(1) All classified employees who first become employed by an
employer in an eligible position on or after July 1, 2007, shall
have a period of ninety days to make an irrevocable choice to
become a member of plan 2 or plan 3. At the end of ninety days,
if the member has not made a choice to become a member of plan 2,
he or she becomes a member of plan 3.
(2) For administrative efficiency, until a member elects to
become a member of plan 3, or becomes a member of plan 3 by
default under subsection (1) of this section, the member shall be
reported to the department in plan 2, with member and employer
contributions. Upon becoming a member of plan 3 by election or
by default, all service credit shall be transferred to the
member's plan 3 defined benefit, and all employee accumulated
contributions shall be transferred to the member's plan 3 defined
contribution account.
(3) The plan choice provision as set forth in section 7,
chapter 491, Laws of 2007 was intended by the legislature as a
replacement benefit for gain-sharing. Until there is legal
certainty with respect to the repeal of chapter 41.31A RCW, the
right to plan choice under this section is noncontractual, and
the legislature reserves the right to amend or repeal this
section. Legal certainty includes, but is not limited to, the
expiration of any: Applicable limitations on actions; and
periods of time for seeking appellate review, up to and including
reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, all classified
employees who first become employed by an employer in an eligible
position on or after July 1, 2007, may choose either plan 2 or
plan 3 under this section. If the repeal of chapter 41.31A RCW
is held to be invalid in a final determination of a court of law,
and the court orders reinstatement of gain-sharing or other
alternate benefits as a remedy, then all classified employees who
first become employed by an employer in an eligible position on
or after the date of such reinstatement shall be members of plan
3.
[2007 c 491 § 7; 1998 c 341 § 202.]
NOTES:
Effective date -- 2007 c 491 §§ 1, 3, and 7: See note following RCW 41.32.835.
Severability -- Conflict with federal requirements -- 2007 c 491: See notes following RCW 41.32.765.