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.
1 AN ACT Relating to flexible work for general and limited
2 authority Washington peace officers; amending RCW 41.26.030;
3 reenacting and amending RCW 10.93.020; and adding a new section to
4 chapter 49.28 RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. A new section is added to chapter 49.28
7 RCW to read as follows:
8 (1) Every general authority and limited authority Washington law
9 enforcement agency may adopt a flexible work policy. The policy may
10 allow for general authority and limited authority Washington peace
11 officers to work at less than full time when feasible, such as
12 supplementing work during peak hours with part-time officers. The
13 flexible work policy may include alternative shift and work schedules
14 that fit the needs of the law enforcement agency.
15 (2) The flexible work policy adopted in subsection (1) of this
16 section may require an officer have a certain number of years of
17 experience as a full-time officer or have additional training for the
18 officer to work part time or be eligible for any other types of
19 flexible work.
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1 (3) The flexible work policy adopted in subsection (1) of this
2 section may not cause the layoff or otherwise displace any full-time
4 (4) This section does not alter any existing collective
5 bargaining unit, the provisions of any existing collective bargaining
6 agreement, or the duty of a law enforcement agency to meet their duty
7 to bargain under chapter 41.56 or 41.80 RCW. Full-time and part-time
8 officers working for the same law enforcement agency who are covered
9 by a collective bargaining agreement must be in the same bargaining
11 (5) This section does not alter any laws or workplace policies
12 relating to restrictions on secondary employment for general
13 authority and limited authority Washington peace officers.
14 (6) For the purposes of this section, the definitions in this
15 subsection apply.
16 (a) "General authority and limited authority Washington law
17 enforcement agency" has the same meaning as "general authority
18 Washington law enforcement agency" and "limited authority Washington
19 law enforcement agency" as defined in RCW 10.93.020 (3) and (5),
21 (b) "General authority and limited authority Washington peace
22 officers" has the same meaning as "general authority Washington peace
23 officer" and "limited authority Washington peace officer" as defined
24 in RCW 10.93.020 (4) and (6), respectively.
25 Sec. 2. RCW 10.93.020 and 2021 c 318 s 307 are each reenacted
26 and amended to read as follows:
27 As used in this chapter, the following terms have the meanings
28 indicated unless the context clearly requires otherwise.
29 (1) "Agency with primary territorial jurisdiction" means a city
30 or town police agency which has responsibility for police activity
31 within its boundaries; or a county police or sheriff's department
32 which has responsibility with regard to police activity in the
33 unincorporated areas within the county boundaries; or a statutorily
34 authorized port district police agency or four-year state college or
35 university police agency which has responsibility for police activity
36 within the statutorily authorized enforcement boundaries of the port
37 district, state college, or university.
38 (2) "Federal peace officer" means any employee or agent of the
39 United States government who has the authority to carry firearms and
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1 make warrantless arrests and whose duties involve the enforcement of
2 criminal laws of the United States.
3 (3) "General authority Washington law enforcement agency" means
4 any agency, department, or division of a municipal corporation,
5 political subdivision, or other unit of local government of this
6 state, and any agency, department, or division of state government,
7 having as its primary function the detection and apprehension of
8 persons committing infractions or violating the traffic or criminal
9 laws in general, as distinguished from a limited authority Washington
10 law enforcement agency, and any other unit of government expressly
11 designated by statute as a general authority Washington law
12 enforcement agency. The Washington state patrol and the department of
13 fish and wildlife are general authority Washington law enforcement
15 (4) "General authority Washington peace officer" means any
16 ((full-time,)) fully compensated and elected, appointed, or employed
17 officer of a general authority Washington law enforcement agency who
18 is commissioned to enforce the criminal laws of the state of
19 Washington generally.
20 (5) "Limited authority Washington law enforcement agency" means
21 any agency, political subdivision, or unit of local government of
22 this state, and any agency, department, or division of state
23 government, having as one of its functions the apprehension or
24 detection of persons committing infractions or violating the traffic
25 or criminal laws relating to limited subject areas, including but not
26 limited to, the state departments of natural resources and social and
27 health services, the state gambling commission, the state lottery
28 commission, the state parks and recreation commission, the state
29 utilities and transportation commission, the state liquor and
30 cannabis board, the office of the insurance commissioner, the state
31 department of corrections, and the office of independent
33 (6) "Limited authority Washington peace officer" means any
34 ((full-time,)) fully compensated officer of a limited authority
35 Washington law enforcement agency empowered by that agency to detect
36 or apprehend violators of the laws in some or all of the limited
37 subject areas for which that agency is responsible. A limited
38 authority Washington peace officer may be a specially commissioned
39 Washington peace officer if otherwise qualified for such status under
40 this chapter.
