortize past gain-sharing distributions in plan 3.
12 (5) A minimum contribution rate is established for the plan 2
13 normal cost as part of the basic employer and state contribution rate
14 for the law enforcement officers' and firefighters' retirement
15 system. The council may not adopt changes to the minimum contribution
16 rate for plan 2 of the law enforcement officers' and firefighters'
17 retirement system under subsection (6) of this section. On June 30th
18 of each even-numbered year, if the funded status of the law
19 enforcement officers' and firefighters' retirement system plan 2 as
20 measured by the most recent completed actuarial valuation performed
21 by the office of the state actuary is:
22 (a) Less than 105 percent, then the minimum contribution rate for
23 the employer and state normal cost shall equal the total contribution
24 rate required to fund 100 percent of the plan 2 employer normal cost
25 as calculated under the entry age normal cost method;
26 (b) Greater than or equal to 105 percent and less than 110
27 percent, then the minimum contribution rate for the employer and
28 state normal cost shall equal the total contribution rate required to
29 fund 90 percent of the plan 2 employer normal cost as calculated
30 under the entry age normal cost method; or
31 (c) Greater than or equal to 110 percent, then the minimum
32 contribution rate for the employer and state normal cost shall equal
33 the total contribution rate required to fund 80 percent of the plan 2
34 employer normal cost as calculated under the entry age normal cost
35 method.
36 (6) Upon completion of each biennial actuarial valuation, the
37 state actuary shall review the appropriateness of these minimum
38 contribution rates and recommend to the council any adjustments as
39 may be needed due to material changes in benefits or actuarial
40 assumptions, methods, or experience. ((Any)) The minimum contribution
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 1 rates in this section, including changes adopted by the council,
2 shall be subject to revision by the legislature.
3 Sec. 5. RCW 41.45.158 and 2006 c 365 s 4 are each amended to
4 read as follows:
5 MINIMUM CONTRIBUTION RATES. (1) Beginning July 1, 2009, a minimum
6 contribution rate is established for the plans 2 and 3 normal cost as
7 part of the required contribution rate for members of plan 2 of the
8 public employees' retirement system. The minimum contribution rate
9 for the plans 2 and 3 employee normal cost shall equal the total
10 contribution rate required to fund eighty percent of the plans 2 and
11 3 employee normal cost as calculated under the entry age normal cost
12 method.
13 (2) Beginning September 1, 2009, a minimum contribution rate is
14 established for the plans 2 and 3 normal cost as part of the required
15 contribution rate for members of plan 2 of the school employees'
16 retirement system. The minimum contribution rate for the plans 2 and
17 3 employee normal cost shall equal the total contribution rate
18 required to fund eighty percent of the plans 2 and 3 employee normal
19 cost as calculated under the entry age normal cost method.
20 (3) Beginning September 1, 2009, a minimum contribution rate is
21 established for the plans 2 and 3 normal cost as part of the required
22 contribution rate for members of plan 2 of the teachers' retirement
23 system. The minimum contribution rate for the plans 2 and 3 employee
24 normal cost shall equal the total contribution rate required to fund
25 eighty percent of the plans 2 and 3 employee normal cost as
26 calculated under the entry age normal cost method.
27 (4) A minimum contribution rate is established for the plan 2
28 normal cost as part of the basic member contribution rate for the law
29 enforcement officers' and firefighters' retirement system. The
30 council may not adopt changes to the minimum contribution rate for
31 plan 2 of the law enforcement officers' and firefighters' retirement
32 system under subsection (5) of this section. On June 30th of each
33 even-numbered year, if the funded status of the law enforcement
34 officers' and firefighters' retirement system plan 2 as measured by
35 the most recent completed actuarial valuation performed by the office
36 of the state actuary is:
37 (a) Less than 105 percent, then the minimum contribution rate for
38 the member normal cost shall equal the total contribution rate
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 1 required to fund 100 percent of the plan 2 member normal cost as
2 calculated under the entry age normal cost method;
3 (b) Greater than or equal to 105 percent and less than 110
4 percent, then the minimum contribution rate for the member normal
5 cost shall equal the total contribution rate required to fund 90
6 percent of the plan 2 member normal cost as calculated under the
7 entry age normal cost method; or
8 (c) Greater than or equal to 110 percent, then the minimum
9 contribution rate for the employer and state normal cost shall equal
10 the total contribution rate required to fund 80 percent of the plan 2
11 employer normal cost as calculated under the entry age normal cost
12 method.
13 (5) Upon completion of each biennial actuarial valuation, the
14 state actuary shall review the appropriateness of these minimum
15 contribution rates and recommend to the legislature any adjustments
16 as may be needed due to material changes in benefits or actuarial
17 assumptions, methods, or experience.
18 Sec. 6. RCW 41.45.0604 and 2007 c 280 s 3 are each amended to
19 read as follows:
20 FREEZE LEOFF 2 CONTRIBUTION RATES. (1)(a) Not later than July 31,
21 2008, and every even-numbered year thereafter, the law enforcement
22 officers' and firefighters' plan 2 retirement board shall adopt
23 contribution rates for the law enforcement officers' and
24 firefighters' retirement system plan 2 as provided in RCW
25 41.26.720(1)(a).
26 (b) For 2021-2023 and 2023-2025 fiscal biennia, contribution
27 rates for the law enforcement officers' and firefighters' retirement
28 system plan 2 may not exceed the rates adopted by the law enforcement
29 officers' and firefighters' plan 2 retirement board in 2020.
30