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1 (7) "Mutual law enforcement assistance" includes, but is not
2 limited to, one or more law enforcement agencies aiding or assisting
3 one or more other such agencies through loans or exchanges of
4 personnel or of material resources, for law enforcement purposes.
5 (8) "Primary commissioning agency" means (a) the employing agency
6 in the case of a general authority Washington peace officer, a
7 limited authority Washington peace officer, a tribal peace officer
8 from a federally recognized tribe, or a federal peace officer, and
9 (b) the commissioning agency in the case of a specially commissioned
10 Washington peace officer (i) who is performing functions within the
11 course and scope of the special commission and (ii) who is not also a
12 general authority Washington peace officer, a limited authority
13 Washington peace officer, a tribal peace officer from a federally
14 recognized tribe, or a federal peace officer.
15 (9) "Primary function of an agency" means that function to which
16 greater than fifty percent of the agency's resources are allocated.
17 (10) "Specially commissioned Washington peace officer," for the
18 purposes of this chapter, means any officer, whether part-time or
19 full-time, compensated or not, commissioned by a general authority
20 Washington law enforcement agency to enforce some or all of the
21 criminal laws of the state of Washington, who does not qualify under
22 this chapter as a general authority Washington peace officer for that
23 commissioning agency, specifically including reserve peace officers,
24 and specially commissioned full-time, fully compensated peace
25 officers duly commissioned by the states of Oregon or Idaho or any
26 such peace officer commissioned by a unit of local government of
27 Oregon or Idaho. A reserve peace officer is an individual who is an
28 officer of a Washington law enforcement agency who does not serve
29 such agency on a full-time basis but who, when called by the agency
30 into active service, is fully commissioned on the same basis as full-
31 time peace officers to enforce the criminal laws of the state.
32 Sec. 3. RCW 41.26.030 and 2021 c 12 s 2 are each amended to read
33 as follows:
34 As used in this chapter, unless a different meaning is plainly
35 required by the context:
36 (1) "Accumulated contributions" means the employee's
37 contributions made by a member, including any amount paid under RCW
38 41.50.165(2), plus accrued interest credited thereon.
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1 (2) "Actuarial reserve" means a method of financing a pension or
2 retirement plan wherein reserves are accumulated as the liabilities
3 for benefit payments are incurred in order that sufficient funds will
4 be available on the date of retirement of each member to pay the
5 member's future benefits during the period of retirement.
6 (3) "Actuarial valuation" means a mathematical determination of
7 the financial condition of a retirement plan. It includes the
8 computation of the present monetary value of benefits payable to
9 present members, and the present monetary value of future employer
10 and employee contributions, giving effect to mortality among active
11 and retired members and also to the rates of disability, retirement,
12 withdrawal from service, salary and interest earned on investments.
13 (4)(a) "Basic salary" for plan 1 members, means the basic monthly
14 rate of salary or wages, including longevity pay but not including
15 overtime earnings or special salary or wages, upon which pension or
16 retirement benefits will be computed and upon which employer
17 contributions and salary deductions will be based.
18 (b) "Basic salary" for plan 2 members, means salaries or wages
19 earned by a member during a payroll period for personal services,
20 including overtime payments, and shall include wages and salaries
21 deferred under provisions established pursuant to sections 403(b),
22 414(h), and 457 of the United States Internal Revenue Code, but shall
23 exclude lump sum payments for deferred annual sick leave, unused
24 accumulated vacation, unused accumulated annual leave, or any form of
25 severance pay. In any year in which a member serves in the
26 legislature the member shall have the option of having such member's
27 basic salary be the greater of:
28 (i) The basic salary the member would have received had such
29 member not served in the legislature; or
30 (ii) Such member's actual basic salary received for
31 nonlegislative public employment and legislative service combined.
32 Any additional contributions to the retirement system required
33 because basic salary under (b)(i) of this subsection is greater than
34 basic salary under (b)(ii) of this subsection shall be paid by the
35 member for both member and employer contributions.
36 (5)(a) "Beneficiary" for plan 1 members, means any person in
37 receipt of a retirement allowance, disability allowance, death
38 benefit, or any other benefit described herein.
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1 (b) "Beneficiary" for plan 2 members, means any person in receipt
2 of a retirement allowance or other benefit provided by this chapter
3 resulting from service rendered to an employer by another person.
4 (6)(a) "Child" or "children" means an unmarried person who is
5 under the age of eighteen or mentally or physically disabled as
6 determined by the department, except a person who is disabled and in
7 the full time care of a state institution, who is:
8 (i) A natural born child;
9 (ii) A stepchild where that relationship was in existence prior
10 to the date benefits are payable under this chapter;
11 (iii) A posthumous child;
12 (iv) A child legally adopted or made a legal ward of a member
13 prior to the date benefits are payable under this chapter; or
14 (v) An illegitimate child legitimized prior to the date any
15 benefits are payable under this chapter.
16 (b) A person shall also be deemed to be a child up to and
17 including the age of twenty years and eleven months while attending
18 any high school, college, or vocational or other educational
19 institution accredited, licensed, or approved by the state, in which
20 it is located, including the summer vacation months and all other
21 normal and regular vacation periods at the particular educational
22 institution after which the child returns to school.
23 (7) "Department" means the department of retirement systems
24 created in chapter 41.50 RCW.
25 (8) "Director" means the director of the department.
26 (9) "Disability board" for plan 1 members means either the county
27 disability board or the city disability board established in RCW
29 (10) "Disability leave" means the period of six months or any
30 portion thereof during which a member is on leave at an allowance
31 equal to the member's full salary prior to the commencement of
32 disability retirement. The definition contained in this subsection
33 shall apply only to plan 1 members.
34 (11) "Disability retirement" for plan 1 members, means the period
35 following termination of a member's disability leave, during which
36 the member is in receipt of a disability retirement allowance.
37 (12) "Domestic partners" means two adults who have registered as
38 domestic partners under RCW 26.60.020.
39 (13) "Employee" means any law enforcement officer or firefighter
40 as defined in subsections (17) and (19) of this section.
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1 (14)(a) "Employer" for plan 1 members, means the legislative
2 authority of any city, town, county, district, or regional fire
3 protection service authority or the elected officials of any
4 municipal corporation that employs any law enforcement officer and/or
5 firefighter, any authorized association of such municipalities, and,
6 except for the purposes of RCW 41.26.150, any labor guild,
7 association, or organization, which represents the firefighters or
8 law enforcement officers of at least seven cities of over 20,000
9 population and the membership of each local lodge or division of
10 which is composed of at least sixty percent law enforcement officers
11 or firefighters as defined in this chapter.
12 (b) "Employer" for plan 2 members, means the following entities
13 to the extent that the entity employs any law enforcement officer
14 and/or firefighter:
15 (i) The legislative authority of any city, town, county,
16 district, public corporation, or regional fire protection service
17 authority established under RCW 35.21.730 to provide emergency
18 medical services as defined in RCW 18.73.030;
19 (ii) The elected officials of any municipal corporation;
20 (iii) The governing body of any other general authority law
21 enforcement agency;
22 (iv) A four-year institution of higher education having a fully
23 operational fire department as of January 1, 1996; or
24 (v) The department of social and health services or the
25 department of corrections when employing firefighters serving at a
26 prison or civil commitment center on an island.
27 (c) Except as otherwise specifically provided in this chapter,
28 "employer" does not include a government contractor. For purposes of
29 this subsection, a "government contractor" is any entity, including a
30 partnership, limited liability company, for-profit or nonprofit
31 corporation, or person, that provides services pursuant to a contract
32 with an "employer." The determination whether an employer-employee
33 relationship has been established is not based on the relationship
34 between a government contractor and an "employer," but is based
35 solely on the relationship between a government contractor's employee
36 and an "employer" under this chapter.
37 (15)(a) "Final average salary" for plan 1 members, means (i) for
38 a member holding the same position or rank for a minimum of twelve
39 months preceding the date of retirement, the basic salary attached to
40 such same position or rank at time of retirement; (ii) for any other
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1 member, including a civil service member who has not served a minimum
2 of twelve months in the same position or rank preceding the date of
3 retirement, the average of the greatest basic salaries payable to
4 such member during any consecutive twenty-four month period within
5 such member's last ten years of service for which service credit is
6 allowed, computed by dividing the total basic salaries payable to
7 such member during the selected twenty-four month period by twenty-
8 four; (iii) in the case of disability of any member, the basic salary
9 payable to such member at the time of disability retirement; (iv) in
10 the case of a member who hereafter vests pursuant to RCW 41.26.090,
11 the ba